Conduct of State Government Business under Article 166

Article 166 lays down how the executive business of a State government must be formally conducted. It requires executive action to be expressed in the Governor's name, provides for authentication of orders, and authorises Rules of Business for transaction and allocation of governmental work.

Three requirements under Article 166

• Under Article 166(1), all executive action of a State government must be expressed to be taken in the name of the Governor.
• Under Article 166(2), orders and instruments made in the Governor's name must be authenticated according to rules made by the Governor. Once authenticated, their validity cannot be questioned merely on the ground that the Governor did not make or execute them.
• Under Article 166(3), the Governor makes rules for the more convenient transaction of State government business and for allocating that business among ministers.
• The rule-making power excludes matters in which the Governor is required by or under the Constitution to act in discretion.

Operation within cabinet government

Expression of executive action in the Governor's name does not mean that the Governor personally decides every matter. Under Article 163, the Governor ordinarily acts on the aid and advice of the Council of Ministers, while the Rules of Business specify how governmental decisions are processed and allocated.

• The allocation of work among ministers supports the functioning of the Council of Ministers, which is collectively responsible to the Legislative Assembly under Article 164(2).
• Article 166 prescribes the formal conduct and authentication of business; it does not itself confer unlimited substantive power on any constitutional authority.