Article 164 of CoI : Article 164: Other provisions as to Ministers.

Explanation using Example

Example 1:

Scenario: Appointment of Ministers in a State

Context: In the state of Maharashtra, the Governor is responsible for appointing the Chief Minister and other Ministers.

Example: After the state elections, Party A wins the majority of seats in the Legislative Assembly. The leader of Party A, Mr. Sharma, is appointed as the Chief Minister by the Governor. Mr. Sharma then advises the Governor to appoint Ms. Verma, Mr. Patel, and Ms. Rao as Ministers. The Governor follows this advice and appoints them as Ministers. They hold office as long as they have the confidence of the Governor.

Example 2:

Scenario: Limitation on the Number of Ministers

Context: The total number of Ministers in the state of Karnataka must not exceed fifteen percent of the total number of members in the Legislative Assembly.

Example: Karnataka has 224 members in its Legislative Assembly. According to Article 164(1A), the total number of Ministers, including the Chief Minister, cannot exceed 15% of 224, which is 33.6. Therefore, the maximum number of Ministers allowed is 33. If the current number of Ministers exceeds this limit, the state must reduce the number of Ministers to comply with the law within six months.

Example 3:

Scenario: Collective Responsibility to the Legislative Assembly

Context: The Council of Ministers in the state of Tamil Nadu is collectively responsible to the Legislative Assembly.

Example: If the Legislative Assembly passes a vote of no confidence against the Council of Ministers, the entire Council, including the Chief Minister, must resign. This ensures that the Council of Ministers remains accountable to the elected representatives of the people.

Example 4:

Scenario: Oath of Office and Secrecy

Context: Before assuming office, a Minister in the state of West Bengal must take an oath of office and secrecy.

Example: Mr. Banerjee is appointed as a Minister in West Bengal. Before he can start his duties, the Governor administers the oaths of office and secrecy to him, as per the forms set out in the Third Schedule of the Constitution. This formal ceremony ensures that Mr. Banerjee pledges to uphold the Constitution and maintain confidentiality in his duties.

Example 5:

Scenario: Disqualification of a Minister

Context: A member of the Legislative Assembly who is disqualified under the Tenth Schedule cannot be appointed as a Minister.

Example: Ms. Singh, a member of the Legislative Assembly in Uttar Pradesh, is disqualified under the Tenth Schedule for defection. As a result, she cannot be appointed as a Minister until her disqualification period ends or until she is re-elected to the Assembly.

Example 6:

Scenario: Minister Not Being a Member of the Legislature

Context: A Minister must be a member of the Legislature of the State within six months of their appointment.

Example: Mr. Kumar is appointed as a Minister in Bihar, but he is not currently a member of the Legislative Assembly. He must get elected to the Assembly within six months of his appointment. If he fails to do so, he will cease to be a Minister at the end of the six-month period.

Example 7:

Scenario: Salaries and Allowances of Ministers

Context: The salaries and allowances of Ministers in the state of Rajasthan are determined by the State Legislature.

Example: The Rajasthan Legislative Assembly passes a law that sets the monthly salary of a Minister at ₹1,50,000 and provides allowances for travel, housing, and other expenses. Until such a law is passed, the salaries and allowances are as specified in the Second Schedule of the Constitution.