Actual Article
Article 164: Other provisions as to Ministers
- 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.
- The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
- Before a Minister enters upon his duties, the Governor shall administer to him the oath of office and of secrecy according to the form set out for the purpose in the Third Schedule.
- 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.
- 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.
UPSC Notes for Article 164
Explanation:
- Appointment and Tenure of Ministers:
- The Chief Minister is appointed directly by the Governor, and the other Ministers are appointed on the advice of the Chief Minister. The Ministers, including the Chief Minister, hold office at the pleasure of the Governor, indicating that their tenure is not fixed but subject to the Governor’s discretion.
- Collective Responsibility:
- The Council of Ministers is collectively responsible to the Legislative Assembly of the State. This means that the entire Council must enjoy the confidence of the majority of the Assembly to remain in power.
- Oath of Office:
- Ministers are required to take an oath of office and secrecy, administered by the Governor, before they begin their duties. This oath is a formal commitment to their responsibilities and to maintaining confidentiality where required.
- Membership in the Legislature:
- A Minister must be a member of the state legislature. If a person appointed as a Minister is not a member, they must secure a seat within six months to retain their position.
- Salaries and Allowances:
- The salaries and allowances of Ministers are determined by the state legislature, or as specified in the Second Schedule until such determination is made.
Important Cases and Commissions Related to Article 164
Cases:
- B.R. Kapur vs. State of Tamil Nadu (2001): This landmark judgment invalidated the appointment of a Chief Minister who was not a member of the legislature at the time of appointment and was barred from contesting elections.
Commissions:
- Sarkaria Commission: Recommended guidelines for the appointment of Chief Ministers to ensure that only those with the support of the majority in the Assembly are appointed, reflecting the spirit of collective responsibility as enshrined in Article 164.
- Punchhi Commission: Emphasized on clearer norms for the roles and responsibilities of Ministers, along with their relationship with the Governor.
Previous Year Prelims Questions Related to Article 164
- (UPSC Prelims 2016) Who appoints the Chief Minister of a State?
- A. The President
- B. The Prime Minister
- C. The Governor
- D. The Speaker of the Legislative Assembly Correct Answer: C. The Governor
- (UPSC Prelims 2018) The Council of Ministers in a State is collectively responsible to:
- A. The Governor
- B. The Legislative Council
- C. The Legislative Assembly
- D. The Chief Minister Correct Answer: C. The Legislative Assembly
Previous Year Mains Questions Related to Article 164
- Mains 2016: “Discuss the significance of collective responsibility of the Council of Ministers to the Legislative Assembly as outlined in Article 164.”
- Mains 2019: “Analyze the provisions of Article 164 regarding the appointment and responsibilities of Ministers. How do these provisions ensure effective governance?”
Additional Insights:
- Governance Framework: Article 164 lays the foundational framework for the governance of States, emphasizing the accountability mechanisms that bind the executive to the legislature.
- Balancing Authority: The article balances the authority of the Governor with the democratic mandate of the Legislative Assembly, ensuring a system of checks and balances within the state government.
Understanding Article 164 is crucial for UPSC aspirants as it details the conditions and rules governing the appointment and responsibilities of Ministers in the state governments, reinforcing the principles of democratic accountability and good governance. This knowledge is essential for both preliminary and main examinations, offering insights into the governance structure at the state level in India.