Verbatim text
the Governor on the advice of the Chief Minister, and the
Ministers shall hold office during the pleasure of theGovernor:
Provided that in the States of
1[Chhattisgarh,
Jharkhand], Madhya Pradesh and Orissa, there shall bea Minister in charge of tribal welfare who may in additionbe in charge of the welfare of the Scheduled Castes andbackward classes or any other work.
2[(1A) The total number of Ministers, including the
Chief Minister, in the Council of Ministers in a State shallnot 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 exceedsthe said fifteen per cent. or the number specified in thefirst proviso, as the case may be, then the total number ofMinisters in that State shall be brought in conformitywith 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 havingLegislative Council belonging to any political party whois disqualified for being a member of that House underparagraph 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 dateof his disqualification till the date on which the term ofhis office as such member would expire or where hecontests any election to the Legislative Assembly of aState 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.]Other provisions
as to Ministers.
1Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for “Bihar”.
2Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3.
*7-1-2004, vide S.O. 21(E), dated 7-1-2004.THE CONSTITUTION OF INDIA
(Part VI. —The States. —Arts. 163-164.)79
(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 andof secrecy according to the forms set out for the purposein the Third Schedule.
(4) A Minister who for any period of six consecutive
months is not a member of the Legislature of the Stateshall 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 timeby law determine and, until the Legislature of the Stateso determines, shall be as specified in the SecondSchedule.
The Advocate-General for the State
What this means
- The index files this text under article 164 of the Constitution of India.
- The index files it under the chapter heading “CHAPTER II.—T HE EXECUTIVE — The Governor”.
- The passage runs to about 484 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “salaries”).
The row’s stored title is a body fragment, not a heading (“(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by”), so it is not used as the provision’s title here.
The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.
How to cite this
Constitution of India, article 164, Portable Lawyer, https://www.portablelawyer.app/provision/db7bf5f1-3ec5-4a63-8594-6df730135cd3 (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/db7bf5f1-3ec5-4a63-8594-6df730135cd3
Accessed 25 October 2026.
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