Article 164 forms a cornerstone of the parliamentary system of government at the state level in India, outlining the key provisions related to the State Council of Ministers headed by the Chief Minister. It lays down the procedure for their appointment, their relationship with the Governor and the Legislative Assembly, their terms of office, and other essential conditions necessary for the functioning of the state executive.
This article is crucial for understanding the composition and fundamental operational principles of the state government’s executive arm, mirroring in many ways the provisions concerning the Union Council of Ministers under Article 75. It establishes the principle of collective responsibility of the executive to the popularly elected legislative body, a hallmark of the parliamentary democratic structure adopted by India.
Original Text
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.
(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.
Detailed Explanation
Article 164 provides the framework for the formation and functioning of the Council of Ministers in a State, which aids and advises the Governor in the exercise of his functions.
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Clause (1): Appointment and Tenure
- This clause vests the power to appoint the Chief Minister in the Governor. Conventionally, the Governor appoints the leader of the party or coalition that commands a majority in the State Legislative Assembly as the Chief Minister.
- The other Ministers are appointed by the Governor strictly on the advice of the Chief Minister. The Chief Minister determines the size and composition of the Council of Ministers and allocates portfolios.
- Ministers are stated to hold office “during the pleasure of the Governor”. However, this pleasure is not absolute or discretionary. It is subject to the principle of collective responsibility to the Legislative Assembly (as stated in clause 2). The Governor’s pleasure is usually exercised on the advice of the Chief Minister, particularly in asking a minister to resign or dismissing a minister. The Governor can dismiss a Chief Minister only when the Ministry has lost the confidence of the Legislative Assembly but refuses to resign.
- The Proviso clause mandates the appointment of a dedicated Minister for Tribal Welfare in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha. This Minister can also be entrusted with the welfare of Scheduled Castes, Backward Classes, or other work. This provision underscores the special constitutional concern for the welfare of tribal populations in these specific states with significant tribal populations. This proviso was updated by the 94th Amendment Act, 2006, removing Bihar and adding Chhattisgarh and Jharkhand.
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Clause (2): Collective Responsibility
- This is a fundamental principle of the parliamentary system. It states that the Council of Ministers is collectively responsible to the State Legislative Assembly.
- This means that the entire Council of Ministers stands or falls together. A vote of no-confidence passed against any single minister or the entire council in the Legislative Assembly requires the resignation of the entire ministry, including the Chief Minister.
- It implies that ministers publicly support government decisions, even if they disagreed in cabinet meetings. They sink or swim together.
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Clause (3): Oaths
- Before assuming office, every Minister is required to take two oaths administered by the Governor: the oath of office and the oath of secrecy.
- The forms for these oaths are prescribed in the Third Schedule of the Constitution. The oath of office requires the minister to bear true faith and allegiance to the Constitution, uphold the sovereignty and integrity of India, faithfully and conscientiously discharge duties, and do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will. The oath of secrecy requires the minister not to directly or indirectly communicate or reveal to any person any matter which shall be brought under consideration or shall become known to him as a Minister for the State, except as may be required for the due discharge of his duties as such Minister.
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Clause (4): Membership of Legislature
- This clause mandates that a person appointed as a Minister must be a member of the State Legislature (either the Legislative Assembly or the Legislative Council, if the state has one) within six consecutive months from the date of their appointment.
- If a non-legislator minister fails to get elected to the legislature within this six-month period, they cease to be a Minister at the expiration of that period. This provision ensures that the executive is accountable to the legislature.
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Clause (5): Salaries and Allowances
- The salaries and allowances of the Chief Minister and other Ministers are determined by the State Legislature through law.
- Until the State Legislature makes such a law, their salaries and allowances are as specified in the Second Schedule of the Constitution.
Detailed Notes
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Clause (1):
- Chief Minister (CM) appointed by Governor.
- Other Ministers appointed by Governor on CM’s advice.
- Ministers hold office during the pleasure of the Governor (subject to Clause 2).
- Proviso: Mandatory Tribal Welfare Minister in Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha. Can also handle SC/Backward Classes/other work.
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Clause (2):
- Council of Ministers is collectively responsible to the State Legislative Assembly.
- This is the bedrock of parliamentary government at the state level.
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Clause (3):
- Governor administers oaths of office and secrecy to Ministers before they enter office.
- Forms of oaths are in the Third Schedule.
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Clause (4):
- A Minister must be a member of the State Legislature within six months of appointment.
- Failure to become a member within six months results in ceasing to be a Minister.
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Clause (5):
- Salaries and allowances of Ministers determined by State Legislature law.
- Until determined by law, they are as per the Second Schedule.
Additional Comments
- The ‘pleasure of the Governor’ under Article 164(1) is not a personal discretion but is linked to the confidence of the Legislative Assembly, as stipulated by Article 164(2). If the Council of Ministers enjoys the confidence of the Assembly, the Governor cannot dismiss the Ministry or individual ministers against the Chief Minister’s advice, except in very specific circumstances related to constitutional breakdown (under Article 356, though the power is generally exercised by the Union government) or potentially in a situation where the CM has lost the confidence of the House but refuses to resign.
- The advice of the Chief Minister under Article 164(1) regarding the appointment and dismissal of other ministers is binding on the Governor, provided the Chief Minister and the Council of Ministers command the confidence of the Legislative Assembly.
- The mandatory appointment of a Tribal Welfare Minister in specific states reflects the Constitution’s commitment to addressing the unique needs and welfare of vulnerable tribal communities. The list of states was revised by the 94th Constitutional Amendment Act, 2006, replacing Bihar with Chhattisgarh and Jharkhand.
- Article 164(4) prevents a government from being run indefinitely by ministers who are not democratically elected members of the legislature, reinforcing the principle of legislative accountability.
Summary
Article 164 outlines key provisions regarding the Council of Ministers in the States. The Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the Chief Minister’s advice, holding office during the Governor’s pleasure, which is subject to the collective responsibility principle. The Council of Ministers is collectively responsible to the State Legislative Assembly. Ministers must take oaths of office and secrecy administered by the Governor according to the Third Schedule. A person appointed as a Minister must become a member of the State Legislature within six months or cease to be a Minister. The salaries and allowances of ministers are determined by the state legislature. Notably, the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha are required to have a dedicated Minister in charge of tribal welfare.