...1. Heard the petitioner appearing in person. 2. The Karnataka Legislative Assembly has 225 members. As of today, according to the case of the petitioner, there are 28 Honble Ministers appointed in accordance with Clause (1) of Article 164 of the Constitution of...consideration, the total number of Honble Ministers will exceed 15% which will amount to violation of Clause (1A) of Article 164 of the Constitution of India. Our attention is invited to the fact...they exercise and their duties are totally different. Therefore, while testing the compliance of Clause (1A) of Article 164 of the Constitution, only those Honble Ministers will...

...the respondent K.P Tewari who has been appointed in November 1984 as a Minister of the Government of Uttar Pradesh under Article 164(1) of the Constitution by the Governor of the State of Uttar...Constitution by the Constitution (Sixteenth) Amendment Act, 1963, it is not open to the Governor to appoint a person who is not a member of the Legislature of the State as a Minister and that Article 164(4) of the Constitution would...election, a candidate must take the same oath. This is to ensure that only a person having allegiance to India shall be eligible for membership of the Legislature.11. Article 163(1) and Article 164 of the Constitution which...

...suffer from any disqualification regarding their appointment and consequently these Ministers continue to remain in office.This argument is not tenable in view of the scheme of Articles 163 and 164 of the Constitution. Article 163....”Article 144(3) of the Draft Constitution which corresponds with Article 164(4) of the Constitution reads as under....(c) Article 164(4) has to be read in conjunction with Articles 163, 173 and 191 of the Constitution of India, as well as the Representation of the...

...judgment of the High Court dismissing the writ petition in limine.2. Since the meaningful question involved in this appeal revolves around the ambit and scope of Article 164 and in particular, of Article 164(4) of the Constitution of...interpretation of the article and consideration of various precedents, it would be useful to take note of the debates of the Constituent Assembly during the enactment of Article 164(4).7. Article 144(3) of the Draft Constitution which...corresponds to Article 164(4) of the Constitution reads:“144. (3) A Minister who, for any period of...

...Minister for the State of………..and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.”8. In terms of Article 164 of...are to be appointed by him on the advice of the Chief Minister. The Ministers are to hold the office during the pleasure of the Governor.9. In terms of Clause (3) of Article 164 of the Constitution of..., does not violate the oath of office and secrecy as provided for in III Schedule appended to the Constitution of India. In any event, having regard to the express provisions contained in Article 164 of...

...Court opined that acceptance of such a submission would invite disaster. The Court further ruled that when a person is not qualified to become a Member in view of Article 173, he cannot be appointed as a Chief Minister under Article 164(1). Be it noted, there was disqualification in the Constitution and...under the 1951 Act to become a Member of the State Legislature, and hence, the Court, appreciating the text and context, read the disqualification into Article 164(1) of the Constitution.64...into Article 75(1) or Article 164(1) of the Constitution.Principle of constitutional silence or abeyance65. The next...

...of the Constitution. The High Court dismissed the writ petition but granted a certificate under Article 132 of the Constitution. That is how the matter reached this Court.3. Now, Article 164(4...only a person having allegiance to India shall be eligible for membership of the legislature. The Court further pointed out that clause (4) of Article 164 of the Constitution provides that a...) provides that 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...

...deal with the submissions made on either side, it is necessary to take note of the relevant provisions in the Constitution of India that would arise for consideration in this case. Article 164(1) of...that the Ministers shall hold office during the pleasure of the Governor. Article 164(1-A) was inserted by the Constitution (Ninety-first Amendment) Act, 2003. The said Article limited the number of...which corresponds to Article 194(3) of the Constitution of India. On the other hand, entry 40 corresponds to Article 164 of the Constitution and we are in complete agreement with Bimolangshu Roy...

...S.M Sikri, C.J— In this appeal by certificate granted by the High Court under Article 132 of the Constitution a short question as to the interpretation of clause (4) of Article 164 of...Court dismissed the petition but granted a certificate under Article 132 of the Constitution, and the appeal is now before us.Article 164(4) reads as follows...points out that a number of Constitutions contain similar provisions.3. It seems to us that clause (4) of Article 164 must be interpreted in the context of Articles 163 and 164 of the Constitution. Article...

... MANDAMUS OR TO STRUCK DOWN THE 14 COUNCIL MINISTER INCLUDING CHIEF MINISTER OF KARNATAKA AS COUNCIL MINISTERS UNDER ARTICLE 164(1A) OF THE CONSTITUTION OF INDIA AS UNCONSTITUTIONAL, FROM 03/06/2026 TO TILL COMPLIANCE OF UNDER ARTICLE 164(1A...) of the Constitution of India as unconstitutional, from 03/06/2026 to till compliance of under Article 164(1A) of the Constitution of India. b. Issue any other writ or direction, which this Hon'ble...the total number of members of the Karnataka Legislature. 3. A plain reading of the proviso to Clause (1A) of Article 164 of the Constitution of India states that the number of...

...nowhere provide that a person who is not already a member of the Legislature can be appointed the Chief Minister of a State. In regard to Cl. (4) of Article 164 of Constitution which...exercise his function or any of them in his discretion. Clause (1) of Article 164 of the Constitution then proceeds to lay down that the Chief Minister shall be appointed...by the Governor and the other Ministers shall be appointed by the Governor on the advise of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor. Clause (2) of Article 164 of the Constitution further...

...Governor on the advice of the Chief Minister under Article 164 of the Constitution of India. The Ministers shall hold...the office during the pleasure of the Governor. The wordings in the Article 164 are clear answers to the petitioner's prayer in the writ petition.3. Article 164(1) of the Constitution of...Governor has wide and large powers in these matters. Withdrawal of pleasure is entirely in the discretion of the Governor and the Governor alone. Article 164(2) of the Constitution of...

..., the period of six months envisaged under Article 164 of the Constitution of India was coming to an end but the fact remains that he resigned at a point of time when the Chief Minister was...Party, were correct. He, therefore, advised the Chief Minister to drop the respondent from his Council of Ministers.50. It may be a matter of coincidence that at that time...appellant herein solely on the ground that the respondent, at the time of filing his nomination paper being not above the age of 25 years as mandatorily required under Article 173(b) of the Constitution...

...doubt correct but once a person becomes Minister he is in Government service and under Article 164 of the Constitution...

...aforesaid three writ petitions. The impugned action is pleaded as to be in conformity with the Constitution. The Petitioners' allegation that the appointment of the Parliamentary Secretaries result in infraction of Article 164(1A...substance of the arguments on behalf of the Petitioners is that by having Parliamentary Secretaries, the limit prescribed under Article 164(1A) of the Constitution is violated...Hon'ble Supreme Court in Bimolangshu Roy (supra), Article 163(1) of the Constitution provides for a Council of Ministers with the Chief Minister as the head for the purposes stated therein. Article 164(1...

...ANNEXURE-J respectively. ii. Declare the appointments to be illegal and unconstitutional on the grounds of violation of Article - 10 - 164(1A) of the Constitution of...equivalent to that of a Minister and also the associated pecuniary benefits. The petitioner contends that the same violates the second proviso to Article 164(1A) of the Constitution of India, which...number of Ministers permitted under Article 164(1A) of the Constitution of India is 33 (15% of 224). Notwithstanding the said limit, approximately 159 persons are drawing remuneration equivalent to that...

...Roy (supra), Article 163(1) of the Constitution provides for a Council of Ministers with the Chief Minister as the head for the purposes stated therein. Article 164(1...) of the Constitution provides inter alia that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advise of the Chief Minister. Clause (1A) of Article 164 of the Constitution, introduced...Minister by the Governor in terms of Article 164(1) of the Constitution. xxx xxx xxx" 2. We have read the allegations in this application. There is nothing...

...(Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, on the ground that this enactment is violative of the mandate of Clause (1-A) of Article 164 of the Constitution of India...and is also violative of the requirements of Articles 154, 162 and 246 of the Constitution of India; and further, with the submissions that the law making power of the State Legislature does not extend...

...Secretary be invalidated by holding that such appointments are void ab initio, fundamentally for the reason that such appointments result in infraction of Article 164(1A) of the Constitution of...conformity with the Constitution. The Petitioners' allegation that the appointment of the Parliamentary Secretaries result in infraction of Article 164(1A) of the Constitution...the Act is not in violation of any provisions of the Constitution, it is contended.4. The sum and substance of the arguments on behalf of the Petitioners is that by having Parliamentary Secretaries, the limit prescribed under Article 164(1A) of the Constitution is...

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