Article 164 in Constitution of India

By : Neha Dhyani

Updated : Jan 11, 2022, 11:37

The Indian constitution is the supreme law of India. It lays down the framework defining fundamental political principles, establishes government institutions' structure, procedures, powers, and duties, and sets out fundamental rights, directive principles, and citizens' responsibilities.

What is Article 164 of the Indian constitution?

Article 164 deals with elections to Parliament and State Legislatures. It provides a standard electoral roll for elections to the Parliament and the Legislature of every State. It lays down that one member may be elected only from one Parliamentary or Assembly constituency.

The 164 article is part of the constitution of India, which contains the constitutional directive for the administration of the Union government (Centre) and its territorial divisions: states and union territories.

What is article 164 4 of the Indian Constitution?

Union government is administered by the President and his council of ministers, supported by many statutory authorities. Here is a list of all constitutional provisions about the executive branch of India's Government.

Article 164(4) and Article 75(5) also state that a person who acts as Chief Minister or Prime Minister even though they are not an MLA or an MP should not be debarred from participating in the proceedings of any legislature during the period for which they act as such. Article 164 in Hindi describes powers and responsibilities related to the executive branch of the Indian Government.

Article 164: Oath or Affirmation by Members

Each member of the Council of States and each member of the House of the People shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Article 164 (4) then states that if there is no such person as a Chief Minister, then the Prime Minister shall hold office until a new Chief Minister is appointed. The Senior most minister shall act as the Chief Minister during such period. This situation can arise when majority members of the party withdraw their support for a Chief Minister who does not enjoy the support of majority members in the Assembly. This can be further supported by Article 75 (5), which states that if a newly elected

Prime Minister fails to get elected as an MP within six months of assuming office, they shall cease to be Prime Minister. Still, they continue to hold office until their successor takes office. The Council of Ministers shall be collectively responsible to the State's Legislative Assembly.

The article lays down both the qualifications for being chosen as a member of Parliament and those selected as members of a State legislature. The article also lays down the exemption through article 164 4 that even though they are not members of the houses, they can still hold official roles and responsibilities as the Chief Minister and Prime Minister.

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FAQs about Article 164

  • What does Article 164 of the Indian Constitution include?

Article 164 deals with elections to Parliament and state legislatures.

  • What does Article 164 (4) of the Indian constitution include?

For six months, any minister who doesn't hold office in the State Assembly will cease to do so.

  • Why is Article 164 been in the news in recent times?

Mamata Banerjee will have to win the election in the next six months to continue office as the CM of Bengal.