Article 167 of the Costitution of India with Case law
📜 Article 167 of the Constitution of India – Duties of Chief Minister as Respect the Furnishing of Information to Governor
âś… Text of Article 167:
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.
🧠Explanation:
Article 167 defines the constitutional obligation of the Chief Minister (CM) to keep the Governor informed.
It reflects the principle that the Governor is a constitutional head and must be updated about executive decisions.
It supports the Governor’s advisory and supervisory role, ensuring democratic accountability.
🏛️ Purpose of Article 167:
| Clause | Duty of CM |
|---|---|
| (a) | Inform Governor of all Cabinet decisions and proposed laws |
| (b) | Furnish any information the Governor seeks |
| (c) | Present individual minister’s decisions to the full Cabinet if Governor demands |
⚖️ Important Case Laws on Article 167:
1. Shamsher Singh v. State of Punjab
Citation: (1974) 2 SCC 831
Held:
The Governor must act on the advice of the Council of Ministers.
Article 167 ensures that Governor is kept in the loop, but he/she cannot act independently of the Cabinet in most matters.
2. Nabam Rebia & Bamang Felix v. Deputy Speaker
Citation: (2016) 8 SCC 1
Facts: Governor of Arunachal Pradesh sent messages without being advised by the Council of Ministers.
Held:
The Governor cannot act independently without aid and advice of the Council in matters under Article 167.
Misuse of Article 167 violates democratic structure.
3. Rameshwar Prasad v. Union of India
Citation: (2006) 2 SCC 1
Held:
CM’s duty to keep the Governor informed (under Article 167) is vital for constitutional checks and balances.
🔍 Relation with Other Articles:
| Article | Subject |
|---|---|
| Article 163 | Governor to act on aid and advice of Council of Ministers |
| Article 164 | CM appointed by Governor |
| Article 168–212 | Legislative provisions for States |
đź“š Summary Table:
| Feature | Description |
|---|---|
| Article | 167 |
| Applies to | Chief Minister’s duties towards Governor |
| Type | Administrative / Executive coordination |
| Key Obligations | Inform Governor, provide info, present matters to Cabinet |
| Judicial Interpretation | Governor is not above the Council; CM must facilitate constitutional flow of information |
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