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
The Chief Minister is the creator of the Council of Ministers in the state. The Governor appoints ministers only in consultation with the Chief Minister.
Ministers hold their posts during the pleasure of the Governor [Article 164(1)]
The Chief Minister distributes departments to the ministers and can also change their departments as per his wish.
The Chief Minister presides over the Council of Ministers. It is the Chief Minister who calls the meetings of the Council of Ministers. It is the Chief Minister who decides when and where the Council of Ministers meeting will be held and what subjects will be considered.
The Chief Minister is the creator of the development policies of the state and he also chairs the committees related to development and investment.
The Chief Minister acts as the 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.
The Governor, in consultation with the Chief Minister, appoints senior government officials and the Chairman and members of the Advocate General Public Service Commission.
The Chief Minister is also the leader of the Legislative Assembly, hence he tries to solve the problems faced in the functioning of the Legislative Assembly together with everyone.
The Chief Minister is also the leader of his party, hence he gives speeches for the success of his party in elections etc.
He is the Chairman of the State Planning Board.
Council of ministers
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.
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
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.
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
It is necessary for all the members of the Council of Ministers to be members of any House of the Legislature.
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
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.
Ministerial division
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 there.
Swearing in by ministers
Before assuming office, the Chief Minister and other ministers have to take two oaths before the Governor [Article 164(3)].
perform the duties of the office,
of confidentiality.
Coalition government and Chief Minister
The position of the Chief Minister to act as the actual head of government in the state depends on many things such as –
If the Chief Minister is from the ruling party at the Centre, then the Chief Minister is able to work effectively. If he is from the opposition party at the Centre, then his position is not strong due to lack of adequate support from the Centre.
The Chief Minister has an effective position in his central party, only then he is able to perform his duties effectively.
The situation of coalition government in the states has arisen from the fourth general elections of 1967 due to which the post of Chief Minister has declined which can be discussed under the following points
In a coalition government, the Chief Minister does not distribute ministerial posts himself but as per the committee of the coalition government.
In this situation, he cannot remove the ministers as per his wish.
The Chief Minister is not able to act as a link between the Governor and the Council of Ministers because the leaders of the coalition parties keep in direct contact with the Governor.
The Chief Minister also takes development related decisions in consultation with the coalition committee.
In the case of a coalition government, many times an ordinary person is appointed Chief Minister instead of an influential person.
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.