Previous Year Question

The correct answer is 12.

According to Article 164(1A) of the Constitution, the total number of Ministers, including the Chief Minister, in the Council of Ministers of a State shall not exceed 15% of the total strength of the State Legislative Assembly. The same provision also expressly states that the number of Ministers, including the Chief Minister, shall not be less than 12.

Thus, two important limits apply to the size of a State Council of Ministers—the general maximum is 15% of the total strength of the Legislative Assembly, while the minimum is 12 Ministers. The Chief Minister is included in both calculations.

This provision did not exist in the Constitution in this form originally. It was inserted into Article 164 as clause (1A) by the Constitution (Ninety-first Amendment) Act, 2003. One purpose of the amendment was to impose a constitutional limit on excessively large Councils of Ministers in the States.

For example, if a State Legislative Assembly has 200 members, the normal 15% ceiling permits a maximum of 30 Ministers including the Chief Minister. However, the question asks for the minimum strength, for which the constitutional floor is 12.

A related fact is that the same amendment also restricts a legislator disqualified on the ground of defection from being appointed as a Minister for the specified period. This provision appears in Article 164(1B).