Article 164

Other Provisions as to Ministers

Official heading: “Other provisions as to Ministers.”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 164, printed pages 72–74
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 164 governs the appointment, tenure, collective responsibility, ministry size limits, qualifications, and salaries of the Chief Minister and State Ministers.

2. What It Means in Everyday Language

Article 164 provides the operational rules for State Ministries. Clause (1) states that the Chief Minister is appointed by the Governor, and other Ministers are appointed by the Governor on the advice of the Chief Minister, holding office during the pleasure of the Governor.

Proviso for Tribal Welfare: The proviso to Clause (1) historically mandates a Minister in charge of tribal welfare in specified States (currently Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha).

Ninety-first Amendment (2003) Ministry Cap: Clause (1A) imposes a strict constitutional ceiling: the total number of Ministers, including the Chief Minister, shall not exceed 15% of the total strength of the Legislative Assembly, while ensuring a minimum floor of 12 Ministers.

Collective Responsibility & Six-Month Rule: Clause (2) establishes collective responsibility to the Legislative Assembly, embodying the core of parliamentary accountability. Clause (4) requires any non-legislator appointed Minister to get elected to the State Legislature within six consecutive months or forfeit office.

3. Practical Illustrative Example

Everyday Scenario:

A prominent policy expert who is not an MLA or MLC is appointed Finance Minister in a newly formed State cabinet.

Core takeaway: Under Article 164(4), the appointment is valid initially, but the expert must win an election to the State Legislature within six consecutive months to retain office.

Illustrative Notice: The 15% ceiling under Clause (1A) strictly prevents jumbo cabinets; an appointment exceeding the cap is unconstitutional.

4. Important Limits, Qualifications & Exceptions

Article 164 defines the structural principles of State cabinet government.

Chief Minister pre-eminence: Governor appoints Ministers strictly on the Chief Minister's advice.
Collective responsibility: Cabinet stands or falls together before the Legislative Assembly.
Cabinet size limit: 15% maximum ceiling and 12-minister minimum under Clause (1A).
Six-month qualification window: Non-members must secure legislative seats within six months.
Disqualification for defection: Clause (1B) debars disqualified defectors from becoming Ministers until re-elected.

5. Operative Constitutional 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 w elfare 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 date4 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 commencin g 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 Coun cil, 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 u pon 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 164, printed pages 72–74 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource