Part VI - The States • Article

Article 164 Simplified: Other provisions as to Ministers

Article 164 defines the engine of a State. It says the Governor appoints the leader of the winning party as the Chief Minister. The CM then picks their team of ministers. Most importantly, it says the government must have the support of the majority of MLAs in the Assembly to stay in power.

Official Text

(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the States of [Chhattisgarh, Jharkhand], Madhya Pradesh and [Odisha] there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work. [(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve: Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint. (1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.] (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. (5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.

Simple Meaning

Explain Like Ten

This article explains the rules for state ministers: the Governor appoints them on the CM's suggestion, the cabinet can't exceed 15% of the total MLAs, they must be elected to the legislature within 6 months, and they are collectively responsible to the Assembly.

Student Mode

Provides key rules regarding ministers: (1) The CM is appointed by the Governor, and other ministers are appointed by the Governor on the CM's advice; they hold office during the pleasure of the Governor. (2) Tribal Welfare Ministers must be appointed in Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha. (3) The 91st Amendment (2003) added Clause (1A) limiting the cabinet size to 15% of the Assembly's total strength (minimum 12 ministers). (4) Clause (1B) disqualifies defected members under the Tenth Schedule from being ministers. (5) Clause (2) establishes collective responsibility to the Legislative Assembly, and Clause (4) requires a minister to become a member of the State Legislature within 6 months of appointment.

Example

After a state election, the Governor calls the leader of the party with the most seats and appoints them as CM as per Article 164.

Key Takeaway

Article 164 is the rule that creates the State Government leadership.

FAQs

Who appoints the Chief Minister?

The Governor of the state.

Are ministers responsible to the people?

Yes, they must answer to the State Legislative Assembly (Vidhan Sabha).

What is the 6-month rule under Article 164(4)?

A person who is not a member of either house of the state legislature can be appointed as a minister or Chief Minister, but they must secure membership in either the Legislative Assembly or Legislative Council within six consecutive months, otherwise they cease to be a minister.

What does 'collective responsibility' mean under Article 164(2)?

It means that the Council of Ministers is jointly responsible to the Legislative Assembly. If a no-confidence motion is passed against the government, the entire cabinet must resign together, reflecting the principle of 'swim or sink together'.

Which states must have a Minister in charge of Tribal Welfare under Article 164?

Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha. Bihar was originally included but was removed by the 94th Amendment (2006) as its tribal population decreased after Jharkhand's creation.

Quiz

CM is appointed by:

Answer: Governor

What is the maximum limit on the total number of ministers (including the CM) in a State Council of Ministers under Article 164(1A)?

Answer: 15% of the Legislative Assembly strength

Which amendment introduced the cabinet size limit of 15% and the defection disqualification in Article 164?

Answer: 91st Amendment, 2003

If a non-legislator is appointed a state minister, within what timeframe must they get elected to the state legislature?

Answer: 6 months