Article 166

Article 166 of the Constitution of India lays down the procedure for the conduct of business by the State Government. It provides the legal and constitutional framework that ensures all executive actions of the State are carried out in an orderly, transparent, and accountable manner, while maintaining the formal role of the Governor as the constitutional head of the State executive.
This Article serves as a procedural safeguard, ensuring that executive power is exercised within constitutional boundaries and according to rules that promote efficiency and consistency in State administration.

Constitutional Text

Article 166 reads:

(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business insofar as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

Purpose and Objective

The primary objective of Article 166 is to provide a constitutional mechanism for the conduct of executive business within the State. It ensures that:

1. All executive actions are carried out in the name of the Governor, thereby preserving the constitutional principle of responsibility.
2. The authenticity and legality of executive decisions are established through formal rules of authentication.
3. The Governor’s authority is symbolically recognised while actual executive power is exercised by the Council of Ministers.
4. A clear administrative structure is maintained through the Governor’s rules for the transaction and allocation of business among Ministers.

Key Provisions of Article 166

1. Executive Actions in the Name of the Governor (Clause 1)

• Every executive action of the State Government must be expressed as being taken in the name of the Governor.
• This provision reflects the parliamentary form of government where the Governor is the nominal executive, and the real executive power is exercised by the Council of Ministers headed by the Chief Minister.

Example:Government orders, notifications, and official communications must begin with the words “By order of the Governor”.
Significance:

• Ensures uniformity and legality in administrative processes.
• Symbolically reaffirms that executive authority is constitutionally vested in the Governor, as per Article 154.

2. Authentication of Orders and Instruments (Clause 2)

• All orders or instruments made in the Governor’s name must be authenticated according to rules framed by the Governor.
• Once an order is properly authenticated, its validity cannot be questioned on the ground that it was not made personally by the Governor.

Purpose:

• Provides legal protection and certainty to official acts.
• Prevents administrative challenges against orders on technical grounds.

Practical Example:An order signed by an authorised officer under the authentication rules is deemed valid and binding, even though the Governor did not personally issue it.

3. Rules for the Transaction of Business (Clause 3)

• The Governor shall make rules for:
  • The convenient transaction of the State’s business.
  • The allocation of business among Ministers.
• These rules are generally known as the Rules of Business of the State Government.

Features:

• The rules specify how files move between departments, how decisions are taken, and which matters require approval from the Cabinet or the Governor.
• They promote efficiency, accountability, and clarity in State administration.

Limitations:

• These rules cannot override constitutional provisions or laws enacted by the Legislature.
• The Governor cannot use Clause (3) to extend discretionary authority beyond what is expressly granted under the Constitution.

Relationship Between the Governor and the Council of Ministers

Article 166 must be read in conjunction with Articles 154, 163, and 164:

• The Governor is the formal head of the State executive.
• The Council of Ministers exercises the real executive authority in the Governor’s name.
• Under Article 163, the Governor is bound by the aid and advice of the Council of Ministers except in matters where discretion is constitutionally provided.

Hence, Article 166 establishes a working relationship between the Governor and the Council of Ministers, ensuring that all executive functions are carried out constitutionally and efficiently.

Judicial Interpretation and Key Judgments

Several landmark Supreme Court judgments have clarified the scope and application of Article 166:

1. K. C. Gajapati Narayan Deo v. State of Orissa (1953):
   • The Court held that the executive actions of the State must comply with Article 166(1).
   • However, failure to express an order in the Governor’s name does not necessarily render it invalid if the intent and authority are clear.
2. Shamsher Singh v. State of Punjab (1974):
   • The Supreme Court reiterated that the Governor is a constitutional head who acts on the aid and advice of the Council of Ministers.
   • It held that Article 166 does not give the Governor independent powers beyond those expressly conferred by the Constitution.
3. State of Bihar v. Kripalu Shankar (1987):
   • The Court clarified that the rules framed under Article 166(3) are directory, not mandatory.
   • The absence of formal compliance with these rules does not automatically invalidate administrative decisions if they are otherwise lawful.
4. State of Rajasthan v. Union of India (1977):
   • The Court held that the Governor’s discretion under Article 166 is limited and must be exercised strictly within constitutional boundaries.
   • The Governor cannot act contrary to the advice of the Council of Ministers except where the Constitution explicitly allows it.

Related Constitutional Articles

• Article 154: Vests the executive power of the State in the Governor.
• Article 163: Provides for a Council of Ministers to aid and advise the Governor.
• Article 167: Obligates the Chief Minister to communicate decisions of the Council of Ministers to the Governor.
• Article 77: Provides similar provisions for the conduct of business of the Union Government in the name of the President.

Together, Articles 154–167 define the executive structure of State governance, mirroring the Union framework to maintain administrative uniformity.

Practical Implications

1. Legal and Administrative Uniformity:
   • Ensures that all executive decisions are traceable to the Governor, maintaining legal and constitutional validity.
2. Efficient Governance:
   • The rules framed under Article 166(3) provide a clear system for the distribution of responsibilities among Ministers and departments.
3. Accountability and Transparency:
   • The authentication requirement ensures traceability of executive actions, reducing misuse of authority.
4. Continuity of Government:
   • Provides a procedural structure that allows the administration to function smoothly, even during political changes or crises.
5. Judicial Oversight:
   • While the formality of expression in the Governor’s name is important, courts can examine whether the substance of the decision conforms to constitutional and legal principles.

Federal and Democratic Significance

Article 166 reflects India’s federal parliamentary model, where:

• The Governor acts as the constitutional head of the State.
• The Council of Ministers, representing the elected majority, wields actual executive power.
• The Rules of Business ensure that this power is exercised in a systematic and accountable manner, avoiding arbitrary decisions.

By aligning with Article 77 (which governs Union executive business), Article 166 guarantees uniformity, legality, and transparency across the federal structure of India.

Constitutional Significance

1. Formalises Executive Authority:
   • Upholds the principle that executive power flows constitutionally through the Governor.
2. Prevents Administrative Confusion:
   • The requirement of authentication and rules of business prevent mismanagement and overlapping authority.
3. Safeguards Against Arbitrary Power:
   • Limits the Governor’s discretion to constitutionally defined spheres, ensuring democratic governance.
4. Maintains Continuity of Governance:
   • Ensures that government operations remain unaffected by political or administrative changes.