The State Council of Ministers (CoM) is the executive authority in states of India. The CoM operates under the guidance of the Chief Minister and is responsible for advising the Governor. The structure and roles of the CoM are defined in the Constitution of India.
Constitutional Provisions
The State Council of Ministers is governed by several articles in the Constitution of India:
- Article 163: Establishes the CoM to aid and advise the Governor.
- Article 164: Outlines the appointment and tenure of ministers.
- Article 166: Details the conduct of business in state government.
- Article 167: Specifies the Chief Minister’s duties to the Governor.
- Article 177: Grants rights to ministers in the state legislature.
Composition of the State Council of Ministers
The CoM comprises three main categories of ministers:
- Cabinet Ministers: Head key departments like Finance and Defence.
- Ministers of State (MoS): Assist Cabinet Ministers or hold independent charge.
- Deputy Ministers: Support Cabinet Ministers without independent authority.
The size of the CoM is not fixed but is limited to 15% of the Legislative Assembly’s strength, with a minimum of 12 ministers.
Appointment of Ministers
The Governor appoints the Chief Minister. Other ministers are appointed on the Chief Minister’s advice. A non-legislator can be appointed but must join the legislature within six months. Ministers hold office during the Governor’s pleasure.
Oaths and Affirmations
Ministers take two oaths before assuming office:
- Oath of Office: Affirms allegiance to the Constitution and commitment to duties.
- Oath of Secrecy: Promises confidentiality regarding state matters.
Roles of the State Council of Ministers
The CoM serves several key functions:
- Acts as the highest decision-making authority.
- Formulates and implements government policies.
- Coordinates state administration.
- Advises the Governor on various matters.
- Manages legislative and financial affairs.
Responsibility of Ministers
Ministers have two types of responsibilities:
- Collective Responsibility: The CoM is accountable to the Legislative Assembly. If a No-Confidence Motion passes, all ministers must resign.
- Individual Responsibility: Each minister is responsible for their actions and can be dismissed by the Governor on the Chief Minister’s advice.
Nature of Advice by State Council of Ministers
The advice given to the Governor is confidential. Courts cannot question the nature of this advice. This ensures a close working relationship between the Governor and the CoM.
Council of Ministers vs Cabinet
While the terms are often used interchangeably, they have distinct differences:
- The Council of Ministers is larger, including all categories of ministers.
- The Cabinet is smaller, consisting only of Cabinet Ministers.
- The Cabinet meets regularly to make decisions, while the Council does not meet as a body.
Cabinet Committees
The Cabinet operates through committees, which can be either:
- Standing Committees: Permanent in nature.
- Ad Hoc Committees: Temporary and formed as needed.
These committees help streamline decision-making and manage specific issues.
Kitchen Cabinet or Inner Cabinet
The Kitchen Cabinet is an informal group of trusted advisers to the Chief Minister. It is smaller and meets more frequently, allowing for efficient decision-making. However, it can undermine the formal Cabinet’s authority.
Salaries and Allowances of Ministers
The State Legislature determines the salaries and allowances of ministers. They receive salaries equivalent to Members of the State Legislature, along with additional benefits like free accommodation and medical facilities.
Legal Responsibility of Ministers
Ministers in India do not have legal accountability for their actions under the Constitution. Unlike in some other countries, there is no requirement for a minister to countersign a Governor’s order.
Factors Influencing Ministerial Composition
When forming the CoM, several factors are considered:
- Regional representation.
- Community and caste representation.
- Gender diversity.
- Capability and experience of ministers.
- Integrity and moral standards.
The State Council of Ministers plays a vital role in the governance of state of India. Its structure and functions ensure effective administration and policy implementation. Through its advisory capacity and decision-making authority, it maintains the integrity of the state’s executive branch.
