Articles 165, 166 and 167 of the Constitution of India
Articles 165 to 167 form part of Part VI of the Constitution and deal with three connected aspects of State executive government: the Advocate-General for the State, the formal conduct of State Government business, and the Chief Minister's constitutional duty to keep the Governor informed.
In brief: Article 165 establishes the office and principal duties of the Advocate-General; Article 166 prescribes how State executive action is expressed, authenticated and allocated; and Article 167 specifies information and Council-of-Ministers duties of the Chief Minister in relation to the Governor.
Article 165 - Advocate-General for the State
Article 165 creates the constitutional office of the Advocate-General for each State. The Governor appoints a person who is qualified to be appointed a Judge of a High Court. The Advocate-General advises the State Government on legal matters referred or assigned by the Governor, performs other duties of a legal character, and discharges functions conferred by the Constitution or other law. The office is held during the pleasure of the Governor, with remuneration determined by the Governor.
Article 165(1): The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
Article 165(2): It is the duty of the Advocate-General to advise the Government of the State on legal matters referred or assigned by the Governor, perform other duties of a legal character, and discharge functions conferred by or under the Constitution or any other law in force.
Article 165(3): The Advocate-General holds office during the pleasure of the Governor and receives such remuneration as the Governor may determine.
Article 166 - Conduct of Business of the Government of a State
Article 166 regulates the formal expression and authentication of State executive action and requires rules for convenient transaction and allocation of State Government business. It should be read with the wider constitutional scheme governing the State executive, including Articles 154 and 163.
Article 166(1): All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
Article 166(2): Orders and other instruments made and executed in the name of the Governor are authenticated in the manner specified by rules made by the Governor. Once duly authenticated, their validity cannot be questioned merely on the ground that they were not made or executed by the Governor.
Article 166(3): The Governor makes rules for the more convenient transaction of State Government business and for allocation of that business among Ministers, except business in respect of which the Governor is constitutionally required to act in discretion.
Article 167 - Duties of the Chief Minister Regarding Information to the Governor
Article 167 establishes a constitutional channel of communication between the Chief Minister and the Governor. It requires the Chief Minister to communicate specified decisions and legislative proposals, supply information requested by the Governor, and, when required, place before the Council of Ministers a matter decided by an individual Minister but not considered by the Council.
Article 167(a): The Chief Minister must communicate to the Governor all decisions of the Council of Ministers relating to administration of State affairs and proposals for legislation.
Article 167(b): The Chief Minister must furnish information relating to administration of State affairs and proposals for legislation as the Governor may call for.
Article 167(c): If the Governor so requires, the Chief Minister must submit for consideration of the Council of Ministers any matter on which a Minister has taken a decision but which has not been considered by the Council.
Official text and further reading
For authoritative constitutional text, refer to the Government of India's official Constitution resources. The official text confirms the provisions of Articles 165, 166 and 167 summarized above.
