Part VI: The States

Article 164: Other provisions as to Ministers

Original Article:

(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 percent of the total number of members of the Legislative Assembly of that State:

Provided further 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 exceeds the said fifteen percent, it shall be brought into conformity within six months as notified by the President.

(1B) A member of the Legislative Assembly or Legislative Council disqualified under the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for the period of disqualification.

(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 determine by law and, until the Legislature so determines, shall be as specified in the Second Schedule.

Explanations:

Article 164 defines the structure, appointment, and responsibilities of Ministers in state governments. It emphasizes collective responsibility and provisions for tribal welfare representation.

Clause-by-Clause Explanation:

Clause (1): Appointment of Ministers

The Chief Minister is appointed by the Governor, and other Ministers are appointed on the Chief Minister's advice. The clause ensures accountability and stability within the state government.

The provision for a tribal welfare Minister in certain states underscores inclusivity and representation for marginalized communities.

Clause (1A): Limitation on Number of Ministers

Introduced by the Ninety-first Amendment, this clause limits the size of the Council of Ministers to maintain administrative efficiency and reduce government expenditure.

The clause ensures that the number of Ministers is proportionate to the size of the Legislative Assembly, with a minimum threshold of twelve Ministers.

Clause (1B): Disqualification of Ministers

Ministers disqualified under the Tenth Schedule are prohibited from holding ministerial positions during the period of disqualification, ensuring integrity and adherence to anti-defection laws.

Clause (2): Collective Responsibility

This clause mandates that the Council of Ministers is collectively responsible to the Legislative Assembly, ensuring that decisions reflect the confidence of the elected representatives.

Clause (3): Oaths of Office and Secrecy

Ministers must take an oath of office and secrecy administered by the Governor, affirming their commitment to constitutional principles and governance responsibilities.

Clause (4): Six-Month Membership Rule

Non-legislator Ministers must become members of the State Legislature within six months of appointment, maintaining democratic legitimacy.

Clause (5): Salaries and Allowances

The salaries and allowances of Ministers are determined by the State Legislature, reflecting the democratic principle of financial accountability.

Real-Life Examples:

• Ninety-first Amendment Implementation: In 2004, states like Uttar Pradesh and Bihar had to reduce the size of their ministries significantly to comply with the fifteen percent limit introduced by the Ninety-first Amendment. This reform was aimed at curbing unnecessary expenditures and ensuring administrative efficiency.
• Anti-Defection Law Enforcement: In Karnataka, members disqualified under the Tenth Schedule were barred from holding ministerial positions, showcasing the significance of Clause (1B) in promoting ethical governance.
• Tribal Welfare Representation: The state of Odisha has consistently appointed Ministers for tribal welfare, reflecting the commitment to inclusivity and addressing the needs of marginalized communities as per the provisions of Article 164.

Legislative History:

Initially drafted as Article 144 in the Draft Constitution, Article 164 has evolved through amendments like the Ninety-first Amendment, addressing concerns of oversized ministries and anti-defection provisions.

Debates and Deliberations:

• Dr. B. R. Ambedkar emphasized the need for collective responsibility in state governance.
• Prof. Shibban Lal Saksena proposed limiting ministerial appointments to elected Legislative Assembly members.
• Shri T. T. Krishnamachari supported provisions for tribal welfare representation in certain states.

References:

• D. D. Basu, "Introduction to the Constitution of India" - Detailed commentary on Article 164.
• Constituent Assembly Debates, Volume VIII - Key discussions on ministerial roles and responsibilities.
• Case Study: Ninety-first Amendment Implementation - Limiting the size of ministries in states like Uttar Pradesh and Bihar.