Context
Recently, political tensions in West Bengal reached a peak as Chief Minister publicly refused to resign following demands from opposition parties amidst ongoing controversies and administrative challenges. This development, has sparked a constitutional debate regarding the tenure of a Chief Minister and the Governor’s role under Article 164, specifically concerning the provision that ministers hold office during the “pleasure of the Governor” and the necessity of maintaining collective responsibility to the Legislative Assembly.
1. Appointment of Ministers (Article 164(1))
- The Chief Minister: The Governor appoints the Chief Minister (CM). By convention, the Governor invites the leader of the majority party in the State Legislative Assembly.
- Other Ministers: The Governor appoints other ministers based solely on the advice of the Chief Minister.
- Pleasure of the Governor: Ministers hold office during the “pleasure of the Governor.” However, this “pleasure” is not arbitrary; a Governor cannot dismiss a minister as long as the Council of Ministers (CoM) enjoys the majority in the Assembly.
- Special Provision for Tribal Welfare: In the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, there must be a Minister in charge of tribal welfare. (Note: Bihar was removed from this list by the 94th Amendment Act, 2006).
2. Strength of the Council of Ministers (Article 164(1A))
- Maximum Limit: The total number of ministers, including the CM, in a State CoM shall not exceed 15% of the total strength of that State’s Legislative Assembly.
- Minimum Limit: The number of ministers, including the CM, shall not be less than 12.
- Origin: These limits were inserted by the 91st Constitutional Amendment Act, 2003, to prevent the practice of “jumbo cabinets” used for political appeasement.
3. Disqualification and Tenure (Article 164(1B))
- Anti-Defection: A member of the State Legislature who is disqualified under the Tenth Schedule (Anti-Defection Law) is also disqualified from being appointed as a minister.
- Non-Legislator as Minister (Article 164(4)): A person who is not a member of the State Legislature can be appointed as a minister. However, they must become a member (either through election or nomination) within six consecutive months. Failure to do so leads to the automatic cessation of their ministership.
4. Accountability and Oaths
- Collective Responsibility (Article 164(2)): The Council of Ministers is collectively responsible to the Legislative Assembly of the State. This means the cabinet “swims or sinks together.” If a no-confidence motion is passed, the entire CoM must resign.
- Oath (Article 164(3)): Before entering office, the Governor administers the oaths of office and secrecy to the ministers according to the forms set out in the Third Schedule.
- Salaries (Article 164(5)): The salaries and allowances of ministers are determined by the State Legislature
Q. With reference to Article 164 of the Constitution of India, consider the following statements:
Statement I: The Governor has the constitutional authority to dismiss a Chief Minister at any time, as the ministers hold office during the pleasure of the Governor.
Statement II: The Council of Ministers is collectively responsible to the Legislative Assembly of the State.
Which one of the following is correct in respect of the above statements?
A) Both Statement I and Statement II are correct and Statement II is the correct explanation for Statement I.
B) Both Statement I and Statement II are correct but Statement II is not the correct explanation for Statement I.
C) Statement I is correct but Statement II is incorrect.
D) Statement I is incorrect but Statement II is correct.
Solution: D
• STATEMENT I IS INCORRECT: While the "pleasure" doctrine exists, it is not absolute. The Governor cannot dismiss a Chief Minister who enjoys the majority in the Legislative Assembly. The "pleasure" of the Governor is co-terminus with the majority support in the House.
• STATEMENT II IS CORRECT: Article 164(2) explicitly states that the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. This is the primary mechanism of democratic accountability in the Cabinet system.
