4.2. Relationship between Governor and his Ministers

The relationship between the Governor and his Council of Ministers is analogous to the relationship between the President and his ministers. However, it is important to highlight that the President is not constitutionally empowered to exercise any function ‘in his discretion’. While at the same time, it authorizes the Governor to exercise some functions ‘on his discretion’.

Article 163(1) says

There shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.

Because of this discretionary jurisdiction, no amendment was made to Article 163(1) by the 42nd Constitutional Amendment Act. Therefore, in exercise of the functions which the Governor is empowered to act in his discretion, he will not be required to act according to the advice of the Council of Ministers or even to seek their advice. If any question arises whether any matter is or is not a matter wherein the Governor is required by the Constitution to act in his discretion, the decision of the Governor shall be final. Furthermore, the validity of anything done by the Governor shall not be called into question on the ground that he ought to or ought not to have acted in his discretion.