Article 164 is a fundamental provision in the Constitution of India that establishes the executive framework for State governments, titled "Other provisions as to Ministers". It originated from Draft Article 144, debated in the Constituent Assembly in 1949, and was crafted to set the constitutional structure for the State executive, borrowing from the Government of India Act, 1935, while adding safeguards for democratic accountability.
The article details the appointment and functioning of the State Council of Ministers. Article 164(1) states that the Chief Minister is appointed by the Governor, and the other Ministers are appointed by the Governor on the Chief Minister's advice. Ministers hold office "during the pleasure of the Governor". Crucially, Article 164(2) establishes the principle of collective responsibility, mandating that the Council of Ministers is collectively responsible to the Legislative Assembly of the State. Furthermore, Article 164(4) imposes a six-month limit, after which a Minister who is not a member of the State Legislature ceases to hold office.
The provision connects directly to Article 163, which establishes the Council of Ministers to aid and advise the Governor. It is also the State-level counterpart to Article 75, which governs the Union Council of Ministers.
The article was significantly changed by the Constitution (Ninety-first Amendment) Act, 2003. This amendment introduced Article 164(1A), which capped the total number of Ministers, including the Chief Minister, at 15% of the total strength of the Legislative Assembly, with a minimum of twelve Ministers, to prevent oversized cabinets. The amendment also added Article 164(1B), which links a Minister's disqualification under the Tenth Schedule (Anti-Defection Law) to their removal from office. A special provision in Article 164(1) mandates a Minister for tribal welfare in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha.