The Constitution of India
Article 167
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) if 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.
Why this exists
Article 167 mirrors Article 78 (which applies to the Prime Minister and the President at the Union level) and is built on the Westminster convention that the head of state, though a ceremonial figure, must be kept informed of government decisions to perform constitutional functions properly, such as giving assent to bills, exercising discretionary powers, or reporting to the President under Article 356. It ensures the Governor is not sidelined or kept ignorant of state administration, while still respecting that real executive power rests with the elected Council of Ministers headed by the Chief Minister.
How courts read it
Courts have generally held that Article 167 reinforces the constitutional relationship of trust and communication between the Governor and the Council of Ministers, without giving the Governor a general power to interfere in day-to-day administration. In cases concerning gubernatorial discretion (such as S.R. Bommai v. Union of India, 1994), the Supreme Court emphasized that the Governor's independent assessments, including recommendations for President's Rule under Article 356, must be based on objective material and proper information, an obligation that Article 167 helps fulfil by ensuring the Governor is not left uninformed. The Article has not been the subject of extensive independent litigation but is often read alongside Articles 163 and 356 to define the Governor-Council of Ministers relationship.
Common misconceptions
- Myth: Article 167 gives the Governor the power to control or veto the state cabinet's decisions.
Fact: The Article only requires the Chief Minister to inform the Governor and provide information; it does not give the Governor authority to overrule Council of Ministers decisions. - Myth: The Governor can use this Article to micromanage day-to-day administration.
Fact: The duty is limited to communication and information-sharing; real executive power remains with the Council of Ministers under Article 163.