Chief Minister and Council of Ministers, Appointment, Role

The Chief Minister and the Council of Ministers together form the backbone of the executive machinery in each state, driving both governance and administration. The Chief Minister, as the elected head of government, leads the State Council of Ministers in each of India’s 28 states and select union territories, such as Delhi, Jammu and Kashmir, and Puducherry.

In this capacity, the Chief Minister exercises the real executive authority, or de facto executive power, within the framework of the Parliamentary System of Government as outlined in the Indian Constitution. Moreover, the Chief Minister and Council of Ministers play a pivotal role in shaping the state’s policies and programs, ensuring their effective implementation.

Chief Minister and Council of Ministers Constitutional Provisions

The Chief Minister and the Council of Ministers, as outlined in Part VI of the Indian Constitution, form a key part of the state executive, alongside the Governor and Advocate General of State. The following are the constitutional provisions:

• Article 163 establishes that the Council of Ministers, headed by the Chief Minister, is responsible for aiding and advising the Governor in the exercise of most of the Governor’s functions, except the discretionary ones.
  • If any question arises regarding whether a matter falls within the discretionary powers, the decision made by the Governor is final, and the validity of any action taken cannot be challenged on the grounds that it should or should not have been done at the Governor’s discretion.
  • Furthermore, the advice given by the Ministers cannot be examined by any court.
• Article 164 outlines other provisions regarding the appointment, roles, and responsibilities of ministers, including the Chief Minister, within the state government.
• Article 166 deals with the conduct of the business of the state government.
• Article 167: Under Article 167, it is the Chief Minister’s duty to inform the Governor of all decisions made by the Council of Ministers regarding state administration and legislative proposals.
  • He must also provide any information the Governor requests about state affairs and legislation.
  • Additionally, if required, the Chief Minister must present any matter decided by a minister but not yet reviewed by the Council of Ministers for its consideration.
• Rights of Ministers: Article 177 grants ministers including the Chief Minister the right to speak in, and participate in the proceedings of, the legislative assemblies and councils of the state, as well as any committee of the state legislature of which they may be named a member.
  • However, they do not have the right to vote unless they are members of a particular House of bicameral state legislature.

Chief Minister Appointment

The Constitution provides no specific procedure for selecting or appointing the Chief Minister, stating only in Article 164 that the Chief Minister is appointed by the Governor. While this appointment is at the Governor’s discretion, the Governor traditionally appoints the leader of the majority party in the legislative assembly as Chief Minister, following parliamentary conventions.

• Absence of a Clear Majority: If no party has a clear majority, the Governor may use personal discretion to appoint the leader of the largest party or coalition as Chief Minister and require a confidence vote within a month.
  • Moreover, in cases where a Chief Minister dies unexpectedly without an obvious successor, the Governor may exercise judgment in the selection, although the ruling party typically elects a new leader for appointment.
• Membership Criteria: The Governor may also appoint a Chief Minister before h/she proves a majority in the assembly, granting time to do so.
  • A person not yet a member of the state legislature can be appointed as Chief Minister but must secure a legislative seat within six months to retain the position.

Appointment of Council of Ministers

The Chief Minister advises the Governor on the appointment of the Council of Ministers, meaning the Governor can only appoint those individuals recommended by the Chief Minister. Ministers serve at the discretion of the Governor.

• While the Council of Ministers is typically appointed from the state legislature, either the legislative assembly or council, a person who is not yet a member can also be appointed. However, such a minister must join either House within six months, or he/she will lose ministerial position.

Chief Minister and Council of Ministers Disqualification

The 91st Constitutional Amendment Act, 2003 stipulates that any member of the state legislature, belonging to a political party, who is disqualified due to defection, shall also be ineligible for appointment as a minister or Chief Minister.

Chief Minister and Council of Ministers Oath and Terms of Office

Before assuming office, the Chief Minister and Council of Ministers take oaths of office and secrecy administered by the Governor. In the oath of office they pledge loyalty to the Constitution, dedication to India’s sovereignty, impartiality in duties, and commitment to serve all people following the Constitution and the law, without fear, favor, affection, or ill-will.

• Oath of secrecy: Ensures that the Chief Minister and Council of Ministers will not disclose any confidential information acquired in office, except as needed for official duties.
• Terms of Office: The terms of office of the Chief Minister and Council of Ministers are not fixed and depend on maintaining the confidence of the legislative assembly.
• However, if this support is lost, the Governor may dismiss such Chief Minister and Council.
• Salary and Allowances: The state legislature determines the salary, allowances, and additional benefits of the Chief Minister and Council of Ministers, such as housing and travel allowances.

Chief Minister Powers and Functions

The Chief Minister holds a key role in state administration. However, the Governor’s discretionary powers somewhat affect the Chief Minister’s authority, influence, and role in the state’s functioning. The powers and functions of the Chief Minister can be categorized into the following areas.

• With Council of Ministers: The Chief Minister recommends ministers for appointment by the Governor and allocates or reshuffles their portfolios.
  • In case of disagreements, the Chief Minister can ask a minister to resign or advise the Governor to dismiss him/her.
  • The Chief Minister presides over council meetings, influences decisions, and guides, directs and coordinates the activities of all ministers.
  • Impact of Chief Minister’s Resignation or Death: The Chief Minister’s resignation or death leads to the collapse of the entire council of ministers, while the resignation or death of other ministers only creates vacancies that the Chief Minister may choose to fill.
• With the Governor: The Chief Minister serves as the main communication link between the Governor and the Council of Ministers.
  • It is his duty to inform the Governor of all decisions made by the Council regarding state administration and legislation, provide requested information, and submit matters for the Council’s consideration if required.
  • Additionally, the Chief Minister advises the Governor on the appointment of key officials, such as the Advocate General, State Public Service Commission members, State Public Service Commission members, and the State Election Commissioner.
• With State Legislature: The Chief Minister advises the Governor on summoning or proroguing legislative sessions and can recommend the dissolution of the legislative assembly at any time. Additionally, he announces government policies in the legislative house.
• Other Powers and Functions: The Chief Minister also holds several key positions, including chairman of the State Planning Board and rotating vice-chairman of the zonal council for one year.
  • He serves as a member of the Inter-State Council and the Governing Council of NITI Aayog, both led by the Prime Minister.
  • Additionally, the Chief Minister is the state’s chief spokesman, crisis manager during emergencies.

Council of Ministers Composition and Responsibilities

Council of Ministers, including the Chief Minister, cannot have more than 15 percent of the total strength of the legislative assembly in a state. However, the number of ministers, including the Chief Minister, must not be fewer than 12. This provision was introduced by the 91st Amendment Act of 2003.

• Composition: The Constitution does not define the size or ranking of the state council of ministers; these are determined by the Chief Minister based on the situation’s needs. Similar to the Centre, the state council consists of cabinet ministers, ministers of state, and deputy ministers, with differences in rank, emoluments, and political significance.
  • Cabinet ministers lead key departments, attend cabinet meetings, and help shape policies.
    • Cabinet Committee: The state cabinet functions through standing (permanent) and ad hoc (temporary) committees formed by the Chief Minister as needed. These committees address issues, draft proposals, and make decisions, subject to cabinet review.
  • Ministers of State may head departments or assist cabinet ministers without attending cabinet meetings.
  • Deputy ministers support cabinet ministers in various tasks but are not members of the cabinet, and sometimes a deputy chief minister is appointed for administrative/political reasons.

Council of Ministers Collective Responsibility

The collective responsibility of the Council of Ministers, as outlined in Article 164, means that all ministers are jointly accountable to the legislative assembly for their actions. If a no-confidence motion is passed against the council, all ministers, including those from the legislative council, must resign.

• Alternatively, the council can advise the governor to dissolve the assembly and call for fresh elections if the House no longer reflects the electorate’s views.
• Additionally, all cabinet ministers must support and defend cabinet decisions, and any minister who disagrees and cannot support the decision must resign.

Council of Ministers Individual Responsibility

Individual responsibility, as outlined in Article 164, means that the Council of Ministers holds office at the pleasure of the governor. While the governor can remove a minister, this can only be done on the chief minister’s advice, ensuring the rule of collective responsibility. If a minister’s performance is unsatisfactory, the chief minister can either ask for their resignation or recommend dismissal to the governor.

No Legal Responsibility

Like at the Centre, the Constitution does not mandate the legal responsibility of ministers in the states. There is no requirement for a minister to countersign the governor’s order for public acts, and the courts cannot inquire into the advice given by ministers to the governor.