What can be the minimum strength of Council of Ministers including Chief Minister in the States?
12
Minimum Strength of State Council of Ministers
The question asks about the minimum number of members required in the Council of Ministers in a State, specifically including the Chief Minister. This is a specific provision in the Constitution of India concerning the size of the Council of Ministers at the state level.
The size of the Council of Ministers in both the Union and the States was addressed by a significant constitutional amendment. The 91st Constitutional Amendment Act, 2003, introduced a limit on the number of ministers.
For the States, this amendment added clause (1A) to Article 164 of the Constitution. Article 164 deals with the provisions relating to Ministers in the States.
Article 164(1A) has two main parts:
- It states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15% of the total strength of the Legislative Assembly of that State. This sets the maximum limit.
- It also includes a proviso which sets the minimum limit. The proviso states: "Provided that the number of Ministers, including the Chief Minister, in a State shall not be less than twelve."
This means that while the maximum size is linked to the size of the Legislative Assembly (15%), there is a fixed minimum number regardless of the size of the assembly, which is twelve.
Therefore, the minimum strength of the Council of Ministers, including the Chief Minister, in any State must be at least 12 members.
| Constitutional Provision | Details |
|---|---|
| Amendment | 91st Constitutional Amendment Act, 2003 |
| Article Added/Modified | Article 164(1A) |
| Maximum Limit | \(\le 15\%\) of the total strength of the Legislative Assembly |
| Minimum Limit | \(\ge 12\) members (including CM) |
Based on Article 164(1A), the minimum number of ministers including the Chief Minister is constitutionally mandated to be 12.
Revision Table: State Council of Ministers Strength
| Aspect | Requirement (as per Article 164(1A)) |
|---|---|
| Maximum Strength (including CM) | Not exceeding 15% of the total strength of the State Legislative Assembly |
| Minimum Strength (including CM) | Not less than 12 |
| Relevant Amendment | 91st Constitutional Amendment Act, 2003 |
Additional Information: State Council of Ministers
- The Chief Minister is appointed by the Governor.
- Other Ministers are appointed by the Governor on the advice of the Chief Minister.
- The Council of Ministers is collectively responsible to the State Legislative Assembly.
- Ministers must be members of the State Legislature. If someone is appointed as a minister but is not a member of the legislature, they must become a member (either of the Legislative Assembly or Legislative Council, if it exists) within six months, otherwise, they cease to be a minister.
- The purpose of the 91st Amendment regarding the size of the Council of Ministers was primarily to prevent excessively large Councils of Ministers and curb defection by limiting the promise of ministerial berths.
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