Article 163 of CoI : Article 163: Council of Ministers to aid and advise Governor.

Explanation using Example

Example 1:

Scenario: Appointment of a Chief Minister

Context: After a state legislative assembly election, no single party has a clear majority. Multiple parties are trying to form a coalition government.

Application of Article 163:

1. The Governor of the state needs to decide who should be invited to form the government.
2. The Council of Ministers, led by the Chief Minister, will advise the Governor on various matters once the government is formed.
3. However, in this situation, the Governor may use his discretion to invite the leader of the largest party or coalition to form the government.
4. If there is a dispute about whether the Governor should use his discretion, the Governor's decision is final and cannot be challenged in court.

Outcome: The Governor invites the leader of the largest coalition to form the government, and this decision is final and cannot be questioned in court.

Example 2:

Scenario: Dissolution of the State Legislative Assembly

Context: The ruling party in a state loses its majority due to defections, and there is political instability.

Application of Article 163:

1. The Chief Minister and the Council of Ministers may advise the Governor to dissolve the legislative assembly and call for fresh elections.
2. The Governor, however, has the discretion to decide whether to accept this advice or explore other options, such as inviting another party to form the government.
3. If the Governor decides to dissolve the assembly, this decision is final and cannot be questioned in court.
4. The advice given by the Council of Ministers to the Governor regarding the dissolution cannot be inquired into by any court.

Outcome: The Governor decides to dissolve the legislative assembly based on the advice of the Council of Ministers, and this decision is final and cannot be challenged in court.