Chief Minister & State Council of Ministers

Chief Minister & State Council of Ministers

Notes

Art. 163 gives the Governor a Council of Ministers with the Chief Minister (CM) at the head to aid and advise him. Art. 164 governs appointment and responsibility.

Chief Minister

• Appointed by the Governor; usually the leader of the majority party in the Assembly. When no party has a majority, the Governor uses discretion (invite the single largest party or pre-poll alliance, then test on the floor, as in S.R. Bommai, 1994).
• Not a member of the legislature: can be appointed but must be elected within six months (Art. 164(4)). S.R. Chaudhuri v State of Punjab (2001): such a person cannot be reappointed repeatedly for successive six-month terms.
• Art. 167: the CM must communicate to the Governor all decisions on administration and legislation, furnish information he calls for, and submit for the Council's consideration any matter decided by a minister alone.
• He is the head of the Cabinet, link between Governor and Council, leader of the House and chairs the State Planning Board; he takes part in the Inter-State Council and Zonal Councils.

Council of Ministers

• Cabinet Ministers, Ministers of State, Deputy Ministers.
• Collectively responsible to the Legislative Assembly (Art. 164(2)).
• 91st Amendment (2003): the Council must not exceed 15% of the Assembly's strength, with a minimum of 12 ministers (Delhi: 10%). Members disqualified for defection cannot be ministers.
• Art. 164(1) proviso (94th Amendment, 2006): a minister in charge of tribal welfare in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha; Bihar was removed from this list.
• Ministers hold office during the Governor's pleasure; oath administered by the Governor.
• A CM's resignation or death dissolves the Council.

Key Points

• CM appointed by the Governor; Council appointed on the CM's advice.
• Responsible to the Legislative Assembly (collective responsibility).
• 91st Amendment: ministers max 15% of Assembly; minimum 12 in a State.
• Non-member can be minister for six months only.
• Art. 167: CM's duties to the Governor.

MCQs

Q1. The minimum number of ministers in a State Council of Ministers (including the CM) is: (a) 8 (b) 10 (c) 12 (d) 15 Ans: (c). 91st Amendment.

Q2. The State Council of Ministers is collectively responsible to: (a) Governor (b) Legislative Assembly (c) Chief Minister (d) Legislative Council Ans: (b). Art. 164(2).

Q3. A non-legislator can be a Chief Minister for a maximum of: (a) 3 months (b) 6 months (c) 1 year (d) Until the next election Ans: (b). Art. 164(4).