Constitution Section 164 — Other provisions as to Ministers
Part VI — THE STATES — Council of Ministers
Constitutional
Summary
The Governor appoints the Chief Minister, and appoints other Ministers on the Chief Minister’s advice. Ministers serve as long as the Governor wishes. In Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, one Minister must be in charge of tribal welfare, and may also handle Scheduled Castes, backward classes, or other work. The total number of Ministers, including the Chief Minister, cannot exceed 15% of the Legislative Assembly’s total members, but must be at least 12. If a legislator is disqualified under the anti-defection rules, they cannot become a Minister from the date of disqualification until their term would have ended or they are re-elected, whichever comes first. The Council of Ministers is collectively responsible to the Legislative Assembly. Before taking office, a Minister must take oaths of office and secrecy administered by the Governor. A Minister who is not a member of the state legislature for six consecutive months loses their position. The state legislature sets Ministers’ salaries and allowances by law; until then, the Second Schedule applies.
Official Text
(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.