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:
73 THE CONSTITUTION OF INDIA
(Part VI.—The States)
Provided that in the States of 1[Chhattisgarh, Jharkhand], Madhya
Pradesh and 2[Odisha] 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.
3
[(1A) The total number of Ministers, including the Chief Minister, in
the Council of Ministers in a State shall not exceed fifteen per cent. of the total
number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a
State shall not be less than twelve:
Provided further that where the total number of Ministers including the
Chief Minister in the Council of Ministers in any State at the commencement of
the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen
per cent. or the number specified in the first proviso, as the case may be, then
the total number of Ministers in that State shall be brought in conformity with
the provisions of this clause within six months from such date4 as the President
may by public notification appoint.
(1B) A member of the Legislative Assembly of a State or either House of
the Legislature of a State having Legislative Council belonging to any political
party who is disqualified for being a member of that House under paragraph 2
of the Tenth Schedule shall also be disqualified to be appointed as a Minister
under clause
(1) for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member
would expire or where he contests any election to the Legislative Assembly of
a State or either House of the Legislature of a State having Legislative Council,
as the case may be, before the expiry of such period, till the date on which he is
declared elected, whichever is earlier.]
(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 oaths of office and of secrecy according to the forms set
out for the purpose in the Third Schedule.
______________________________________________
1. Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for "Bihar"
(w.e.f. 12-6-2006).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 4, for "Orissa"
(w.e.f. 1-11-2011).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004).
4. 7-1-2004, vide notification number S.O. 21(E), dated 7-1-2004.
74 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(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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