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Council of Ministers, its tenure, qualifications and member numbers UPSC NOTE

Council of ministers

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

  2. According to Article 163, the Governor will act as per his discretion and with the help and advice 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 some 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 membership of the Legislature within 6 months, failing to do so he has to leave the post of Minister.

Number of members of the 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.

Division of work of ministers

  1. Division of tenure among the ministers is done by the Governor as per the advice of the Chief Minister. There is usually only one major department under the authority of the minister, but sometime the division of time among the ministers is done by the Governor according to the advice of the Chief Minister. In each department there are permanent officials like Secretary, Additional Secretary, Joint Secretary, Deputy Secretary etc. there are more than one department. Apart from the ministers, every department has permanent officials like Secretary, Additional Secretary, Joint Secretary, Deputy Secretary etc. Are

Swearing in by ministers

  • Before assuming office, the Chief Minister and other ministers have to take two oaths before the Governor [Article 164(3)].

  • performed the duties of the post,

  • of privacy.

Coalition government and chief minister

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


  • 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.

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

  • 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 discussed under the following points

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

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

  3. 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.

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

  5. In the case of a coalition government, many times an ordinary person is appointed Chief Minister instead of an influential person.

  6. In the case of a coalition government, it is not necessary that the Chief Minister be the leader of the public and the Legislative Assembly.

Council of Ministers of State

  • Like the Union, parliamentary governance system has been established in the states also. Just as the Prime Minister is the head of the real executive at the Centre, similarly the Chief Minister is the head of the real executive in the state.

  • According to Article 163 of the Constitution, the Governor will perform his functions 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 Centre, similarly the Council of Ministers is the focal point of governance in the state.

  2. According to Article 163, the Governor will act as per his discretion and with the help and advice of the Council of Ministers. The Chief Minister forms the Council of Ministers through the Governor.

Tenure 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 members of the Council of Ministers

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

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

Division of work of ministers

  1. Division of tenure among the ministers is done by the Governor as per the advice of the Chief Minister. There is usually only one major department under the authority of the minister, but sometimes there are more than one department. Apart from the ministers, every department has permanent officials like Secretary, Additional Secretary, Joint Secretary, Deputy Secretary etc. Are

Swearing in by ministers

  1. Before assuming office, the Chief Minister and other ministers have to take two oaths before the Governor [Article 164(3)].

  2. performed the duties of the post,

  3. of privacy.

Chief Minister

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

  • 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.

  • 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.

  • 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

  • To become a Chief Minister, one should have the following qualifications-

  • Be a citizen of India.

  • Must have completed 25 years of age.

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

Duration

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

  2. On the basis of misuse of his discretion, the Governor has appointed the Chief Minister many times despite having majority, which has been criticized by the court in its various decisions.

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



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