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Article 164 of Indian Constitution - Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 164 - Other provisions as to Ministers

Part of the Constitutional Article

Part VI

Article 164 of Indian Constitution is an important provision under Part VI. Article 164 outlines the appointment, tenure, responsibilities and duties of Ministers in the state government. It specifies the role of the Governor in the appointment of the Chief Minister and the other Ministers on the recommendation of the Chief Minister. It also highlights the collective responsibility of the Council of Ministers to the Legislative Assembly.

Interpretation of Article 164 of Indian Constitution

According to Article 164 of Indian Constitution the Governor directly appoints the Chief Minister whereas the other Ministers are chosen on the recommendation of the Chief Minister. The tenure of all Ministers including the Chief Minister is at the discretion of the Governor. It means that their office is not permanent and can be culminated by the Governor at any time. 

The entire Council of Ministers is collectively accountable to the State Legislative Assembly which means that they must maintain the majority support to remain in office. It states that the Ministers before assuming their duties must take an oath of office and secrecy as administered by the Governor. A Minister must be a member of the state legislature and if not, they are required to obtain a seat within six months in order to continue holding their position. 

It also provides that the salaries and allowances of Ministers are determined by the state legislature or they are set according to the Second Schedule until such decisions are made.

Conclusion

Article 164 of Indian Constitution ensures a structure for the operations of the state government. It highlights the authority of the Governor in ministerial appointments and the collective accountability of the Council of Ministers to the State Legislative Assembly. It also establishes important requirements regarding the tenure, oath and legislative membership of Ministers and provides a clear governance structure.

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FAQs about Article 164 of Indian Constitution

Article 164 deals with the other provisions as to Ministers.

The Chief Minister is appointed by the Governor while other Ministers are appointed on the recommendation of the Chief Minister.

The tenure of Ministers is not fixed and is subject to the discretion of the Governor.

The Ministers must be members of the state legislature and if not, they must secure a seat within six months.

The salaries and allowances of Ministers are determined by the state legislature or are based on the Second Schedule.

Article 164 is mentioned under Part VI of the Constitution of India.
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