...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 app...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 atten...they exercise and their duties are totally different. Therefore, while testing the compliance of Clause (1A) of Article 164 of the Constitution, only those H...

...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...is not a member of the Legislature of the State as a Minister and that Article 164(4) of the Constitution would only be applicable to a person who has been a Minister bu.... 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...

...remain in office.This argument is not tenable in view of the scheme of Articles 163 and 164 of the Constitution. Article 163 postulates that ther...select Ministers form (sic) such persons than to nominate them from outside the Legislature. The amendment was negatived.”Article 144(3) of the Draft ....(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 People Act, 1951 (“the RoP A...

...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 partic....”6. Before proceeding to deal with the interpretation of the article and consideration of various precedents, it would be useful to take note of the debates of the ...corresponds to Article 164(4) of the Constitution reads...

...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 ...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 ..., 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 ...

...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 ...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...., cannot be read into Article 75(1) or Article 164(1) of the Constitution.Principle of constitutional silence or abeyance65. The next ...

...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) provides that a ...take the same oath. This was to ensure that 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 ...State Legislature on the date of his appointment. His appointment was challenged in the High Court by way of a writ petition filed under Article 226 of the Constitution. The High Court dismissed the...

...note of the relevant provisions in the Constitution of India that would arise for consideration in this case. Article 164(1) of the Constitution of India provid...appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and that the Ministers shall hold office during the pleasure of the Governor. ...in enacting the Assam Act, 2004. The relevant entry is entry 39 which corresponds to Article 194(3) of the Constitution of India. On the other hand, entry 40 corresponds to Article ...

...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 (...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 ...

...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 ...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...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. ...

...Governor on the advice of the Chief Minister under Article 164 of the Constitution of Indi...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....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) ...

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

...Council of Ministers.50. It may be a matter of coincidence that at that time, the period of six months envisaged under Article 164 of the Constitution...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 of India...various grounds are raised for release of the accused from custody, and, thus, such a plea cannot be taken seriously for debarring a person as contemplated under Article 173(b) of the Constitution of India...

...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 resul...substance of the arguments on behalf of the Petitioners is that by having Parliamentary Secretaries, the limit prescribed under Article 164(1A) of the...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 fo...

...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...) 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 ...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....

...(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 ...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 ...conformity with the Constitution. The Petitioners' allegation that the appointment of the Parliamentary Secretaries result in infraction of Article 164...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 Secr...

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...under Section 73 of the Representation of the People Act, 1951 (hereafter ‘the Act’). Under Article 164 of the Constitution of India a Chief Minister could not ...deemed to have been constituted with effect from 24th May, 1982.5. The relevant part of Article 164 of the Constitution of India reads:“164. Other...Legislative Assembly of the State under clause (2) of Article 164 of the Constitution. In the absence of any Legislative Assembly the question of the C...

...Article 164 of the Constitution of India and refers to the English Convention of formation of Government by majority party...reduced to minority, there is no Ministry in office in the eye of law and there is none to aid and advise the Governor. Article 164 of the Constitution...been reduced to minority and the respondents have no right to continue in office and writs of quo warranto must issue to remove them. He relies on...