Conduct of Business of the Government of a State
Official heading: “Conduct of Business of the Government of a State.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 166, printed pages 74–75
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
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1. In One Sentence
Article 166 mandates that all executive actions of a State Government shall be expressed to be taken in the name of the Governor, and empowers the Governor to make Rules of Business.
2. What It Means in Everyday Language
Article 166 provides the procedural framework for all State executive governance. Under Clause (1), every formal executive action of the Government of a State must be expressed to be taken in the name of the Governor.
Authentication: Clause (2) directs that orders made and executed in the name of the Governor shall be authenticated in such manner as specified in rules made by the Governor. Once properly authenticated, the validity of the order cannot be questioned in court on the ground that it was not made by the Governor.
Rules of Business: Clause (3) empowers the Governor to make rules for the more convenient transaction of government business, and for the allocation of business among Ministers (known as the Rules of Executive Business).
3. Practical Illustrative Example
A citizen receives an official gazette notification acquiring land for a public highway, signed "By Order and in the Name of the Governor of Maharashtra" by an Under Secretary.
4. Important Limits, Qualifications & Exceptions
Article 166 formalizes the legal execution and allocation of State administrative authority.
- All official executive action must be expressed in the Governor's name.
- Authentication shields orders from formal procedural challenges regarding who authorized them.
- Allocation of portfolios: Governor makes Rules of Business dividing departments among Ministers on the Chief Minister's advice.
- Substantive validity remains justiciable: Formal authentication cannot protect an unconstitutional or ultra vires order.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 166, printed pages 74–75 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.