News: Congress is planning to move the court as the strength of the Council of Ministers in Madhya Pradesh reportedly exceeds the prescribed limit.
Facts:
Constitutional Provision Related to the Issue:
- Article 164(1A): It prescribes 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 number of members of the Legislative Assembly of that State.
- Exception: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve.
- Constitutional amendment: This provision was introduced through the 91st Constitution (Amendment) Act, 2003.
Additional Facts:
- Article 163(1): It provides that there shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions.
- Article 164(1): It provides that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister.
- However in the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work.
- Article 164(4): It provides that a person can remain as Minister without being a member of the state legislature for a period of six consecutive months.
