Article 167 of the Indian Constitution is a pivotal provision that defines the critical line of communication and information exchange between the Chief Minister and the Governor of a State. It establishes the constitutional obligation of the Chief Minister to keep the Governor informed about the administrative and legislative affairs of the state. This article is crucial for maintaining transparency and a proper channel of communication between the nominal head (Governor) and the real head (Chief Minister and Council of Ministers) of the state executive, which is fundamental to the parliamentary system of government at the state level.
This Article not only mandates the Chief Minister to provide information but also grants the Governor the constitutional authority to seek information and even require the Council of Ministers to consider matters decided by an individual minister, reinforcing the principle of collective responsibility. Understanding Article 167 is key to grasping the functional dynamics between the Governor and the state government.
Original Text
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.— It shall be the duty of the Chief Minister of each State— (a) to communicate to the Governor of the State 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.
Detailed Explanation
Article 167 lays down the specific duties of the Chief Minister in relation to the Governor. These duties are mandatory (“It shall be the duty of the Chief Minister”).
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Clause (a): Communication of CoM Decisions: This clause places a direct and unqualified duty on the Chief Minister to inform the Governor about all decisions taken by the Council of Ministers. These decisions must pertain to two areas:
- The administration of the affairs of the State.
- Proposals for legislation. This ensures that the Governor, as the constitutional head of the state, is continuously apprised of the executive and legislative actions being decided upon by the elected government. It’s a mechanism to keep the head of state informed about the functioning of the government.
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Clause (b): Furnishing Requested Information: This clause empowers the Governor to actively seek information from the Chief Minister. The Governor is not limited to merely receiving communications under clause (a); they can call for any information they deem necessary relating to:
- The administration of the affairs of the State.
- Proposals for legislation. The Chief Minister is constitutionally bound to furnish such information as requested by the Governor. This provides the Governor with a proactive role in seeking clarifications or details beyond what is routinely communicated under clause (a).
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Clause (c): Submission of Ministerial Decisions to CoM: This is a significant provision that allows the Governor, if they so require, to ask the Chief Minister to submit any matter for the consideration of the entire Council of Ministers. This power can be exercised specifically when a decision has been taken by a single Minister but has not been considered by the Council as a whole.
- Purpose: This clause acts as a check against a Minister taking important decisions unilaterally without the collective deliberation and approval of the Council of Ministers.
- Mechanism: The Governor, upon becoming aware of such a decision (possibly through information received under clauses (a) or (b), or other sources), can require the Chief Minister to bring that specific matter before the full Council for its consideration.
- Impact: This strengthens the principle of collective responsibility, ensuring that significant matters are debated and decided upon by the Council as a body, rather than by individual ministers in isolation, especially if the Governor perceives a need for collective review.
In essence, Article 167 defines the Chief Minister’s role as the principal channel of communication between the Council of Ministers and the Governor, ensuring that the Governor is informed, can seek further information, and can, in certain cases, mandate collective deliberation on matters decided by individual ministers.
Detailed Notes
- Mandatory Duty: Article 167 imposes mandatory duties on the Chief Minister (“It shall be the duty”).
- Three Key Duties: The Chief Minister has three specific duties under this article.
- Duty (a): Communicate CoM Decisions:
- Must inform the Governor of all decisions of the Council of Ministers.
- Decisions cover administration of state affairs and legislative proposals.
- Ensures Governor is continuously updated on government functioning.
- Duty (b): Furnish Requested Information:
- Must provide information related to administration and legislative proposals if the Governor asks for it.
- Empowers the Governor to actively seek details beyond routine communication.
- Duty (c): Submit Individual Ministerial Decisions to CoM:
- Triggered if the Governor requires it.
- Applies to matters where a decision was taken by one Minister.
- Applies only if that decision has not been considered by the full Council of Ministers.
- Requires the Chief Minister to place that matter before the entire Council for its consideration.
- Reinforces collective responsibility of the Council of Ministers.
- Acts as a check on unilateral ministerial action.
- CM as Principal Communicator: The Article designates the Chief Minister as the official link for communication between the Council of Ministers and the Governor.
- Transparency and Information Flow: Ensures a constitutional mechanism for transparency and information flow to the head of state.
- Part VI: Located in Part VI of the Constitution, dealing with “The States”.
Additional Comments
- Article 167 operates in conjunction with Article 163 (Governor to act on aid and advice of CoM) and Article 164 (Appointment and collective responsibility of CoM). While Article 163 requires the Governor to act on aid and advice, Article 167 ensures the Governor is properly informed about the advice being formulated and implemented by the Council.
- Clause (c) provides the Governor with a limited but significant power to ensure that crucial decisions potentially affecting the state are subjected to collective deliberation by the Council, thereby upholding the spirit of cabinet government. This power is not a discretionary power of the Governor to overrule the Council, but to ensure the Council’s collective consideration.
- The scope of “administration of the affairs of the State” is broad and covers all executive actions.
- The communication under Article 167 is formal and constitutional, distinct from informal interactions.
- This article underscores the constitutional position of the Governor as the head of the executive, requiring him/her to be kept informed, even though the real executive power rests with the Council of Ministers headed by the Chief Minister.
Summary
Article 167 of the Indian Constitution outlines the mandatory duties of the Chief Minister towards the Governor. The Chief Minister must communicate to the Governor all decisions of the Council of Ministers concerning state administration and legislative proposals. The Chief Minister is also obliged to furnish any information relating to state administration and proposed legislation that the Governor may request. Furthermore, the Article empowers the Governor to require that any matter on which a decision has been taken by an individual Minister, but not yet considered by the Council of Ministers, be submitted for the Council’s consideration. This article establishes the formal channel of communication, ensures the Governor is kept informed, and strengthens the principle of collective responsibility within the state executive.