Article 163 in Constitution of India
163. Council of Ministers to aid and advise Governor
(1) There shall be a Council of Ministers with
State within the
meaning of Article 154 read with Article 162.
Second, the Governor under Article 163 of the Constitution.
can take aid and advice ... background of these
illustrative draft articles as to why Article 143 in the
Draft Constitution which became Article 163 in our
Constitution used the expression
applicable. However, while considering the
issue, a reference to Article 163 of the Constitution of India was
made in the case of M.P. Special ... direction therein
would not only offend Article 161 of the Constitution of India, but
also Article 163 of the Constitution of India.
31. Article 163
latter deal with the Governor and the Chief Minister.
Article 74(1) and Article 163(1) are substantially the same
except that the sentence beginning ... Article 74(1). The proviso to Article
74(1) which grants a special privilege to the President is
not to be found in Article 163
indicated in sub-article(2) of that Article. But it has been well settled that this is not the meaning. Art. 163 ... Articles relating to the Governor's functions. The functions of the Governor covered by the exception in Article 163(1) are those
that he, in his discretion, exercisable by virtue of provisions of Article 163 (2) of the Constitution, did not think that it was a matter ... where aid and advice was required as contemplated under Article 163 (1) of the Constitution.
11. Let me at this stage indicate the various points
that the application is out of time and barred by Article 163 , Limitation Act , and should therefore be dismissed. His argument is that the dismissal ... within 30 days from the date of dismissal. Unlike Article 164 , Limitation Act , Article 163 , Limitation Act , in my opinion, makes it clear that
grounds including that in view of various provisions under Article 361 read with Article 163(2) of the Constitution of India, the jurisdiction ... appearing on behalf of respondent No. 2, urged that Article 361 read with Article 163(2) confer total immunity and do not admit
court of law. The enquiry is barred by the provision of Article 163 (3) of the Constitution of India.
10. That, the deponent is further ... State, as also in view of the provisions of Article 163 (3) of the Constitution of India, it is not permissible for him either
officers subordinate. The provisions contained in
Article 74 in the case of the President and Article 163 in the case of the
Governor that there ... Government. Article 74(1) provides for the
Council of Ministers to aid and advise the President in the exercise of his
functions. Article 163