The Chief Minister is the real head of the State Government.
At the State level, the Chief Minister plays a role similar to the Prime Minister at the Union level.
The Governor is the constitutional or nominal head of the State, while the Chief Minister is the de facto head, meaning the real executive head of the State.
The chapter also covers the State Council of Ministers, which works under the leadership of the Chief Minister.
Table of Contents
Chief Minister As Real Head Of The State
The Chief Minister is the political and administrative head of the State Government.
He leads the Council of Ministers and coordinates the functioning of different departments.
He is also the main link between the Governor and the Council of Ministers.
Appointment Of Chief Minister – Article 164
Under Article 164, the Chief Minister is appointed by the Governor.
Usually, the leader of the majority party in the State Legislative Assembly is appointed as the Chief Minister.
The Chief Minister may be a member of either House of the State Legislature.
However, in practice, he is usually selected from the State Legislative Assembly.
Oath Of Chief Minister
The Chief Minister is given oath by the Governor.
The oath includes commitment to the Constitution, the sovereignty and integrity of India, and faithful discharge of duties.
Term Of Chief Minister
The Chief Minister holds office during the pleasure of the Governor.
However, in the real working of parliamentary government, he continues in office as long as he enjoys majority support in the State Legislative Assembly.
Salary And Allowances
The salary and allowances of the Chief Minister are determined by the State Legislature.
Powers And Functions Of Chief Minister
The Chief Minister has wide powers in the State Government.
He controls the Council of Ministers, coordinates administration, advises the Governor and leads the State Legislature.
Powers Related To Ministers
The Chief Minister plays the central role in the formation and functioning of the Council of Ministers.
- Ministers are appointed by the Governor on the recommendation of the Chief Minister.
- He allocates portfolios among ministers.
- He reshuffles portfolios when required.
- He can ask a minister to resign.
- He can advise the Governor to dismiss a minister.
- He presides over meetings of the Council of Ministers.
Chief Minister And Collapse Of Council Of Ministers
The Chief Minister can bring about the collapse of the Council of Ministers by resigning from office.
His resignation or death automatically dissolves the Council of Ministers.
This is because the Council of Ministers exists under his leadership.
Chief Minister In Relation To The Government
The Chief Minister is the principal channel of communication between the Governor and the Council of Ministers.
Main Duties Toward The Governor
The Chief Minister:
- Communicates to the Governor all decisions of the Council of Ministers relating to the administration of the State.
- Gives information relating to State administration when the Governor asks for it.
- Gives information about proposals for legislation when the Governor calls for it.
- Advises the Governor regarding appointment of important officials.
Important Appointments Advised By Chief Minister
The Chief Minister advises the Governor regarding appointments such as:
- Advocate General.
- Chairman and members of the State Public Service Commission.
- State Election Commissioner.
- Other important officials.
Chief Minister In Relation To State Legislature
The Chief Minister also plays an important role in the State Legislature.
Legislative Functions
- He advises the Governor regarding summoning sessions of the State Legislature.
- He advises the Governor regarding prorogation of sessions.
- He can recommend dissolution of the State Legislative Assembly to the Governor.
- He announces government policies on the floor of the House.
Other Powers Of Chief Minister
Apart from executive and legislative responsibilities, the Chief Minister also has other important roles.
- He is the Chairman of the State Planning Board.
- He acts as Vice-Chairman of the concerned Zonal Council by rotation for a 1-year term.
- He is the chief spokesperson of the State Government.
- He is the political head of the services.
State Council Of Ministers
The State Council of Ministers works under the leadership of the Chief Minister.
It aids and advises the Governor in the exercise of his functions, except where the Governor is required to act in his discretion.
Article 163 – Council Of Ministers To Aid And Advise Governor
Article 163 provides that there shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor.
However, this advice is not required in matters where the Governor has to act in his discretion.
Governor’s Discretion Under Article 163
If any question arises whether a matter falls within the Governor’s discretion or not, the decision of the Governor is final.
The advice given by ministers to the Governor cannot be inquired into in any court.
Article 164 – Appointment And Rules Related To Ministers
Article 164 deals with the appointment and functioning of ministers in the State.
Important Provisions Of Article 164
- The Chief Minister is appointed by the Governor.
- Other ministers are appointed by the Governor on the advice of the Chief Minister.
- Ministers hold office during the pleasure of the Governor.
- Ministers are given oath by the Governor.
- The Council of Ministers is collectively responsible to the State Legislative Assembly.
- Ministers’ salaries and allowances are decided by the State Legislature.
- A minister must become a member of the State Legislature within 6 months, otherwise he ceases to be a minister.
- Individual responsibility of ministers is towards the Governor of the State.
Tribal Welfare Minister Provision
In the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there must be a minister in charge of Tribal Welfare.
This minister may also be in charge of the welfare of Scheduled Castes and backward classes.
The 94th Constitutional Amendment Act, 2006 excluded Bihar from this list.
State Council Of Ministers – Composition Rules
The State Council of Ministers has constitutional limits after the 91st Constitutional Amendment.
Maximum Strength
The total strength of the Council of Ministers should not exceed 15% of the strength of the State Legislative Assembly.
Minimum Strength
The number of ministers, including the Chief Minister, shall not be less than 12.
This rule was added by the 91st Constitutional Amendment Act, 2003.
Defection And Ministerial Office
A member of either House of the State Legislature who belongs to a political party and is disqualified on the ground of defection is also disqualified from being appointed as a minister.
This was also provided by the 91st Constitutional Amendment Act, 2003.
Composition Of State Council Of Ministers
The Constitution does not define the exact size or ranking of the State Council of Ministers.
These are determined by the Chief Minister according to the needs of the situation.
Like the Union Council of Ministers, the State Council of Ministers generally consists of:
- Cabinet Ministers
- Ministers of State
- Deputy Ministers
These categories differ in rank, emoluments and political importance.
Cabinet Ministers
Cabinet Ministers lead important departments.
They attend Cabinet meetings and help shape important government policies.
Cabinet Committees
The State Cabinet works through:
- Standing committees – permanent committees.
- Ad hoc committees – temporary committees.
These committees are formed by the Chief Minister according to need.
They discuss issues, prepare proposals and make decisions, subject to Cabinet review.
Ministers Of State
Ministers of State may:
- Head departments independently, or
- Assist Cabinet Ministers.
They do not generally attend Cabinet meetings unless invited.
Deputy Ministers
Deputy Ministers support Cabinet Ministers in different tasks.
They are not members of the Cabinet.
Sometimes, a Deputy Chief Minister is appointed for administrative or political reasons.
Chief Minister Vs Governor
| Basis | Chief Minister | Governor |
|---|---|---|
| Position | Real head of State Government | Constitutional head of State |
| Appointment | Appointed by Governor | Appointed by President |
| Role | Runs government with Council of Ministers | Acts mostly on aid and advice |
| Responsibility | Responsible to Legislative Assembly | Not responsible to Legislature |
| Main function | Leads Council of Ministers | Constitutional and discretionary functions |
| Removal in practice | Depends on Assembly majority | Holds office during President’s pleasure |
Chief Minister Vs State Council Of Ministers
| Basis | Chief Minister | State Council Of Ministers |
|---|---|---|
| Position | Head of Council | Body of ministers |
| Appointment | Appointed by Governor | Appointed by Governor on CM’s advice |
| Resignation effect | Entire Council collapses | Individual resignation creates vacancy |
| Function | Guides and coordinates | Aids and advises Governor |
| Responsibility | Leads executive | Collectively responsible to Assembly |
Important Facts At A Glance
| Topic | Fact |
|---|---|
| Chief Minister | De facto head of the State |
| Appointment Article | Article 164 |
| Appointed by | Governor |
| Oath administered by | Governor |
| Term | Pleasure of Governor |
| Salary and allowances | State Legislature decides |
| Principal communication link | Between Governor and Council of Ministers |
| Duties toward Governor | Article 167 |
| Council of Ministers | Article 163 |
| Other ministers appointed by | Governor on CM’s advice |
| Collective responsibility | State Legislative Assembly |
| Maximum minister strength | 15% of State Legislative Assembly |
| Minimum number of ministers | 12 |
| Amendment | 91st Constitutional Amendment Act, 2003 |
| Tribal Welfare Minister states | Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha |
| Bihar excluded by | 94th Constitutional Amendment Act, 2006 |
FAQs On Chief Minister And State Council Of Ministers
Who is the real head of the State Government?
The Chief Minister is the real or de facto head of the State Government.
Which Article deals with appointment of Chief Minister?
Article 164 deals with the appointment of the Chief Minister by the Governor.
Who appoints the Chief Minister?
The Governor appoints the Chief Minister.
Can the Chief Minister be a member of either House?
Yes. The Chief Minister may be a member of either House of the State Legislature.
Who administers oath to the Chief Minister?
The Governor administers oath to the Chief Minister.
What is the term of the Chief Minister?
The Chief Minister holds office during the pleasure of the Governor, but in practice he must enjoy majority support in the Legislative Assembly.
What happens if the Chief Minister resigns?
If the Chief Minister resigns, the entire Council of Ministers stands dissolved.
Which Article deals with the State Council of Ministers?
Article 163 provides for a Council of Ministers with the Chief Minister as the head to aid and advise the Governor.
What is Article 167 related to?
Article 167 deals with the duties of the Chief Minister to communicate decisions and information to the Governor.
To whom is the State Council of Ministers collectively responsible?
The State Council of Ministers is collectively responsible to the State Legislative Assembly.
What is the maximum size of the State Council of Ministers?
The total strength cannot exceed 15% of the strength of the State Legislative Assembly.
What is the minimum number of ministers in a State?
The number of ministers, including the Chief Minister, shall not be less than 12.
Which amendment fixed the size of the State Council of Ministers?
The 91st Constitutional Amendment Act, 2003 fixed the size limit of the State Council of Ministers.
Which states must have a Tribal Welfare Minister?
Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha must have a Tribal Welfare Minister.
Which amendment excluded Bihar from the Tribal Welfare Minister list?
The 94th Constitutional Amendment Act, 2006 excluded Bihar from this list.
What are the categories of ministers in the State Council?
The State Council generally includes Cabinet Ministers, Ministers of State and Deputy Ministers.
Last Moment Exam Cheat Sheet – Chief Minister And State Council Of Ministers
- Chief Minister – De facto or real head of the State.
- Article 164 – Chief Minister appointed by Governor.
- Membership – May be member of either House of State Legislature.
- Usually selected from – State Legislative Assembly.
- Oath – Administered by Governor.
- Term – Pleasure of Governor.
- Salary and allowances – Decided by State Legislature.
- Ministers appointed by – Governor on Chief Minister’s recommendation.
- Portfolio allocation – Done by Chief Minister.
- CM resignation or death – Council of Ministers automatically dissolves.
- Article 167 – CM communicates decisions and information to Governor.
- CM advises Governor – On Advocate General, SPSC, SEC and other appointments.
- State Legislature role – CM advises summoning, prorogation and dissolution.
- Other powers – Chairman of State Planning Board, Vice-Chairman of Zonal Council by rotation, chief spokesperson, political head of services.
- Article 163 – Council of Ministers aids and advises Governor.
- Governor’s discretion question – Governor’s decision is final.
- Ministerial advice to Governor – Cannot be inquired into by any court.
- Article 164 – Appointment and rules of ministers.
- Tribal Welfare Minister – Required in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.
- 94th Amendment Act, 2006 – Excluded Bihar from Tribal Welfare Minister list.
- Council strength maximum – 15% of State Legislative Assembly.
- Minimum ministers – 12 including Chief Minister.
- 91st Amendment Act, 2003 – Added ministerial size limit and defection-related disqualification.
- Collective responsibility – To State Legislative Assembly.
- Minister must become MLA/MLC – Within 6 months.
- Individual responsibility – To Governor.