Articles 163 and 164 of Constitution of India: Council of Ministers and Governor
Articles 163 and 164 form part of Part VI, Chapter II of the Constitution of India. They govern the constitutional relationship between the Governor and the State Council of Ministers and set out important rules concerning the appointment, size, responsibility, tenure and qualifications of State Ministers.
Article 163 - Aid and advice to Governor
Article 164 - Other provisions as to Ministers
Meaning and legal effect
Official constitutional text
Article 163 - Council of Ministers to aid and advise Governor
Clause (1): There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in exercising the Governor's functions, except where the Constitution requires the Governor to exercise a function in discretion.
Clause (2): Article 163 contains a rule concerning a question whether a matter is one in which the Governor is constitutionally required to act in discretion.
Clause (3): Courts cannot inquire into whether Ministers tendered advice to the Governor or into the content of such advice.
What does Article 163 mean?
Article 163 establishes the Council of Ministers, headed by the Chief Minister, as the constitutional body that aids and advises the Governor in the exercise of State executive functions. The exception relates to functions that the Constitution requires the Governor to exercise in discretion. The scope of such discretion must therefore be understood within the constitutional scheme rather than as a general independent executive power.
Article 164 - Other provisions as to Ministers
Article 164 deals with the appointment of the Chief Minister and other Ministers, the size and composition of the Council of Ministers, collective responsibility, oaths, legislative membership and remuneration.
Clause (1) - Appointment: The Governor appoints the Chief Minister. Other Ministers are appointed by the Governor on the advice of the Chief Minister. Ministers hold office during the pleasure of the Governor.
Tribal Welfare Minister: The Constitution specifically provides for a Minister in charge of tribal welfare in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. That Minister may additionally be given responsibility for Scheduled Castes, backward classes or other work.
Clause (1A) - Size of Council of Ministers: The total number of Ministers, including the Chief Minister, cannot exceed 15 per cent of the total membership of the State Legislative Assembly. The Council must, however, have at least 12 Ministers.
Clause (1B) - Disqualification: A legislator disqualified under paragraph 2 of the Tenth Schedule is also disqualified from appointment as a Minister for the constitutionally specified period.
Clause (2) - Collective responsibility: The Council of Ministers is collectively responsible to the Legislative Assembly of the State.
Clause (3) - Oaths: Before entering office, a Minister must take the oaths of office and secrecy administered by the Governor in the forms contained in the Third Schedule.
Clause (4) - Six-month rule: A Minister who is not a member of the State Legislature for six consecutive months ceases to be a Minister at the end of that period.
Clause (5) - Salaries and allowances: Salaries and allowances are determined by State law, subject to the constitutional provision applicable until the Legislature so determines.
Key constitutional principles
Aid and advice: Article 163 connects the Governor's constitutional office with responsible government through a Council of Ministers headed by the Chief Minister.
Collective responsibility: Article 164(2) makes the Council of Ministers collectively responsible to the elected Legislative Assembly. This is a central feature of the parliamentary form of government at State level.
Ministerial ceiling: Article 164(1A), inserted by the Constitution (Ninety-first Amendment) Act, 2003, limits the size of State ministries to 15 per cent of the Assembly's strength, subject to a minimum of 12 Ministers.
Anti-defection consequence: Article 164(1B), also inserted by the Ninety-first Amendment, prevents a legislator disqualified under the specified provision of the Tenth Schedule from being appointed as a Minister during the constitutionally prescribed period.
Updated tribal welfare provision: The present constitutional text names Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. The older wording appearing on this page before revision was no longer current.
Official Constitution of India
For the authoritative constitutional wording, amendments and footnotes, refer to the Constitution of India on India Code. The official text should be consulted where exact statutory or constitutional wording is required.