Article 164 In English | Article 164 Of Indian Constitution In English | What Is Article 164

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Article 164 Of Indian Constitution In English

Article 164 – Other provisions as to Ministers.
(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 State of Bihar, Madhya Pradesh and Orissa, 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.

(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 so 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 The Advocate General for the State.

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Article 164 In English

164 Article – Other provisions in relation to ministers.
(1) The Chief Minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Minister shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, in charge of tribal welfare Minister who may be in addition to the welfare of Scheduled Castes and Backward Classes or any other work.
(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 oath of office and secrecy in accordance with the forms prescribed for the purpose in the Third Schedule.
(4) A Minister who is not a member of the Legislature of the State for a period of six consecutive months shall cease to be a Minister on the expiration of that period.
(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, as is specified in the Second Schedule, the Advocate-General of the State.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 164 Of Indian Constitution?

Article 164 Debate Summary

Draft Article 144 (Article 164) was debated on 1 June 1949 and 14 October 1949. It laid down the conditions of service for a council of ministers of a state. A member proposed to amend clause (1) to allow the Council to hold office only so long as it has the confidence of the State Legislative Assembly, so as to ensure smooth governance of the State.

The chairman of the drafting committee responded that these amendments were unnecessary as it was widely understood that if a council lost the confidence of the legislature, the governor would exercise pleasure in overturning it. Another member wanted to replace clause (3) so that the Council of Ministers could be elected only from among the existing members of the State Legislature.

He argued that the current draft Article ‘did not fit with the spirit of democracy’ as residents of the respective State had already expressed their opinion on the matter by electing representatives to the State Legislature. The proposal received some support from other members of the Assembly, one of whom argued that the existing draft article could lead to corruption in public services, pointing to the effect of a similar provision under the Government of India Act, 1935.

Most of these amendments were rejected, while the Assembly accepted an amendment proposed by the Chairman of the Drafting Committee. The amended draft Article 144 was adopted on 1 June 1949. Subsequently, a member of the drafting committee moved an amendment to remove clause (4) of the draft article. He said the House had removed the Fourth Schedule of the Constitution on which this clause depends, and was therefore no longer required. The amendment was accepted without any debate on 14 October 1949.

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