Article 164(1) is a fundamental provision in the Constitution of India that establishes the mechanism for appointing the executive head and the Council of Ministers in a State. It was debated as Draft Article 144 and became part of the Constitution when it was enacted in 1950, setting up the State executive under the parliamentary system.
The provision works by stating that the Chief Minister shall be appointed by the Governor. Subsequently, the other Ministers are appointed by the Governor but only on the advice of the Chief Minister. Furthermore, the Ministers hold office "during the pleasure of the Governor". This phrase is understood in the context of parliamentary democracy, where the Governor's "pleasure" is contingent upon the Council of Ministers enjoying the confidence of the Legislative Assembly, a principle reinforced by the Supreme Court in cases like S. R. Bommai v. Union of India (1994).
Article 164(1) is closely connected to Article 164(2), which explicitly mandates that the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. A proviso within Article 164(1) requires that the States of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha must have a Minister specifically in charge of tribal welfare. While the core text of Article 164(1) remains the same, the 91st Amendment Act, 2003, added Article 164(1A), which limits the total number of Ministers, including the Chief Minister, to not exceed 15% of the total number of members of the Legislative Assembly.