Article 164 of Indian Constitution
Article 164 of the Indian Constitution
1. Text of Article 164
Article 164 deals with the appointment of Ministers in the State government and their relationship with the Governor and Chief Minister.
Key provisions:
Appointment of Ministers: The Governor appoints the Chief Minister and other Ministers.
Council of Ministers: Ministers hold office during the pleasure of the Governor.
Collective Responsibility: The Council of Ministers is collectively responsible to the Legislative Assembly of the State.
Ministerial Salaries: Salaries and allowances of Ministers are determined by the State Legislature.
Attorney General for the State: The Governor may appoint an Advocate as the Advocate General of the State.
2. Detailed Explanation of Provisions
A. Appointment of Chief Minister and Ministers
The Governor appoints the Chief Minister, usually the leader of the majority party in the State Legislative Assembly.
Other Ministers are appointed by the Governor on the advice of the Chief Minister.
This follows the parliamentary system where the executive is responsible to the legislature.
B. Ministers Hold Office During Pleasure of Governor
The phrase “during the pleasure of the Governor” means the Governor can dismiss Ministers.
However, in practice, this pleasure is exercised based on the advice of the Chief Minister or according to constitutional conventions.
Ministers remain in office as long as they have the confidence of the majority in the State Assembly.
C. Collective Responsibility
The Council of Ministers is collectively responsible to the Legislative Assembly, i.e., if the Assembly passes a vote of no-confidence, the entire Council, including the Chief Minister, must resign.
This ensures accountability of the executive to the legislature.
D. Salaries and Allowances
Salaries, allowances, and pensions of Ministers are determined by the State Legislature.
This prevents arbitrary fixation by the executive.
E. Advocate General of the State
The Governor may appoint an Advocate as the Advocate General of the State who advises the government on legal matters.
3. Significance of Article 164
Establishes the structure of the State Executive based on parliamentary democracy.
Ensures the Governor's role in appointing the Council of Ministers is constitutional but largely ceremonial and guided by democratic norms.
Embeds the principle of collective responsibility at the State level.
Protects the independence and accountability of Ministers by linking their tenure to legislative confidence.
Creates the post of Advocate General, similar to the Attorney General at the Centre.
4. Important Case Law on Article 164
A. S.R. Bommai v. Union of India (1994)
Though this case is mostly about Article 356 (President’s Rule), it dealt extensively with the role of the Governor in appointing and dismissing the Council of Ministers under Article 164.
The Supreme Court held that the Governor must act according to constitutional conventions and not arbitrarily.
The Governor cannot dismiss a Ministry without valid reasons, and dismissal must be based on loss of majority in the Assembly.
This case strengthened the principle of parliamentary democracy and limited the discretionary power of the Governor.
B. Shamsher Singh v. State of Punjab (1974)
The Court held that the expression “during the pleasure of the Governor” does not mean absolute pleasure.
Ministers can only be removed if they cease to enjoy the confidence of the Assembly.
This safeguards Ministers from arbitrary dismissal by the Governor.
C. Ram Dutt v. Union of India (1989)
The Supreme Court held that the Governor’s power to appoint Ministers is not absolute but must follow democratic principles.
The Governor should generally appoint the leader of the majority party or coalition as Chief Minister.
This is a safeguard against arbitrary use of power.
D. M.S. Golcha v. Union of India (1955)
The Court observed that the Governor’s role in appointing Ministers is a constitutional formality.
Real power lies with the elected representatives in the State Assembly.
5. Summary Table
| Provision | Explanation |
|---|---|
| Appointment of CM & Ministers | Governor appoints CM & other Ministers on CM's advice |
| Tenure of Ministers | Hold office during Governor’s pleasure (practically dependent on Assembly confidence) |
| Collective Responsibility | Council of Ministers collectively responsible to State Assembly |
| Salaries & Allowances | Determined by State Legislature |
| Advocate General | Governor may appoint Advocate General for State |
6. Conclusion
Article 164 lays down the foundation of the executive branch at the State level in India’s parliamentary democracy. It balances the formal constitutional role of the Governor with the democratic mandate of the elected legislature and Chief Minister.
The principle of collective responsibility and the requirement that Ministers enjoy the confidence of the Assembly ensure that the State government remains accountable and stable. The case law establishes limits on the Governor’s discretionary powers and protects the democratic process.
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