How to Appoint Advocate-General for the State? How to Conduct of business of the Government of a State? What are the Duties of Chief Minister as respects the furnishing of information to Governor, etc? Article 165, 166 and 167 of Constitution of India, 1949
Advocate-General for the State, Conduct of business of the Government of a State and Duties of Chief Minister as respects the furnishing of information to Governor, etc are defined under Article 165, 166 and 167 of Constitution of India 1949. Provisions under these Article are:
Article 165 of Constitution of India "Advocate-General for the State"
(1) The Governor of each State shall appoint a person who
is qualified to be appointed a Judge of a High Court to be
Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give
advice to the Government of the State upon such legal
matters, and to perform such other duties of a legal
character, as may from time to time be referred or assigned
to him by the Governor, and to discharge the functions
conferred on him by or under this Constitution or any other
law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
(3) The question whether any, and if so what, advice was
tendered by Ministers to the Governor shall not be inquired
into in any court.
Article 166 of Constitution of India "Conduct of business of the Government of a State"
(1) All executive action of the Government of a State shall
be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the
name of the Governor shall be authenticated in such manner
as may be specified in rules to be made by the Governor, and
the validity of an order on instruction which is so
authenticated shall not be called in question on the ground
that it is not an order or instrument made or executed by
the Governor.
(3) The Governor shall make rules for the more convenient
transaction of the business of the Government of the State,
and for the allocation among Ministers of the said business
in so far as it is not business with respect to which the
Governor is by or under this Constitution required to act in
his discretion.
Article 167 of Constitution of India "Duties of Chief Minister as respects the furnishing of information to Governor, etc"
It shall be the duty of the Chief Minister of each State-
(a) to communicate to the Governor of the State all
decisions of the council of Ministers relating to the
administration of the affairs of the State and proposals for
legislation;
(b) to furnish such information relating to the
administration of the affairs of the State and proposals for
legislation as the Governor may call for; and
(c) the Governor so requires, to submit for the
consideration of the Council of Ministers any matter on
which a decision has been taken by a Minister but which has
not been considered by the Council.