What is Article 164 of Indian Constitution – Defination & Meaning

Article 164: Other provisions as to Ministers (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the
📅 Part VI – The States
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Article Number

164

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Part VI – The States

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Article 164: Other provisions as to Ministers

  • (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.
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Full Definition & Explanation

Article 164 of the Indian Constitution outlines the framework for the appointment and responsibilities of Ministers in a State. The Chief Minister is appointed by the Governor, while other Ministers are appointed on the Chief Minister’s advice. This means that the Chief Minister plays a key role in shaping the state government. The Ministers serve at the Governor’s pleasure, which means the Governor can remove them if necessary. However, this power is usually exercised based on the Chief Minister’s recommendation. This creates a balance of power between the Chief Minister and the Governor, ensuring that the elected government can function effectively. The article also sets limits on the number of Ministers in a State. The total number of Ministers, including the Chief Minister, cannot exceed fifteen percent of the Legislative Assembly’s total members. Additionally, there must be at least twelve Ministers, ensuring that even smaller states have a functional government. This provision helps maintain a manageable size for the council of Ministers and promotes effective governance. By limiting the number of Ministers, the article encourages efficiency in the administration and decision-making processes. Another key aspect of Article 164 is the accountability of Ministers to the Legislative Assembly. The Council of Ministers must work together and answer to the Assembly, ensuring they remain responsive to the elected representatives of the people. This collective responsibility strengthens democracy at the state level. Ministers must also take an oath before starting their duties, affirming their commitment to the Constitution. If a Minister is not a member of the Legislature for six consecutive months, they lose their position. This helps keep the government connected to the legislature, ensuring that elected representatives are always part of the decision-making process.

Historical Context

Article 164 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, members discussed the need for a clear structure in appointing State Ministers to ensure accountability and representation. The article was amended through the 91st Amendment Act in 2003, which set the maximum number of Ministers in a State to prevent large cabinets. This amendment aimed to promote efficiency in governance, ensuring that the Council of Ministers remained manageable and effective. The Supreme Court has also ruled on related matters, emphasizing the need for clear accountability in the appointment processes of Ministers, reinforcing the democratic fabric of the nation.

Key Features

– The Chief Minister is appointed by the Governor of the State.
– Other Ministers are appointed on the Chief Minister’s advice.
– The total number of Ministers cannot exceed fifteen percent of the Assembly.
– There must be at least twelve Ministers in a State.
– Ministers must take an oath before assuming office.

Importance & Impact

– The article ensures a structured approach to appointing Ministers in States.
– It sets a limit on the number of Ministers for better governance.
– Ministers are accountable to the Legislative Assembly for their actions.
– It requires Ministers to be elected representatives, enhancing democratic representation.
– The oath of office reinforces the commitment to the Constitution.

Sample UPSC Question

Which of the following statements about Article 164 is correct? A) The Chief Minister can be appointed by the President of India. B) Ministers are appointed by the Governor on the advice of the Chief Minister. C) There is no limit on the number of Ministers in a State government. D) Ministers are not accountable to the Legislative Assembly of the State. Choose the correct option and explain your reasoning.

Answer

The correct answer is B. Article 164 clearly states that Ministers, including the Chief Minister, are appointed by the Governor based on the Chief Minister’s advice. Option A is incorrect, as the President appoints Chief Ministers in Union Territories, not States. Option C is also wrong; there is a clear limit of fifteen percent on Minister numbers. Option D is false since Ministers must answer to the Legislative Assembly, ensuring accountability.

Key Takeaways

✓ The Chief Minister is appointed by the Governor.
✓ Ministers serve at the pleasure of the Governor.
✓ There is a limit on the number of Ministers.
✓ Ministers must be accountable to the Legislative Assembly.
✓ An oath of office is required before assuming duties.

FAQs

The Governor appoints the Chief Minister of a State based on the majority party or coalition in the Legislative Assembly. This process reflects democratic principles and ensures that the government has the confidence of the elected representatives. In cases of a hung assembly, the Governor has the discretion to appoint a Chief Minister who can prove a majority.

If a Minister does not remain a member of the Legislature for six consecutive months, they automatically cease to be a Minister. This rule ensures that all members of the Cabinet are accountable to the people through their elected positions. It maintains a direct connection between the government and the electorate, reinforcing the importance of representation.

A State can have a maximum of fifteen percent of its Legislative Assembly members as Ministers. Additionally, each State must have at least twelve Ministers regardless of its Assembly size. This provision is designed to ensure that even smaller states have sufficient representation in the Council of Ministers while maintaining effective governance.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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