Chief Minister’s position in
state is analogous to the prime ministers position at the
centre.
The governor
appoints the leader of the largest party of the house or
leader chosen by the
largest coalition to become the chief minister. The
governor may exercise
situational discretion if no party has clear majority. He
may ask a leader to
become chief minister and then prove his majority on floor
of the house.
In
case the chief minister dies and no successor is present
then the governor may appoint
one at his discretion but if the ruling party has a
nominee then the governor
has no choice but to appoint that person.
CM must become member of either house within 6 months or else he ceases to become the CM. CM occupies position at the governors pleasure but the governor can’t dismiss him till he has a majority in the house.
Ø As head of the council of ministers he recommends people to be appointed as ministers to the governor. He allocates and reshuffles portfolios amongst them. He can ask the minister to resign or tell the governor to dismiss him. He supervises activities of all ministers. His resignation or death leads to dissolution of the council of ministers.
Ø He communicates to the governor all matters related to administration of the state and proposed legislations. He furnishes information required by the governor relating to administration of the union or proposed legislations. He submits to the consideration of the council of ministers any matter on which decision has been taken by an individual minister but the CoM hasn’t considered it.
Ø He can advice governor to summon or prorogue the house sessions. He can advice dissolution of legislative assembly to the governor anytime. He announces government policies on the floor of the house.
Ø He is advisor of governor regarding appointments to various regulators and constitutional bodies of the union.
The CM + Council of ministers are
the real executives of the state. They aid and advice
the governor in the
exercise of his functions but such advice is not binding
on the governor. 42nd
amendment didn’t make it binding on the governor as it
did to the president.
Governor has been given discretionary powers
too. No court shall inquire into
the advice given by the CoM to the governor. The council
shall always be there
to aid and advice the governor hence even if the
legislative assembly is
dissolved or the council has resigned still they have to
continue in office
till their successors are assuming charge.
The total strength of the CM +
CoM shall not exceed 15% of the strength of the
legislative assembly [91st
amendment]. But the number of CM + CoM shall not be
less than 12. The person
who has been disqualified on grounds of defection shall
also be disqualified to
be appointed as the CM / Minister. [91st amendment].
Council of ministers is
collectively responsible to the legislative assembly. A
minister who isn’t a
member of any house for six consecutive months shall cease
to be the minister.
A minister can take part in proceeding of both houses as
he is member of the
government but can vote only in the house of which he’s a
member.
A member of any house
disqualified on grounds of defection shall be disqualified
from becoming a
minister too.
Collective responsibility: This
means that entire CoM is a team that sinks or swims
together. So if the
legislative assembly passes a no confidence motion against
the CoM then all
have to resign. Only the legislative assembly can pass the
motion of no confidence;
it can’t be against a single minister but the entire CoM
only.
This is due to the provision in
the constitution saying:
"Council of ministers is collectively
responsible to the
legislative assembly."
There are three categories of
ministers in the council:
Ø Cabinet: They attend cabinet meetings and play important role in state government.
Ø Minister of state: They can be independent in charge of department that aren’t attached to cabinet ministries or in charge of specific department part of a ministry /specific work in a ministry which is headed by a cabinet minister.
Ø Deputy Minister: They are attached to cabinet ministers or ministers of state and assist them in their work.
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