What is Council of Ministers to aid and advise Governor? What are Other provisions as to Ministers? Article 163 and 164 of Constitution of India, 1949
Council of Ministers to aid and advise Governor and Other provisions as to Ministers are defined under Article 163 and 164 of Constitution of India 1949. Provisions under these Article are:
Article 163 of Constitution of India "Council of Ministers to aid and advise Governor"
(1) There shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is
not a matter as respects which the Governor is by or under
this Constitution required to act in his discretion, the
decision of the Governor in his discretion shall be final,
and the validity of anything done by the Governor shall not
be called in question on the ground that he ought or ought
not to have acted in his discretion.
(3) The question whether any, and if so what, advice was
tendered by Ministers to the Governor shall not be inquired
into in any court.
Article 164 of Constitution of India "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:
Provided that in the State of Bihar, Madhya Pradesh and
Orissa, 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.
(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 so him the oaths of office and of secrecy
according to the forms set out for the purpose in the Third
Schedule.
(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.