Article 164 of the Costitution of India with Case law
🔷 Article 164 of the Constitution of India – Other Provisions as to Ministers
🔹 Text of Article 164:
Article 164(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.
Article 164(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. (Inserted by the 91st Constitutional Amendment Act, 2003)
Article 164(1B):
A member of the Legislature who is disqualified under the Tenth Schedule (anti-defection law) shall also be disqualified from being appointed as a minister for a period of six years. (Also inserted by the 91st Amendment)
Article 164(2):
The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
Article 164(3):
Before a Minister enters upon his office, the Governor shall administer the oath of office and secrecy.
Article 164(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.
Article 164(5):
Special provision: In the States of Bihar, Madhya Pradesh, and Odisha, there shall be a Minister in charge of tribal welfare.
🔹 Key Highlights:
| Clause | Provision |
|---|---|
| 164(1) | Governor appoints CM; other ministers appointed on CM's advice |
| 164(1A) | Limit on size of Council of Ministers (max 15% of Assembly) |
| 164(1B) | Disqualified MLAs (under 10th Schedule) cannot become ministers for 6 years |
| 164(2) | Collective responsibility to the Assembly |
| 164(3) | Oath administered by Governor |
| 164(4) | Minister must become MLA within 6 months |
| 164(5) | Tribal welfare minister required in some states |
🔹 Important Case Laws on Article 164:
✅ S.R. Chaudhuri v. State of Punjab (2001) 7 SCC 126
Issue: A non-legislator was made a minister but didn’t get elected within 6 months.
Held: A non-legislator can be appointed as a minister but must be elected within 6 months under Article 164(4).
Observation: Repeated appointments of unelected persons violate the spirit of democracy.
✅ Har Sharan Verma v. Tribhuvan Narain Singh (1971) 1 SCC 616
Context: A person who was not a member of the legislature was made Chief Minister.
Held: Valid under Article 164(4), provided he gets elected within 6 months.
Significance: Clarified that even Chief Ministers can be non-legislators at the time of appointment.
✅ B.R. Kapur v. State of Tamil Nadu (2001) 7 SCC 231
Issue: Jayalalitha was appointed CM despite being disqualified under law.
Held: A person disqualified from contesting elections under Representation of People Act cannot be appointed as CM.
Relevance: Appointment must satisfy eligibility criteria, not just procedural ones under Article 164.
✅ Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Issue: Abuse of Article 164(1) "pleasure of Governor" clause.
Held: The Governor’s power to dismiss a minister must be used constitutionally, not arbitrarily.
✅ Nabam Rebia v. Deputy Speaker (2016) 8 SCC 1
Issue: Governor dismissed a ministry without floor test.
Held: The Governor cannot act arbitrarily in removing ministers; majority must be tested in Assembly.
🔹 91st Constitutional Amendment, 2003 – Article 164(1A) & (1B):
| Clause | Purpose |
|---|---|
| 164(1A) | Limits size of Council of Ministers to 15% of Assembly strength |
| 164(1B) | Prevents disqualified (under anti-defection) MLAs from being ministers for 6 years |
🔹 Summary:
| Aspect | Provision |
|---|---|
| CM Appointment | By Governor |
| Minister Appointment | On advice of CM |
| Term limit for unelected ministers | 6 months (164(4)) |
| Ministerial Disqualification (anti-defection) | 6 years (164(1B)) |
| Size cap | 15% of Assembly strength (164(1A)) |
| Responsibility | Collective to the Assembly (164(2)) |
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