Article 164

Background and evolution

Article 164 mirrors Article 75 for the states, so the Union page on Article 75 covers the general logic of cabinet government. What makes Article 164 distinct is the Governor's role in appointing Chief Ministers in fractured mandates, the minimum size of state ministries, and the special requirement of a tribal welfare minister.

The proviso originally required a minister for tribal welfare in Bihar, Madhya Pradesh and Orissa, states with large Scheduled Tribe populations. The 94th Amendment of 2006 replaced Bihar with the newly created Jharkhand and Chhattisgarh, since most of Bihar's tribal areas went to Jharkhand in 2000. This minister may also be in charge of the welfare of Scheduled Castes and backward classes.

Key features and provisions

• Appointment (164(1)): the Governor appoints the Chief Minister, and other ministers on the CM's advice; ministers hold office during the Governor's pleasure.
• Tribal welfare minister: mandatory in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.
• Size (164(1A)): not more than 15% of the total members of the Assembly, and not fewer than 12, including the Chief Minister. Small states such as Goa, Mizoram and Sikkim, with 40 or 32 members, are allowed 12 ministers.
• Defectors (164(1B)): a member disqualified under the Tenth Schedule cannot become a minister until re-elected.
• Collective responsibility (164(2)): to the Legislative Assembly, not the Council in bicameral states.
• Oath (164(3)): administered by the Governor.
• Six-month rule (164(4)): a non-member must become an MLA within six months.
• Salaries (164(5)): determined by the state legislature.