Article: Council of Ministers at Madhya Pradesh Exceeds Constitutional Strength Limit
In recent developments, it has been noted that the Council of Ministers (CoM) in Madhya Pradesh has expanded beyond its constitutionally prescribed limit, raising certain questions about the political framework of the state.
The Expansion Beyond the Constitutionally Stipulated Limit
The Council of Ministers in Madhya Pradesh has recently undergone an expansion that has increased the strength of the council to 34. This increment is more than 15% of the current effective strength of legislators in the assembly, standing at 206. The ‘effective strength’ of a house is derived by subtracting the presently vacant seats from the total strength of the house.
According to Article 164 (1A) of the Constitution, it has been mandated that the total number of ministers in a Council of Ministers for a state, inclusive of the Chief Minister, should not go beyond 15% of the total members of the Legislative Assembly of that state. However, a minimum of twelve ministers including the Chief Minister, is required. This provision was incorporated into the constitution through the 91st Constitution (Amendment) Act, 2003.
In March 2020, the original assembly strength of 228 dropped down to 206 when 22 rebel Congress MLAs resigned, leading to the fall of the existing government in the state. Aside from these resignations, two seats had become vacant due to deaths.
Understanding the Formation and Functioning of the State’s Council of Ministers
The Council of Ministers in the Indian states operates similarly to the Council of Ministers at the Centre. As per Article 163 (1) of the Constitution, there should be a Council of Ministers under the leadership of the Chief Minister to assist and advise the Governor in executing his functions.
However, the Constitution neither states the size of the State Council of Ministers nor designates the rankings of the ministers. These parameters are determined by the discretion of the Chief Minister according to the prevailing circumstances and necessary requirements.
Further details of the appointment and responsibilities of the Council are outlined in several constitutional provisions. According to Article 164 (1), while the Governor appoints the Chief Minister, other Ministers are appointed by the Governor based on the advice of the Chief Minister.
Special Provisions for Certain States
For certain states such as Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, there is a special provision stating the need for a Minister responsible for tribal welfare, who may additionally oversee the welfare of scheduled castes, backward classes or undertake any other work.
Additionally, Articles 164 (2), 164 (4) and 164 (1B) set out further guidelines for the Council of Ministers. Article 164 (2) holds that the Council of Ministers shall be collectively accountable to the State Legislative Assembly. Article 164 (4) allows a person to remain as a Minister without being a member of the state legislature for a consecutive period of six months. Lastly, Article 164 (1B) disqualifies any member of either House of the state legislature disqualified on grounds of defection from being appointed as a Minister.
The current strength of the Council of Ministers in Madhya Pradesh exceeds the constitutionally prescribed limit, prompting a keen analysis and revaluation of the formation and operation of the state’s Council of Ministers.
