📜 Article 164 of the Indian Constitution
Title: Other provisions as to Ministers
🔹 Full Summary of Article 164:
Article 164 lays down the rules for the appointment, tenure, responsibilities, and composition of the Council of Ministers in the states.
🧾 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | The Chief Minister is appointed by the Governor. Other ministers are appointed by the Governor on the advice of the Chief Minister. Ministers hold office during the pleasure of the Governor. |
| (1A) | The total number of ministers, including the Chief Minister, shall not exceed 15% of the total members of the Legislative Assembly of that state. (Added by 91st Amendment Act, 2003) |
| (1B) | A person who is disqualified under the Tenth Schedule (anti-defection law) cannot be appointed as a minister. (Also added by 91st Amendment) |
| (2) | The Council of Ministers is collectively responsible to the Legislative Assembly of the state. |
| (3) | The Governor shall administer the oaths of office and secrecy to ministers, using the form given in Third Schedule. |
| (4) | A minister who is not a member of the state legislature at the time of appointment must get elected within 6 months, or they shall cease to be a minister. |
| (5) | The salaries and allowances of Ministers are decided by the state legislature. |
🧠Key Takeaways:
-
The Governor appoints ministers but acts on the advice of the Chief Minister.
-
Council of Ministers is collectively responsible to the elected Legislative Assembly.
-
Ministers must become MLAs/MLCs within 6 months of appointment.
-
The 15% cap helps prevent oversized ministries (91st Constitutional Amendment).
-
Ensures checks and balances between executive and legislative branches at the state level.
⚖️ Related Articles:
| Article | Description |
|---|---|
| 163 | Council of Ministers to aid and advise Governor |
| 164 | Other provisions as to Ministers |
| 166 | Conduct of Business of the State Government |
Here is a comparison chart between the Council of Ministers at the Union level (Article 74) and the State level (Article 164), which will help you understand both clearly:
🧾 Comparison: Article 74 vs Article 164
🟦 Union vs State Council of Ministers
| Aspect | Union (Article 74) | State (Article 164) |
|---|---|---|
| Head of the Council | Prime Minister | Chief Minister |
| Appointing Authority | President of India | Governor of the State |
| Appointment Process | PM appointed by President; other ministers on PM’s advice | CM appointed by Governor; others on CM’s advice |
| Tenure | Ministers hold office during the pleasure of the President | Ministers hold office during the pleasure of the Governor |
| Collective Responsibility | To the Lok Sabha | To the State Legislative Assembly |
| Disqualification under 10th Schedule | Disqualified MPs cannot be ministers | Disqualified MLAs cannot be ministers |
| Maximum Limit on Ministers | 15% of Lok Sabha members (91st Amendment, 2003) | 15% of Legislative Assembly members (91st Amendment, 2003) |
| Oath Administered By | President | Governor |
| Must be Member of Legislature? | Must become MP within 6 months if not one at appointment | Must become MLA/MLC within 6 months |
| Salaries and Allowances | As determined by Parliament | As determined by State Legislature |
📘 Additional Notes:
-
Both levels follow the parliamentary form of government.
-
In both cases, the real executive authority lies with the Council of Ministers, not the President or Governor.
-
Article 74 and 164 ensure that elected governments function with accountability to the legislature.
Follow Us