THE PLAIN-LANGUAGE GUIDE
What does this mean?
The Governor appoints the Chief Minister and other ministers on the Chief Minister's advice; the Council is collectively responsible to the Assembly. The Article also regulates ministry size, oaths, membership and specified tribal-welfare arrangements.
State Governors, ministers, legislatures, High Courts and the subordinate judiciary.
IN EVERYDAY LIFE · ILLUSTRATIVE EXAMPLEAn Assembly election result, appointment of ministers and collective responsibility are connected stages, not one event.
PURPOSE & CONTEXTWhy is this provision here?
Collective responsibility makes the State ministry answerable to the elected Assembly, alongside the appointment and office conditions.
Historical evidenceThis Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason. The later amendment records linked below document changes affecting this Article; their Bill statements explain those proposals, not necessarily every original clause or the complete present legal outcome.
The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.
Limits, exceptions & reading carefully
Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.
Read the official constitutional text
164. Other provisions as to Ministers.—(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 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.
(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.]
(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 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.
The Advocate-General for the State
Source-page notes · may concern neighbouring Articles
1. Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for "Bihar"
(w.e.f. 12-6-2006).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 4, for "Orissa"
(w.e.f. 1-11-2011).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004).
4. 7-1-2004, vide notification number S.O. 21(E), dated 7-1-2004.
Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.
