Chief Minister and Council of Ministers     

Topics Discussed: -

·       Introduction

·       Prime Minister of India

·       Oath of Chief Minister and other Ministers

·       Term of Council of Ministers

·       Functions and Powers of the Chief Minister

·       State Council of Ministers

·       Category of Ministers

·       Collective Responsibility of Ministers

·       Introduction

1.    As a real executive authority, the Chief Minister is called the head of the government.

2.    He is assisted by his council of ministers who are a part of state executive along with Governor and Advocate-General of State.

3.    Similar to Prime Minister who is the head of the government at the centre, the Chief Minister is the head of the government at the state level

4.    Therefore, the Council of Ministers along with the Chief Minister as its head, exercises real authority in the State Government.

·       Appointment of Chief Minister

Just like the Prime Minister, provisions of whose appointment are not mentioned in the Indian Constitution, Chief Minister’s appointment particulars are not mentioned in the Constitution. According to Article 164 in the Indian Constitution, Governor appoints Chief Minister. However, the Governor cannot appoint any random person as the Chief Minister but has to follow a provision.

A leader of the party that has got the majority share of votes in the assembly elections, is appointed as the Chief Minister of the state.

Note:

1.    When no party gets a majority in the elections, governor exercises his own discretion and appoint a Chief Minister accordingly.

2.    In a case where no party has won the majority votes, Governor appoints the member of the largest party or one from the coalition (if occurs) as the Chief Minister and then he is given 1-month time to prove confidence in the house.

3.    If the incumbent dies in the office, Governor at his own discretion can appoint a Chief Minister however, the ruling party nominates a member and Governor usually appoints that person as the Chief Minister. This person then has to prove confidence within a specified time.

4.    A person not belonging to either house (Legislative Assembly & Council) can also be appointed as the Chief Minister, however, within six months of his tenure as a CM he should be elected to either house without which he ceases to be a CM.

5.    Chief Minister can belong to any house in the State Legislature.

·       Oath of Chief Minister and other Ministers

Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

“I, A. B., do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, 1 [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.”

·        Term of Council of Ministers

1.    The Chief Minister and Council of Ministers holds its office during the pleasure of the Governor. It has no fixed term of office.

2.    The term of the CM and Council of Ministers depends on the support of the majority members of the Legislative Assembly.

3.    If it loses majority support in the legislative Assembly, it has to resign.

4.    The Governor may also remove a Minister from the council of Ministers on the advice of the Chief Minister.

·       Functions and Powers of Chief Ministers

Chief Minister is the head of the Council of Ministers of his State. The constitutional position of the Chief Minister is more or less similar to that of the Prime Minister. The Chief Minister plays an important role in the administration of the State. We can discuss his functions as follows:

1. Chief Minister is the real head of the State Government.
Ministers are appointed by the Governor on the advice of the Chief Minister. The Governor allocates portfolios to the ministers on the advice of the Chief Minister.

2. Chief Minister presides over the Cabinet meetings.
He/she coordinates the functioning of different ministers. He/she guides the functioning of the Cabinet.

3. Chief Minister plays a key role in farming the laws and policies of the State Government.
Bills are introduced by the ministers in the State legislature with his/her approval. He/she is the chief spokesman of the policies of his government both inside and outside the State legislature.

4. The Constitution provides that the Chief Minister shall communicate to the Governor all decisions of the Council of Minister relating to the administration and the affairs of the State and proposals for legislation.

5. The Chief Minister furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.

6. If the Governor so requires, the Chief Minister submits for consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Cabinet.

7. The Chief Minister is the sole link of communication between the Cabinet and the Governor. The Governor has the right to be informed by the Chief Minister about the decisions taken by the Council of Ministers.

The above functions show that the real authority is vested with the Council of Ministers headed by the Chief Minister. The Council of Ministers is the real executive in the State. The position of the State Council of Ministers largely depends upon the strength of the ruling party in the State Assembly and the personality of the Chief Minister. The position of the Chief Minister is more powerful when his party is in power in the Centre as well. As long as the Chief Minister and his Council of Ministers enjoy the confidence of majority in the Legislative Assembly, he exercises the real executive power in the State.

·       State Council of Ministers

       I.            State Council of Ministers are similar to Central Council of Ministers. The state council is headed by the Chief Minister. The council comprises ministers appointed by the governor on the recommendation of the CM.

    II.            They are appointed by the governor on the advice of the CM. Governor also appoints a tribal affairs minister for the following states:

A.    Chhattisgarh

B.    Jharkhand

C.    Madhya Pradesh

D.   Odisha

Note: Bihar was also one of the states to have tribal affairs minister, however, 94th Amendment Act 2006 freed Bihar from this obligation.

The total strength of the CM + Com shall not exceed 15% of the strength of the legislative assembly [91st amendment]. But the number of CM + Com shall not be less than 12. The person who has been disqualified on grounds of defection shall also be disqualified to be appointed as the CM / Minister. [91st amendment].

·       Category of Ministers

There are three categories of ministers in the council:

A.     Cabinet: They attend cabinet meetings and play important role in state government.

B.     Minister of state: They can be independent in charge of department that aren’t attached to cabinet ministries or in charge of specific department part of a ministry /specific work in a ministry which is headed by a cabinet minister. They take part in cabinet meetings only on special invitation.

C.     Deputy Minister: They are attached to cabinet ministers or ministers       of state and assist them in their work.

·        Collective Responsibility

Ø The provision of collective responsibility is dealt with by Article 164. The Article mentions that the council of ministers are collectively responsible to the state legislature. This means that all the ministers own joint responsibility to the legislative assembly for all their acts of omission and commission.

Ø Note:

Ø When the legislative assembly passes a no-confidence motion against the council, all the ministers of the council have to resign including those belonging to Legislative Council too.

Ø The council of ministers can advise the governor to dissolve the legislative assembly on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections. The governor may not oblige the council of ministers which has lost the confidence of the legislative assembly.