53. Council of Ministers.—(1) There shall be a Council of Ministers consisting of not more than
ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at
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the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to
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matters with respect to which the Legislative Assembly has power to make laws except in so far as he
is required by or under this Act to act in his discretion or by or under any law to exercise any judicial
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or quasi-judicial functions.
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(2) The Lieutenant Governor shall, in the exercise of his functions, act in his discretion in a matter:
In
(i) which falls outside the purview of the powers conferred on the Legislative Assembly; or
(ii) in which he is required by or under any law to act in his discretion or to exercise any
judicial functions; or
(iii) related to All India Services and Anti Corruption Bureau:
Provided that if any question arises whether any matter is or is not a matter as respects which
the Lieutenant Governor is by or under this Act required to act in his discretion, the decision of the
Lieutenant Governor in his discretion shall be final, and the validity of anything done by the
Lieutenant Governor shall not be called in question on the ground that he ought or ought not to
have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Lieutenant
Governor shall not be inquired into in any court.Source footnotes
Text extracted from the official PDF. Section boundaries were checked against the source index. Page numbers, watermarks and footnotes may remain in the extract; verify the linked original document.
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More sections of this act
Section 1 · Short title.Section 2 · Definitions.Section 3 · Formation of Union territory of Ladakh without Legislature.Section 4 · Formation of Union territory of Jammu and Kashmir with Legislature.Section 5 · Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor.Section 6 · Amendment of First Schedule to the Constitution.Section 7 · Saving powers of the Government of Union territory of Jammu and Kashmir.Section 8 · Amendment of Fourth Schedule to Constitution.India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.