The Chief Minister (CM) is the real head of the state government in India. Unlike the Governor, who serves as the nominal executive, the CM is the real executive authority. This position is referred to as the ‘de facto‘ executive, meaning the practical leader of the government.
Appointment of Chief Minister
The process of appointing a Chief Minister is outlined in Article 164 of the Constitution of India. The Governor appoints the CM, typically the leader of the majority party in the Legislative Assembly. In cases where no party secures a majority, the Governor exercises discretion to appoint a suitable candidate.
- If a Chief Minister dies, the Governor can appoint a successor based on party recommendations.
- A person not a member of the legislature can be appointed but must secure a seat within six months.
Term of Office
The term of the Chief Minister is not fixed. The CM serves during the pleasure of the Governor but must maintain the confidence of the Legislative Assembly. If the CM loses majority support, they must resign.
Main Functions of the Chief Minister
The Chief Minister has various responsibilities, including:
- Leading the Council of Ministers.
- Communicating decisions to the Governor.
- Advising the Governor on appointments and administrative matters.
- Managing the legislative agenda and announcing policies.
Relationship with the Council of Ministers
The Chief Minister heads the Council of Ministers, which is appointed by the Governor on the CM’s advice. The CM has the authority to:
- Recommend appointments of ministers.
- Reshuffle portfolios among ministers.
- Request resignations from ministers.
Interaction with the Governor
The Chief Minister acts as the primary link between the Governor and the Council of Ministers. Duties include:
- Reporting decisions made by the Council.
- Advising on appointments of key officials.
- Providing information as requested by the Governor.
Role in State Legislature
The CM is the leader of the house in the state legislature. Responsibilities include:
- Advising the Governor on legislative sessions.
- Recommending the dissolution of the Legislative Assembly.
- Announcing government policies in the assembly.
Composition of the Council of Ministers
The Council of Ministers consists of various tiers:
- Cabinet Ministers
- Ministers of State
- Deputy Ministers
The size and composition are determined by the Chief Minister, but a maximum of 15% of the total strength of the Legislative Assembly can be ministers.
Collective Responsibility
According to Article 164, the Council of Ministers is collectively responsible to the Legislative Assembly. If a no-confidence motion is passed, all ministers must resign. This ensures that the council remains accountable for its actions.
Individual Responsibility
Each minister holds office at the Governor’s pleasure but acts on the Chief Minister’s advice. If a minister’s performance is unsatisfactory, the CM can recommend dismissal or request resignation.
Legal Responsibility
Ministers are not legally responsible for their actions in the same way as at the central level. There is no requirement for a minister to countersign the Governor’s orders.
Chief Minister’s Powers and Functions
The Chief Minister’s powers include:
- Communicating with the Governor about administrative decisions.
- Presiding over Council meetings and influencing decisions.
- Managing financial matters and crisis situations.
- Framing laws and policies for the state.
Responsibilities of the Chief Minister
The CM has numerous responsibilities, including:
- Forming the cabinet and allotting portfolios.
- Overseeing state administration and policy implementation.
- Making key financial decisions.
- Leading the legislative assembly and representing the government.
Oath of Office
Before taking office, the Chief Minister and the Council of Ministers take an oath administered by the Governor. They pledge loyalty to the Constitution and commit to impartiality in their duties.
Constitutional Articles Related to the Chief Minister
Several articles in the Constitution detail the roles and responsibilities of the Chief Minister:
- Article 163: Establishes the Council of Ministers to aid and advise the Governor.
- Article 164: Outlines the appointment and responsibilities of ministers.
- Article 166: Governs the conduct of the business of the state government.
- Article 167: Details the CM’s duties in informing the Governor.
Salary and Allowances
The state legislature determines the salary, allowances, and benefits for the Chief Minister and Council of Ministers. This includes housing and travel allowances.
