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Case Fedralism, 246 R 1 PDF
Case Fedralism, 246 R 1 PDF
Equivalent Citation: AIR2017SC 3552, 2017(6)ALLMR443, 2017 4 AWC 3743SC , 2018(1)LLN296(SC ), (2017)7MLJ539, 2017(8)SC ALE279, 2017
(7) SC J 134, 2017(4)SC T542(SC ), 2017(2)SLJ337(SC )
1 Article 164(1A). The total number of Ministers, including the Chief Minister, in the
Council of Ministers in a State shall not exceed fifteen per cent of the total number of
members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister, in a State shall
not be less than twelve;
Provided further that where the total number of Ministers, including the Chief
Minister, in the Council of Ministers in any State at the commencement of the
Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent or
the number specified in the first proviso, as the case may be, then the total number
of Ministers in that State shall be brought in conformity with the provisions of this
Clause within six months from such date as the President may by public notification
appoint.
2 Section 4-A Parliamentary Secretary shall be of the rank and status of a Minister of
State and shall exercise such powers, discharge such functions and perform such
duties as may be assigned to him by the Chief Minister by way of a notification
published in the official Gazette.
3 Section 7. A Parliamentary Secretary shall be entitled to such salary and allowances
as are admissible to a Minister of State under the Assam Ministers, Ministers of State
and Deputy Ministers Salaries and Allowances Act, 1958.
4 On 08/05/2007 the Petitioners moved an interlocutory application (I.A. No. 1/2007)
in the Supreme Court in order to stay the operation of the Act.
5 Article 164. (1) 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, and
the Ministers shall hold office during the pleasure of the Governor: Provided that 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.
(1A) The total number of Ministers, including the Chief Minister, in the Council of
Ministers in a State shall not exceed fifteen per cent of the total number of members
of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State shall not
be less than twelve:
Provided further that where the total number of Ministers including the Chief Minister
in the Council of Ministers in any State at the commencement of the Constitution
(Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent or the number
specified in the first proviso, as the case may be, then the total number of Ministers
in that State shall be brought in conformity with the provisions of this Clause within
six months from such date* as the President may by public notification appoint.
6 Article 74(1) There shall be a Council of Ministers with the Prime Minister at the