Article 167

Article 167 of the Constitution of India outlines the duties and responsibilities of the Chief Minister in relation to the Governor, the constitutional head of the State. It ensures that the Governor remains informed about the activities and decisions of the Council of Ministers, thereby maintaining transparency, accountability, and constitutional coordination between the nominal head (Governor) and the real executive (Council of Ministers).
This Article serves as a crucial link between the executive branch of the State Government and the Governor, ensuring smooth communication and constitutional harmony in the functioning of State administration.

Text of Article 167

Article 167 reads:

It shall be the duty of the Chief Minister of each State—
(a) to communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Purpose and Objective

Article 167 aims to ensure:

1. Constitutional Accountability: The Chief Minister keeps the Governor informed about the decisions and policies of the government, reflecting the Governor’s role as the constitutional head of the State.
2. Coordination in Governance: Facilitates a healthy flow of information between the executive (Council of Ministers) and the Governor, preventing misunderstandings or administrative disconnect.
3. Transparency: Guarantees that all executive actions and legislative proposals are communicated to the Governor, reinforcing responsible governance within a parliamentary framework.
4. Checks and Balances: Empowers the Governor to seek clarifications or call for reconsideration of matters, ensuring decisions are taken in accordance with constitutional propriety.

Key Provisions of Article 167

Clause (a): Communication of Decisions and Proposals

• The Chief Minister must communicate all decisions of the Council of Ministers related to the administration of the State and proposals for new legislation to the Governor.
• This obligation ensures that the Governor remains fully aware of executive decisions and legislative initiatives, even though they act on the aid and advice of the Council of Ministers under Article 163.

Significance:

• Reinforces the Governor’s constitutional role as the head of the State executive.
• Prevents any information gap that could lead to administrative confusion or constitutional discord.

Clause (b): Furnishing of Information

• The Governor can request information from the Chief Minister regarding the administration of the State or any legislative proposal.
• The Chief Minister is constitutionally bound to comply and provide such information promptly.

Purpose:

• Empowers the Governor to exercise oversight and ensure that governance adheres to the constitutional framework.
• Enables the Governor to maintain an informed relationship with both the State Government and the Union Government, especially in matters of national or federal importance.

Clause (c): Reconsideration of Decisions

• If a decision has been taken by an individual Minister without the Council’s approval, the Governor can require the Chief Minister to place the matter before the Council of Ministers for reconsideration.

Significance:

• Ensures collective responsibility and discourages unilateral decision-making by individual Ministers.
• Upholds the parliamentary principle that policy decisions are the responsibility of the Council as a whole, not of individual Ministers.

Relationship Between the Governor and the Chief Minister

Article 167 formalises the constitutional relationship between the Governor and the Chief Minister, ensuring:

• The Governor, as the constitutional head, remains informed but does not interfere in day-to-day administration.
• The Chief Minister, as the executive head, keeps the Governor updated and ensures constitutional compliance.
• Both function within their respective spheres of authority, maintaining the balance between constitutional formality and political reality.

This relationship mirrors that between the President and the Prime Minister at the Union level, governed by Article 78.

Judicial Interpretation and Landmark Judgments

Several judgments have elaborated on the principles underlying Article 167 and the duties of the Chief Minister:

1. Shamsher Singh v. State of Punjab (1974):
   • The Supreme Court affirmed that the Governor is a constitutional head who acts on the aid and advice of the Council of Ministers.
   • Article 167 was interpreted as a means to ensure that the Governor remains informed, not to confer independent executive powers.
2. State of Rajasthan v. Union of India (1977):
   • The Court clarified that the Governor’s role in seeking information or requiring reconsideration under Article 167 must be exercised within constitutional limits and not as a tool of interference.
3. Rameshwar Prasad v. Union of India (2006):
   • The Court reaffirmed that effective communication between the Chief Minister and the Governor is essential for maintaining the rule of law and constitutional governance.
4. K. S. Puttaswamy v. Union of India (2017):
   • The Court, while dealing with executive accountability, highlighted the importance of constitutional checks and balances, underscoring Articles 163 and 167 as mechanisms ensuring executive transparency.

Related Constitutional Articles

• Article 163: Establishes the Council of Ministers to aid and advise the Governor, except in matters where discretion is conferred by the Constitution.
• Article 164: Deals with the appointment, responsibilities, and collective accountability of the Council of Ministers.
• Article 166: Provides the procedure for conducting the business of the State Government.
• Article 78: Prescribes similar duties for the Prime Minister in relation to the President at the Union level.

Together, these provisions form the constitutional structure of executive responsibility at both the Union and State levels.

Significance of Article 167

1. Ensures Accountability:
   • The Chief Minister’s obligation to keep the Governor informed establishes accountability within the State executive structure.
2. Strengthens Constitutional Governance:
   • Prevents arbitrary executive action by ensuring that decisions are made collectively and transparently.
3. Promotes Cooperative Federalism:
   • Facilitates coordination between the State and the Centre through the Governor, who acts as the link between both levels of government.
4. Maintains Political Stability:
   • Regular communication between the Governor and the Chief Minister helps avert misunderstandings that could lead to political or constitutional crises.
5. Upholds Rule of Law:
   • By ensuring that all executive decisions are communicated and scrutinised within the constitutional framework, Article 167 preserves the integrity of democratic governance.

Practical Applications

• Regular Briefings: Chief Ministers hold periodic meetings with the Governor to discuss key administrative matters and legislative proposals.
• Written Reports: The Chief Minister communicates major decisions and legislative initiatives through official correspondence to maintain a formal record.
• Crisis Situations: In times of political instability, law and order breakdowns, or constitutional crises, the Governor relies heavily on information furnished under Article 167 to make informed decisions or recommendations to the President (e.g., under Article 356).
• Cabinet Deliberations: Matters requiring reconsideration under Clause (c) are resubmitted to the Council of Ministers to ensure collective decision-making.

Implications of Non-Compliance

Failure by the Chief Minister to fulfill the duties under Article 167 can have serious constitutional consequences:

• It may result in a communication breakdown between the Governor and the State Government.
• Persistent non-compliance may be interpreted as a constitutional breakdown, potentially inviting intervention under Article 356 (President’s Rule).
• It can also lead to administrative inefficiency and weaken the principle of collective responsibility.

However, courts have noted that such situations must be handled with constitutional sensitivity to avoid undermining State autonomy.

Constitutional and Federal Significance

Article 167 is a key provision ensuring effective constitutional coordination between the nominal and real executive authorities at the State level. It reflects India’s parliamentary system of governance, where the Governor functions as the symbol of constitutional authority, while the Chief Minister and Council of Ministers exercise real executive power subject to constitutional accountability.