The Constitution of India
Article 166
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 or instrument 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.
Why this exists
This Article borrows from British constitutional practice where the Crown formally represents state authority while elected ministers actually govern. In India's parliamentary system, the Governor is a constitutional (nominal) head of the state, and real executive power lies with the Chief Minister and Council of Ministers, who are accountable to the state legislature. Article 166 ensures administrative orders carry the Governor's formal authority for legal validity and continuity, while allowing the actual business of government to be efficiently organized among ministers through rules, without requiring the Governor personally to sign or handle every decision.
How courts read it
The Supreme Court, notably in Shamsher Singh v. State of Punjab (1974), held that the Governor, like the President, is normally bound to act on the aid and advice of the Council of Ministers, and Article 166 provisions are directory in nature meant to facilitate business, not to make the Governor a personal decision-maker except in specific constitutionally mandated discretionary matters. Courts have also clarified that non-compliance with authentication rules under clause (2) does not automatically invalidate government action if it can otherwise be shown that the decision was validly taken by the appropriate authority.
Common misconceptions
- Myth: The Governor personally makes every decision issued in his or her name.
Fact: Courts have clarified that the Governor normally acts on the advice of the Council of Ministers; the name is used for formal/legal purposes, not because the Governor personally decided each matter. - Myth: If an order isn't properly authenticated, it's automatically invalid.
Fact: Courts have held that lack of technical authentication does not necessarily invalidate a government decision if it can be shown to have been validly taken by the competent authority.