Article 164(1) deals with the appointment of the Chief Minister and other Ministers in a State.
It says that 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.
In simple terms, the Governor appoints the Chief Minister first. After that, the Chief Minister recommends names for the Council of Ministers, and the Governor appoints them.
Constitutional Position
Article 164(1) is part of the parliamentary system at the State level.
The Governor is the constitutional head of the State, but the real executive power is exercised by the elected government headed by the Chief Minister.
Normally, the Governor appoints as Chief Minister the leader of the party or coalition that has majority support in the Legislative Assembly.
If no party gets a clear majority, the Governor may have limited discretion in inviting a leader to form the government. But that discretion is not absolute. The final test of majority must happen on the floor of the Assembly.
Council of Ministers
After the Chief Minister is appointed, other ministers are appointed on the Chief Minister’s advice.
This means the Governor cannot normally choose ministers independently. The Chief Minister decides who will be part of the Council of Ministers.
The Council of Ministers remains in office during the pleasure of the Governor, but in practice this pleasure is not personal discretion. As long as the government enjoys majority in the Assembly, the Governor cannot remove ministers arbitrarily.
Link with Collective Responsibility
Article 164(1) should be read with Article 164(2), which says that the Council of Ministers is collectively responsible to the Legislative Assembly.
This means the State government can continue only as long as it has majority support in the Assembly.
If there is doubt about majority, the proper method is a floor test, not the Governor’s personal assessment.
Special Provision for Tribal Welfare
Article 164(1) also contains a special provision for certain States. It provides for a Minister in charge of tribal welfare in States such as Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.
This provision reflects the constitutional concern for tribal welfare in States with significant Scheduled Tribe populations.
Conclusion
Article 164(1) lays down the appointment process for the Chief Minister and State ministers. It gives the Governor a formal role, but real executive authority belongs to the Chief Minister and Council of Ministers, who must enjoy majority support in the Legislative Assembly.
