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Council of Ministers and Chief Minister of the State. Complete information UPSC NOTE

State council of ministers

  1. Like the Union, the parliamentary system of governance has been established in the states as well, just as the Prime Minister is the head of the real executive in the center, in the same way the Chief Minister is the head of the real executive in the state.

  2. According to Article 163 of the Constitution, the Governor will do his work at his discretion and with the aid and advice of the Council of Ministers, whose head will be the Chief Minister.

Council of ministers

  1. Just as the Union Council of Ministers plays an important role in the governance of the Center, in the same way the Council of Ministers is the focal point of governance in the state.

  2. According to Article 163, the Governor will act according to his discretion and the advice and assistance of the Council of Ministers. The Chief Minister forms the Council of Ministers through the Governor.

Term of council of ministers

  1. Generally, the tenure of the Council of Ministers is 5 years, but the tenure of the Council of Ministers depends on its majority in the Legislature.

  2. Apart from this, the Council of Ministers is dissolved due to the implementation of President's rule under Article 356 in the state.

Qualifications of ministers

  1. It is necessary for all the members of the Council of Ministers to be members of any House of the Legislature.

  2. If a person is not a member of the Legislature at the time of appointment to the post of Minister, then it is necessary for him to obtain the membership of the Legislature within 6 months, failing to do so, he has to leave the post of Minister.

Number of council of ministers

  1. Under the 91st Amendment Act 2003, the number of ministers cannot exceed 15% of the total strength of the lower house assembly.

  2. But the minimum number of ministers in the Union Territory will be 12 including the Chief Minister, not less than this.

Ministerial division

  1. The division of time among the ministers is done by the Governor according to the advice of the Chief Minister. Under the authority of the minister, there is usually only one major department, but sometimes there are more than one department. Apart from the ministers, in each department, there are permanent officials like secretary, additional secretary, joint secretary, deputy secretary, etc. are |

Swearing in by ministers

  1. The Chief Minister and other Ministers have to take two oaths before the Governor before taking oath [Article 164(3)].

  2. perform the duties of the office,

  3. of privacy.

Chief Minister

  1. The Chief Minister is the head of the Council of Ministers of the State. The Governor will appoint the Chief Minister (Article 164).

  2. According to the constitution, the governor should appoint the leader of the majority party in the assembly as the chief minister, but there is no restriction on the governor regarding the appointment of the chief minister in the constitution.

  3. In the Jayalalithaa case (2001), the Supreme Court in its decision has said that the discretionary power of the Governor regarding the appointment of the Chief Minister is not unlimited. Will be unconstitutional under 164.

  4. After the election of the National Capital Territory of Delhi, the Chief Minister is appointed by the President and the Chief Minister is responsible to the President.

Chief Minister's Qualifications

  1. To become the Chief Minister one must have the following qualifications-

  2. Be a citizen of India.

  3. Must have completed 25 years of age.

  4. Be a member of either of the two houses of the Legislature.

Duration

  1. The term of the Chief Minister is not fixed, his tenure depends on the support of the majority of the assembly.

  2. The Governor has appointed the Chief Minister several times despite having majority on the basis of misuse of his discretion, which has been criticized by the court in its various judgments.

  3. For example, in 1997, Uttar Pradesh Governor Romesh Bhandari replaced Kalyan Singh and appointed Ambika Pal, which was considered illegal by the Supreme Court.

Functions and Powers of the Chief Minister

The Chief Minister is the head of the State Government, there is no such area of ​​administration of the State which is out of the control of the Chief Minister. Following are his important powers –

  1. The Chief Minister is the creator of the Council of Ministers in the state, the Governor appoints the ministers only in consultation with the Chief Minister.

  2. Ministers hold office during the pleasure of the Governor [Article 164(1)]

  3. The Chief Minister distributes the department to the ministers, he can also change their departments as per his wish.

  4. The Chief Minister presides over the Council of Ministers. The Chief Minister calls the meeting of the Council of Ministers. It is the Chief Minister who decides when and where the meeting of the Council of Ministers will be held and on which subjects it will be considered.

  5. The Chief Minister is the maker of the development policies of the state and he also presides over the committees related to development and investment.

  6. The Chief Minister acts as a link between the Governor and the Council of Ministers. According to Article 167, it is the duty of the Chief Minister to give information related to the administration and legislation of the state to the Governor.

  7. The Governor, in consultation with the Chief Minister, appoints the Chairman and members of the High Government Officers and the Advocate General Public Service Commission.


  1. The Chief Minister is also the leader of the Legislative Assembly, so he tries to remove the problems faced in the functioning of the Legislative Assembly together with everyone.

  2. The Chief Minister is also the leader of his party, so he gives a speech for the success of his party in the elections etc.

  3. State Planning Board is headed by

Coalition government and chief minister

  1. The position of the Chief Minister to act as the de facto head of government in the state depends on many factors such as –

  2. If the Chief Minister belongs to the ruling party in the center, then the Chief Minister is able to work effectively, if he belongs to the opposition party of the center, then his position is not strong due to not getting enough help from the center.

  3. The Chief Minister has an effective place in his central party, only then he is able to perform his duties firmly.

  4. The situation of coalition government has arisen from the fourth general elections of 1967 in the states, due to which the post of Chief Minister has declined, which can be explained under the following points –

  5. In the coalition government, the Chief Minister does not distribute the ministerial posts himself, but according to the committee of the coalition government.

  6. In this situation, he cannot remove the ministers as per his wish.

  7. The Chief Minister is not able to do the work of a link between the Governor and the Council of Ministers, because the leaders of the coalition parties keep contacting the Governor directly.

  8. The Chief Minister also takes development decisions in consultation with the coalition committee.

  9. In the case of a coalition government, instead of an influential person, a common person is often appointed as the Chief Minister.

  10. In the case of a coalition government, it is also not necessary that the Chief Minister should be the leader of the people and the assembly.

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