Article 164 (Other provisions as to Ministers): Governs the State Executive (Governor, Chief Minister, State Cabinet & Advocate-General) under Part VI.
In Simple Citizen Words
Article 164 ('Other provisions as to Ministers') in Part VI, Chapter II regulates the executive government of the States. It defines the office, appointment, tenure, and powers of the Governor, the aid and advice of the State Council of Ministers headed by the Chief Minister, the Advocate-General for the State, and the conduct of state government business. Specifically: (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: ...
Key Constitutional Provisions
Constitutional Mandate (Art. 164): Directly codifies the legal rule for 'Other provisions as to Ministers' under Part VI
Structured across 6 clause(s) with explicit constitutional provisos/safeguards
Exercises of constitutional office under this article must follow aid, advice, and established constitutional conventions
Exceptions & Reasonable Restrictions
Under Article 163 and Article 164(2), the Governor acts as a constitutional head on the aid and advice of the Council of Ministers collectively responsible to the State Legislative Assembly (Shamsher Singh & Nabam Rebia rulings).
Why This Matters in Daily Life
Ensures that state administration—controlling local police, health, land, and state welfare—remains accountable to voters through the elected State Assembly.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:
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Dr. B. R. Ambedkar & Pandit Jawaharlal Nehru
Drafting Chairman & Prime Minister • May 30 – June 2, 1949
🏛️ Constituent Assembly Debates (1946–1949)
Core Constitutional Debate & Dilemma
Framing context for Article 164: Whether State Governors should be directly elected or appointed as constitutional heads so that real executive power remains with the elected Chief Minister and State Cabinet.
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"The Governor under the Constitution has no functions which he can discharge by himself; no functions at all. While he has no functions, he has certain duties to perform as the constitutional head of the State."
Assembly Resolution & Final Synthesis
Constitutional resolution in Article 164: Enacted Articles 152–167 establishing parliamentary democracy in the States with the Chief Minister and Council of Ministers collectively responsible to the Vidhan Sabha.
🏛️ Constitutional Significance:
During the Constituent Assembly deliberations, Article 164 was codified as an integral pillar of India's constitutional governance.
Official Constitutional Text (Gazette Bare Act)
Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown
India Code • Govt. of India Archive
Clause (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 1 [Chhattisgarh, Jharkhand], Madhya Pradesh and Orissa, 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.
Clause (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 date as the President may by public notification appoint.
Clause (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 commencing 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 Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
Clause (2)
The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
Clause (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.
Clause (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.
Clause (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.
Public Domain & Statutory Authenticity Notice
Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.
Then vs Now: Constitutional Evolution & Visual Diff
Other provisions as to Ministers
🟡 Textually Amended Since 1950
Baseline: Jan 26, 1950 → Today
ORIGINAL BASELINE (1950)
Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Other provisions as to Ministers). Subsequently refined through 2 Constitutional Amendment(s) to meet evolving democratic and governance needs.
CURRENT ENFORCEABLE STATUS (TODAY)
Enforceable Today with Amended Clauses: Article 164 (Other provisions as to Ministers): Governs the State Executive (Governor, Chief Minister, State Cabinet & Advocate-General) under Part VI.
Key Amendment Milestones & Textual Modifications
91st Constitutional Amendment Act, 2003 — Capped Number of Ministers at 15% & tightened Anti-Defection Law
Year 2003
Why it happened: Stopped jumbo cabinets by limiting the Council of Ministers to 15% of Lok Sabha/Assembly strength and barred defectors from holding ministerial office.
Amended (75, 164, 10th Schedule): Capped Number of Ministers at 15% & tightened Anti-Defection Law
94th Constitutional Amendment Act, 2006 — Tribal Welfare Minister Mandate Updated After Creation of Jharkhand & Chhattisgarh
Year 2006
Why it happened: Updated Article 164(1) after state reorganization so Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha each have a dedicated Tribal Welfare Minister.
Amended (164): Tribal Welfare Minister Mandate Updated After Creation of Jharkhand & Chhattisgarh
