The Constitution of India is the country’s highest law. It lays up a framework for establishing political principles, establishes the fundamental organisation, processes, authority, and duties of governmental organisations, and establishes the fundamental rights, obligations, and duties of citizens. 28 states and 8 union territories make up India (including Jammu and Kashmir after Article 370 was repealed). The governor appoints the Chief Minister of each state.
State legislatures and Parliamentary elections are covered by Article 164. For elections to every state’s Parliament and Legislature, it offers a uniform voting process. A member of Parliament may only be chosen from one parliamentary district, according to the law. The provisions of the Indian Constitution that govern the Federal Government (Centre) and its territorial divisions, the States and Union Territories, are found in Article 164.
In essence, the selection of the Chief Minister and Council of Ministers in India is the subject of Article 164 of the Indian Constitution. Additionally, it emphasises the ministers’ swearing-in ceremonies and, in some cases, the recruitment of outsiders to the Council of Ministers.
Provisions under Article 164 of Indian Constitution
Article 164(1): The appointment of the Chief Minister and other members is covered by this section. Here, however, the Governor will appoint the Chief Minister and other Ministers based on the Chief Minister’s recommendations, and the Ministers’ terms may be as long as the Governor pleases. However, in Bihar, Madhya Pradesh, and Orissa, there must be a Minister in charge responsible for tribal welfare who may also be in charge of enlisted caste and backward class welfare or any other duties.
According to Article 164(1)(a), the total number of ministers in a state may not exceed 15 percent of all ministers in the state.
Article 164(1)(b) of the Act, which was added by the 91st Amendment, deals with the removal of the Minister of State from office.
According to Article 164(2), the State’s Legislative Assembly and the Council of Ministers are both jointly responsible.
In accordance with Article 164(3), the Governor must administer the oaths of the relevant office and of the secretary to the Minister prior to his assumption of office.
Article 164(4): This section deals with the rule that a minister loses his or her position at the end of a six-month term in which he or she has not served in the state legislature.
Article 164(5) Until the state legislature of the state so determines, the salaries and allowances of the Minister shall be as set forth in the Second Schedule. The salaries and allowances of the Minister shall be regulated by legislation from time to time by the State Legislature.
Article 164 : oath and affirmation by members
Before taking their seats, each member of the State Council and the House of People must take an oath and sign an undertaking in the form prescribed by the President or another person the President has designated. The Third Schedule stipulates the format for the oath and affirmation that must be given.
The clause in Article 164(4) stipulates that the Prime Minister will remain in office until a new Chief Minister is selected if there is no such person as the Chief Minister. This happens when the majority of the party’s parliamentary members withdraw their support for a Chief Minister who does not have their support.
This is further backed by Article 75(5), which specifies that in the event of a new election, the Minister ceases to be a Minister if he is not elected as a Member of either house of Parliament within six months of assuming office. However, they will continue to serve until a replacement takes over. The State’s Legislative Assembly will be ultimately responsible to the Council of Ministers.
The article outlines a few key issues, including the requirements for selecting a member of the parliament. The article also focuses on the exception provided by Article 164(4) of the Indian Constitution, which allows the elected official to occupy the position of Chief Minister despite not being a member of the house.
Circumstances in which Article 164 applies
Situations in which Article 164 is applicable The criteria for choosing a Chief Minister are not stated in our Indian Constitution. According to Article 164, the Governor will appoint the Chief Minister. Furthermore, this does not imply that the Governor is unrestricted in who he or she chooses to name as the Chief Minister of the state or of the Union Territories.
The language of Article 164 gives the idea that the Governor is the State Government’s supreme authority. For instance, Article 164 specifies that a minister serves at the Governor’s pleasure. All of this suggests that the Governor has broad authority over the subject under Article 164.
The Indian Constitution further states in Articles 164 and 75(5) that anyone who serves as Prime Minister or Chief Minister, even if they are not MPs or MLAs, is not to be banned from participating in legislative proceedings for the duration of their appointment. Additionally, Article 164 outlines the duties and authority of the executive part of the government.
Landmark judgments relating to Article 164 of Indian Constitution
Har Sharan Verma vs. Tribhuvan Narain Singh
The Constitutional Division of the Supreme Court considered whether or not a person who is not a member of the state legislature can be nominated as Chief Minister in the case of Har Sharan Verma vs. Tribhuvan Narain Singh (1971). Tribhuvan Narain Singh’s nomination as the Chief Minister of Uttar Pradesh was in dispute in this instance since he was not a member of either chamber of the legislature at the time of his appointment. Har Sharan Verma argued in front of the High Court that Article 164(1) of the Constitution forbids the appointment of non-legislators to the position of Chief Minister.
B.R. Kapur vs. State of Tamil Nadu
A majority of judges ruled that if a non-legislator could be appointed as a Chief Minister under Article 164 of the Indian Constitution, then they must meet the requirement of membership as a legislator as mentioned in Article 173 of the Indian Constitution in another landmark case that was stated in B.R. Kapur vs. State of Tamil Nadu (2001).
Recent instances of Article 164 of Indian Constitution which were in the news
The most recent incidence was during the West Bengal elections, when Suvendu Adhikari defeated Mamata Banerjee in the Nandigram assembly poll (BJP candidate). She asserted that she would contest this and might still succeed as chief minister of West Bengal. The Constitution’s Article 164 specifies the requirements for taking the oath of office as a minister. However, according to Article 164(4), a minister loses their position at the end of a six-month term in which they are not a part of the state legislature. All of this indicates that Mamta Banerjee will have six months to successfully compete in a by-election from any Bengal constituency in order to retain the position of Chief Minister.
The essay outlines the criteria for choosing state legislature candidates. The report also outlines an exception to Article 164(4), stating that individuals may hold formal Chief Minister positions even if they are not House of Representatives members. Understanding the authority of the executive branch and the scope of the governor’s discretion in this situation also requires an understanding of Article 164. The Minister’s appointment, term, obligations, credentials, oaths, compensation, and benefits are all covered in Article 164.