nature of Advice By Minister

Article 163 provides for a council of ministers with the chief ministers with the chief minister at the head to aid and advice the governor in the exercise of his functions except the discretionary ones . if any question arises whether a matter falls within the governor's discretion or not the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion .further the nature of advice tendered by minister to the governor cannot be enquired by any court .this provision emphasizes the intimate and the confidence relationship between the governor and the ministers.

the supreme court ruled that a council of minister must always exist to advise the governor even after the dissolution of the state legislative assembly or resignation of council of minister .Hence the existing ministry may continue in the office until its successor assumes charge . Again in 1974 the court clarified that except in spheres where the governor is to act in the exercise of his powers and function .He is not required to act personally without the aid and advice of the council of ministers or against the aid and advice of the council of minister .wherever the constitution requires the satisfaction of the governor the satisfaction is not the personal satisfaction of the governor but it is the satisfaction of the council of ministers.