Q. Consider the following statements:
1.The Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions.
2.The advice tendered by Ministers to the Governor shall not be inquired into in any court.
Which of the statements given above is/are correct?
Red Book
Red Book

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: C
Notes:

Explanation: Article 163–Council of Ministers to aid and advice Governor:

  • There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
  • If any question arises whether a matter falls within the Governor’s discretion or not, decision of the Governor shall be final and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
  • The advice tendered by Ministers to the Governor shall not be inquired into in any court.

Source: Laxmikanth

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