Article 164

Article 164 of the Indian Constitution: Other Provisions as to Ministers
Article 164 of the Constitution of India lays down the provisions regarding the appointment, tenure, responsibility, and conditions of office of Ministers in the State government. It elaborates on the functioning of the Council of Ministers, the role of the Chief Minister, and the relationship between the Governor and the Council of Ministers.
This Article ensures that the executive branch of the State operates within a democratic and constitutional framework, guided by the principle of collective responsibility to the Legislative Assembly.

Constitutional Text

Article 164 states:

(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.
(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, who is disqualified on the ground of defection 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 disqualification till the date on which the term of his office as such member would expire or till the date on which he contests fresh election, 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 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.

Key Provisions of Article 164

1. Appointment of the Chief Minister and Other Ministers (Clause 1)

• The Chief Minister is appointed by the Governor.
• The Governor appoints other Ministers on the advice of the Chief Minister.
• All Ministers hold office during the pleasure of the Governor, meaning that they can be removed by the Governor on the advice of the Chief Minister.

This clause ensures that the real executive power rests with the elected Council of Ministers, while the Governor acts as a nominal executive head.
Special Provision:In the States of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, there must be a Minister for Tribal Welfare, reflecting India’s commitment to the welfare of Scheduled Tribes and other backward communities.

2. Limitation on the Size of the Council of Ministers (Clause 1A)

Introduced by the Constitution (Ninety-first Amendment) Act, 2003, this provision restricts the size of the Council of Ministers:

• The total number of Ministers, including the Chief Minister, must not exceed 15% of the total membership of the State Legislative Assembly.
• However, every State must have at least 12 Ministers, including the Chief Minister.

Purpose:This amendment was enacted to prevent ministerial inflation and political patronage, ensuring fiscal discipline and administrative efficiency.

3. Disqualification Due to Defection (Clause 1B)

• A member of the State Legislature disqualified under the Tenth Schedule (anti-defection law) cannot be appointed as a Minister.
• The disqualification continues for the remainder of the term or until the person is re-elected.

This clause strengthens the anti-defection framework to prevent political instability and unethical practices like frequent floor-crossing for ministerial positions.

4. Collective Responsibility to the Legislative Assembly (Clause 2)

The Council of Ministers is collectively responsible to the Legislative Assembly of the State.

• This means that the Council, as a whole, must retain the confidence of the majority in the Assembly to remain in office.
• If the Assembly passes a vote of no-confidence, all Ministers, including the Chief Minister, must resign.

This provision reinforces the parliamentary system of government, ensuring accountability of the executive to the legislature and, ultimately, to the people.

5. Oath of Office and Secrecy (Clause 3)

• Before assuming office, every Minister must take an oath of office and secrecy administered by the Governor, as prescribed in the Third Schedule.
• The oath includes pledges:
  • To bear true faith and allegiance to the Constitution.
  • To uphold the sovereignty and integrity of India.
  • To faithfully discharge the duties of the office.
  • To maintain secrecy about matters of governance.

This provision highlights the ethical and constitutional commitment of Ministers in the discharge of their duties.

6. Membership Requirement (Clause 4)

• A Minister must be a member of the State Legislature (either the Legislative Assembly or Legislative Council, where applicable).
• A non-legislator can be appointed as a Minister, but they must secure election or nomination to the legislature within six months.
• Failing to do so results in automatic cessation from office.

This ensures that Ministers remain accountable to the legislature, a fundamental feature of parliamentary democracy.

7. Salaries and Allowances (Clause 5)

• The State Legislature determines the salaries and allowances of Ministers.
• Until the legislature makes such a law, these are governed by the Second Schedule of the Constitution.

This provision maintains legislative control over the remuneration of public officials, reinforcing financial accountability.

Judicial Interpretation and Case Laws

1. Shivajirao v. State of Maharashtra (1970):
   • The Court clarified that the Governor’s power to appoint Ministers under Article 164(1) is not discretionary but must follow the advice of the Chief Minister.
2. Shamsher Singh v. State of Punjab (1974):
   • The Supreme Court reaffirmed that the Governor acts as a constitutional head and exercises executive powers only on the aid and advice of the Council of Ministers.
3. Rameshwar Prasad v. Union of India (2006):
   • The Court discussed ministerial disqualification under the Tenth Schedule, holding that those disqualified for defection cannot hold ministerial office during their disqualification period.
4. K. S. Puttaswamy v. Union of India (2017):
   • While addressing broader issues of executive accountability, the Court reiterated the principle of collective responsibility, ensuring that Ministers act as a unified entity answerable to the legislature.

Important Amendment

The Constitution (Ninety-first Amendment) Act, 2003:

• Introduced Clauses (1A) and (1B) to prevent excessive appointments to ministerial positions.
• Strengthened the anti-defection provisions by restricting the appointment of disqualified members.
• Reinforced administrative efficiency and the principle of accountability.

Related Constitutional Articles

• Article 153: Provides for the Governor in each State.
• Article 163: Establishes the Council of Ministers to aid and advise the Governor.
• Article 166: Deals with the conduct of business of the State government.
• Tenth Schedule: Contains anti-defection provisions.
• Third Schedule: Provides the forms of oath or affirmation for Ministers.

Together, these provisions create a comprehensive structure for the executive machinery of the State government.

Significance of Article 164

1. Democratic Accountability:
   • Ensures that the State executive remains accountable to the elected legislature.
2. Collective Responsibility:
   • Strengthens the parliamentary system by making the Council of Ministers collectively responsible to the Legislative Assembly.
3. Stability and Efficiency:
   • The cap on the size of the Council prevents misuse of ministerial appointments for political gain.
4. Upholding Federalism:
   • Reinforces the constitutional relationship between the Governor (nominal head) and the Council of Ministers (real executive).
5. Ethical Governance:
   • The requirement for oath-taking and the prohibition on defection promote transparency, integrity, and loyalty to the Constitution.

Practical Implications

• Governor’s Role: The Governor’s discretion is minimal; appointment and removal of Ministers are guided by the Chief Minister’s advice.
• Collective Decision-Making: Ministers act as a collective body in policy formulation and implementation.
• Political Dynamics: The size restriction and anti-defection provisions curb political instability and the misuse of power.
• Ethical Conduct: The oath of secrecy and the requirement of legislative membership uphold democratic ethics and accountability.