Chief Minister and Council of Ministers – Overview

The Chief Minister is the elected head of the state government, while the Council of Ministers assists the CM in running the administration. Together, they hold the real executive authority at the state level, while the Governor acts as the nominal head.

Constitutional Provisions:

Article 163: Council of Ministers aids and advises Governor (except in discretionary matters).
Article 164: Appointment, roles, and responsibilities of CM and ministers.
Article 166: Conduct of business of the state government.
Article 167: CM must keep Governor informed about decisions of Council of Ministers and provide information as requested.
Article 177: Ministers have the right to speak and participate in legislative proceedings (without voting rights unless they are members).

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Appointment

Chief Minister

Appointed by the Governor.
Usually, the leader of the majority party in the state legislative assembly is appointed.
No clear majority: Governor may exercise discretion to appoint the largest party/coalition leader; a confidence vote must be proved within a month.
Eligibility: Must be a member of the legislature within 6 months of appointment; otherwise, disqualified.

Council of Ministers

Appointed by the Governor on CM’s advice.
Ministers are generally members of the state legislature, but non-members can be appointed and must get elected within 6 months.
91st Constitutional Amendment (2003): Ministers disqualified due to defection cannot be appointed CM or minister.

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Oath and Terms of Office

Administered by the Governor.
Oath of Office: Pledge loyalty to the Constitution, dedication to state sovereignty, impartiality, and service to the people.
Oath of Secrecy: Confidentiality of official information.
Term: Dependent on confidence of the legislative assembly; no fixed term.
Salary & Allowances: Determined by state legislature.

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Powers and Functions

A. With Council of Ministers

Recommends ministers for appointment and allocates portfolios.
Can ask ministers to resign or advise Governor to dismiss them.
Presides over council meetings, coordinates and guides all ministers.
CM’s resignation or death collapses entire CoM; individual minister’s resignation affects only their position.

B. With Governor

Main link between Governor and CoM.
Informs Governor of all decisions and submits matters requiring council consideration.
Advises on appointments: Advocate General, State PSC members, State Election Commissioner.

C. With State Legislature

Advises Governor on summoning, proroguing, or dissolving legislative assembly.
Announces government policies and ensures legislative support.

D. Other Roles

Chairman of State Planning Board.
Rotating vice-chairman of Zonal Council (1 year).
Member of Inter-State Council and NITI Aayog Governing Council.
Acts as chief spokesperson of the state and crisis manager during emergencies.
Council of Ministers – Composition
Legal Provision:
91st Constitutional Amendment Act, 2003:
Maximum strength: 15% of the total legislative assembly.
Minimum strength: 12 ministers including the Chief Minister.
Types of Ministers:
Cabinet Ministers:
Head key departments.
Attend cabinet meetings.
Help formulate and implement policies.
Participate in cabinet committees (standing and ad hoc).
Ministers of State:
May hold independent charge of departments or assist Cabinet ministers.
Typically do not attend cabinet meetings unless invited.
Deputy Ministers:
Assist Cabinet ministers in administration and parliamentary work.
Not part of the cabinet.
Deputy Chief Minister: Sometimes appointed for political/administrative reasons.
Cabinet Committees:
Permanent (standing) or temporary (ad hoc) committees formed by CM to streamline decision-making.
Draft proposals and make recommendations for cabinet approval.

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Responsibilities of the Council of Ministers
1. Collective Responsibility (Article 164)
The entire council is jointly accountable to the legislative assembly.
No-confidence motion: If passed, all ministers must resign, including legislative council members.
Can advise Governor to dissolve assembly and call fresh elections if it no longer reflects public mandate.
Cabinet solidarity: All ministers must defend cabinet decisions; those unable to support must resign.
2. Individual Responsibility (Article 164)
Ministers hold office at the pleasure of the Governor.
Governor acts on CM’s advice: Ensures principle of collective responsibility.
Performance-based removal: CM can request a minister’s resignation or advise Governor to dismiss them.
3. No Legal Responsibility
Ministers are not legally responsible for public acts of the Governor.
Governor’s orders: Ministers’ advice is immune from judicial scrutiny.
Significance
Ensures parliamentary governance at the state level.
Combines policy-making, administrative oversight, and political accountability.
Maintains collective responsibility to the state legislature while preserving chief ministerial leadership.