Article 164: What is Article 164 of Indian Constitution?

By BYJU'S Exam Prep

Updated on: November 14th, 2023

Article 164 is the supreme law of India of the Indian constitution. 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.

Article 164 lists Article 164 (1), Article 164 (2), Article 164 (3), and Article 164 (4). The four have the following responsibilities:

  • Article 164 (1): The state’s governor appointed the Chief Minister.
  • Article 164 (2): The state’s Legislative Assembly is the responsibility of The Council of Ministers.
  • Article 164 (3): The Governor assists the minister’s commitments.
  • Article 164 (4): A Minister shall stop to be a minister after six months who is not a member of the Legislative Assembly.

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 every state’s legislature. 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. Article 164 is related to Article 163.

While Article 164 addresses other provisions for ministers, such as appointment, tenure, responsibility, qualifications, oath, salaries and allowances, Article 163 preaches to the status of the council of ministers. Hence, Articles 163 and 164 are somewhat connected.

What is Article 164 (4) of the Indian Constitution?

The 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 for India’s Government’s executive branch.

  • 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 of the Indian Constitution: 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 on that behalf by him an oath or affirmation according to the form set out for the purpose in the Third Schedule.

  • The minister shall maintain office during the presence of the Governor, Provided: that in the states of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare, which should be in the order of the interest of the Scheduled Castes and backward classes or any other work.

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Article 164 (4) 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 the majority members of the party withdraw their support for a Chief Minister who does not enjoy the support of majority members in the Assembly.
  • It can be further supported by Article 75 (5), which states that if a newly elected.
  • If Prime Minister fails to get elected as an MP within six months of assuming office, they shall discontinue being 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 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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