Articles 163 and 164 of the Indian Constitution define the formation, functioning, and limitations of the Council of Ministers (CoM) in Indian states. These articles explain how the Chief Minister and other ministers are appointed, how they advise the Governor, and their collective responsibility to the state legislature. They also set a cap on the number of ministers and lay out disqualification rules and conditions for ministerial tenure.

BulletsIn

• States must have CoM with CM to aid and advise Governor
• Governor acts on CM’s advice except in discretionary matters
• Discretion of Governor on such matters cannot be questioned in court
• Governor appoints CM; others on CM’s advice
• Council size: min 12 ministers, max 15% of Assembly strength
• Minister must become MLA/MLC within 6 months or resign
• Disqualified MLA/MLC under Tenth Schedule can’t be minister
• Council collectively responsible to State Legislative Assembly
• Ministers take oath of office and secrecy before entering role
• Salaries/allowances decided by State Legislature or as per Second Schedule