Article 164
Appointment of the Chief Minister
Article 164(1) of the Constitution states that the Chief Minister shall be appointed by the Governor, and other Ministers shall be appointed by the Governor on the advice of the Chief Minister. While the provision grants the Governor formal appointive power, constitutional convention, binding Supreme Court interpretations, and the Sarkaria and Punchhi Commission reports have progressively circumscribed the Governor's discretion.
- In a situation with a clear majority, the Governor has no discretion: the leader of the majority party must be invited.
- In a hung assembly, the Governor exercises limited discretion in identifying who is most likely to command confidence, following a prescribed order of preference: pre-poll alliance with majority → single largest party/alliance → post-poll combination.
- The Governor cannot demand proof of majority before invitation; the correct sequence established by courts is: invite → swear in → immediate floor test.
- Article 164(2): The Council of Ministers is collectively responsible to the Legislative Assembly — ensuring the floor test as the ultimate arbiter.
● Tracked since May 06, 2026 · last seen May 09, 2026 · updates as the daily brief publishes
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