Home The Constitution Part VI Article 164

Art. 164 Part VI: The States

Other Provisions as to Ministers

Exact text — Constitution of India

(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... (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. [Added by the 91st Amendment, 2003] (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.

In Plain English

What this Article actually means

The state-level counterpart to Article 75 — the Governor appoints the Chief Minister directly but other Ministers only on the CM's advice, with the same 91st Amendment 15% cap on Council of Ministers size (with a specific MINIMUM of 12 ministers for smaller Assemblies, ensuring adequate ministerial capacity even in small states), and the same 6-month grace period for a non-legislator to become a Minister.

Why This Matters To You

How it shows up in everyday life

This is why states, like the Union, have a hard cap on Cabinet size relative to their Assembly's total membership — a check against unnecessarily bloated state ministries, balanced against a guaranteed minimum for practical governance capacity.

Read alongside this one

Art. 75 — Other Provisions as to Ministers

Frequently Asked

Quick answers about Article 164

Why is there a minimum of 12 ministers even for very small state Assemblies?

This ensures even states with small Legislative Assemblies (where 15% might otherwise produce an impractically tiny Council) still have enough ministerial capacity to properly run the various government departments and functions.

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The text above reproduces Article 164 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.