CM and Council of Ministers

CM and Council of Minister

Constitutional Position (In the Context of Parliamentary Form of Government)

• The position of the Chief Minister in the state is comparable to that of the Prime Minister at the national level. According to Article 164 of the Constitution, the Chief Minister is appointed by the Governor. The Chief Minister of the state is chosen from among the leaders of the parties with the most votes in the assembly elections. The Governor has formal executive power, whereas the Chief Minister has real executive power.
• The position of Chief Minister at the state level is analogous to that of PRIME MINISTER at the national level.
• Article 163 - The Council of Ministers assists and advises the Governor.
• Article 164 - Only states that the Chief Minister is appointed by the Governor.

Cm Appointment

• Article 164 only states that the Chief Minister is appointed by the GOVERNOR.
• The Governor, on the other hand, is not free to appoint anyone as Chief Minister.
• Parliamentary system conventions - As Chief Minister, the Governor must appoint the leader of the majority party in the state legislative assembly.
• The governor appoints the chief minister from the leader of the largest party in the house or the leader chosen by the largest coalition.
• If no single party has a clear majority, the governor may exercise situational judgement. He may appoint a leader as chief minister and then demonstrate his majority on the floor of the parliament.
• If the chief minister dies without a successor, the governor may choose one; however, if the ruling party nominates someone, the governor is forced to appoint that person.
• The CM loses his position as CM if he does not become a member of either house within six months. The governor appoints the CM, but he cannot be removed until he has a majority in the house.
• Following the general election for the State Legislative Assembly, the party or coalition with the most seats in the House elects its leader and informs the Governor. The Governor then appoints him Chief Minister and instructs him to form a Ministerial Council.
• When there is no clear majority in the State Legislative Assembly, the Governor often approaches the leader of the single largest party to form a government.

The Governor's Personal Discretion

• In the event that no party has a clear majority in the assembly, the Governor may use his personal discretion in selecting and appointing the CM.
• In the scenario described above, the Governor usually appoints the leader of the assembly's largest party or coalition as CM and instructs him to seek a vote of confidence in the assembly within a month. (For example, in the Maharashtra assembly elections in 2019).
• When the current CM dies unexpectedly and there is no obvious successor, the governor may have to use his discretion in selecting and appointing the CM.
• If the ruling party elects a new leader after an incumbent CM dies, the Governor is forced to appoint him as CM.
• The Constitution does not require a person to demonstrate a majority in the legislative assembly before being appointed as CM. The Governor may appoint him as CM first and then request that he prove his majority in the assembly within a reasonable time frame.
• A person who is not a member of the state legislature can be appointed as CM for six months, after which he must be elected to the state legislature or he loses his position as CM.
• According to the state constitution, the CM may serve in either of the two Houses of the state legislature.
• Chief Ministers are usually chosen from the Lower House (legislative assembly), but on a few occasions, a member of the Upper House (legislative council) has been appointed as well.

Salary, Term, And Oath

• The governor administers the oaths of office and secrecy to him.
• The CM's term is not fixed, and he serves at the pleasure of the Governor.
• The Governor cannot dismiss the CM as long as he has a majority in the legislative assembly.
• In the event of a loss of confidence (majority) in the legislative assembly, the CM must resign or be dismissed by the Governor.
• The CM's salary and allowances are set by the state legislature on a regular basis. CM receives the same salary and benefits as a member of the state legislature.
• The "Oath of Secrecy" should be replaced with the "Oath of Transparency," according to the Second ARC.
• The Chief Minister takes the same oath of office and secrecy as any other state minister.
• The CM's term is not fixed, and he serves at the pleasure of the Governor. The Governor cannot dismiss the CM as long as he has a majority in the legislative assembly.

Factors Impacting The Cm's State Position

• The CM appoints, dismisses, and reshuffles ministers.
• Ministers are assigned portfolios by the CM.
• The death or resignation of the CM results in the dissolution of the CoM.
• The majority of the state's appointment and selection committees are chaired by CM.
• Cabinet, CoM, and important cabinet committees are chaired by the CM.
• The governor's chief representative and communication authority is the CM.
• CM becomes the leader of the house in which he is a member.
• At the state level, the CM is usually a charismatic personality of the party.
• At the state level, the CM was frequently equated with his party.

Responsibilities of the State Council of Ministers 

• Collective Responsibility is a fundamental principle underlying the operation of the Parliamentary system. We must work as a team and either swim or sink together.
• Article 164-omissions and commissions
• No - Self-assurance Cabinet decisions bind all cabinet ministers (and other ministers), even if they are deferred, according to a motion against the council of ministers.

Individual accountability

• Article 164 Ministers serve at the pleasure of the Governor and can be removed only on the advice of the Chief Minister.

There is no legal liability

• There is no provision in the Constitution that requires a governor's order for a public act to be countersigned by a minister, and courts are prohibited from enquiring into the nature of advice.

CoMs' composition

• The Council of Ministers is made up of three types of ministers:
• CHIEF MINISTER MINISTER MINISTER CABINET MINISTER OF STATE
• Cabinet:
• The nucleus of the council of ministers is a smaller body known as the cabinet.
• It is only made up of cabinet ministers.
• It is the true seat of power in the state government.
• It is the state government's steering wheel.
• The Governor of the state is advised by the Cabinet, not the Council of Ministers.

Committees of the Cabinet

• Permanent nature of standing committees
• Ad Hoc - of a transient nature.

Chief Minister's Role

The role of the CM in relation to the Governor

• CM is the primary means of communication between the governor and the CoM (Art. 167).
• The CM is responsible for communicating to the governor all CoM decisions (Art. 167), providing such administration information as the governor may request, and submitting to the CoM for consideration any matter on which a minister has made a decision but which has not been considered by the council.
• The CM advises the governor on the appointment of key officials such as the Advocate General, the chairman and members of the state public service commission, the state election commissioner, and so on.

The role of the CM in relation to CoM:

• The CM recommends individuals to the governor for appointment as ministers. The governor can only appoint ministers who have been recommended by the CM.
• He assigns and reassigns various portfolios to ministers.
• In the event of a disagreement, he can ask a minister to resign or advise the governor to dismiss him.
• He presides over CoM meetings and influences their decisions.
• He directs, supervises, and coordinates the activities of all ministers.
• By resigning, he has the ability to bring the CoM to its knees.
• The resignation or death of an incumbent CM automatically dissolves the CoM, creating a void.
• The resignation or death of any other minister, on the other hand, merely creates a vacancy that the CM may or may not like to fill.
• He is the chief spokesman of the state government.
• He is a leader of the party in power in the state.
• He is the political head of the services.

The CM's Role in Relation to the State Legislature

• The CM is the state legislative assembly's leader.
• He advises the governor on the summoning and proroguing of the state legislature's sessions.
• He has the authority to recommend to the governor the dissolution of the legislative assembly at any time.
• On the House floor, he announces government policies.

The role of the CM in relation to the Cabinet

• CM assembles cabinet and assigns portfolios.
• He calls a cabinet meeting and decides on the agenda.

The CM's Role in Planning

• He serves on the Inter-State Council and the NITI Aayog Governing Council (both headed by the prime minister)
• The State Planning Board is chaired by CM.
• By rotation, the CM serves as vice-chairman of the relevant zonal council, holding office for one year at a time.
• During emergencies, he serves as the chief crisis manager at the political level.
• The Chairperson of the State Disaster Management Authority is CM (SDMA)

The Cm's Relationship With The Governor

• Article 163 - There shall be a CoM, with the CM at the helm, to assist and advise the Governor, who shall act in accordance with such advice in the exercise of his functions, except insofar as he is required to exercise his functions or any of them in his discretion.
• Article 164- The Governor appoints the CM, and the Governor appoints the other ministers on the advice of the CM.
• The ministers will serve at the pleasure of the Governor.
• The CoM shall be collectively accountable to the state legislative assembly.
• Article 167 - It is the Chief Minister's duty to communicate to the Governor of the state all decisions of the CoM relating to the administration of the state's affairs and legislative proposals.
• to provide such information relating to the administration of state affairs and legislative proposals as the Governor may request; and, if the Governor so requests, to submit for the consideration of the council of ministers any matter on which a minister has made a decision but which has not been considered by the CoM.
• NOTE: The Union Home Minister presides over all zonal councils.

Other Functions:

• He also serves as the chairman of the State Planning Board.
• He rotates as vice-chairman of the concerned zonal council, holding office for one year at a time.
• He serves on the Prime Minister's Inter-State Council and the Governing Council of NITI Aayog.
• He is the state government's chief spokesman.
• During emergencies, he serves as the chief crisis manager at the political level.
• As the state's leader, he meets with various groups of people and receives memoranda about their problems, among other things.
• He is the services' political leader.

Conclusion

• The CM must communicate to the Governor all decisions of the council of ministers pertaining to state administration. The CM advises the Governor on key appointments such as Attorney General, State Public Service Commission (Chairman and Members), and State Election Commission, among others. As a result, it is important in the Indian Constitution and in the states.