Executive Machinery: Chief Minister and Council of Ministers

Constitutional Framework:

The Chief Minister (CM) is the ‘De Facto’ (real) executive, while the Governor is the ‘De Jure’ (nominal) executive.

Article 163:

Establishes a Council of Ministers (CoM) with the CM at the head to aid and advise the Governor.
Exception: Governor’s discretionary functions.
Final Authority: The Governor’s decision on whether a matter falls under discretion is final.
Judicial Bar: The nature of advice tendered by Ministers to the Governor cannot be inquired into by any court.
Article 164: Deals with the appointment, tenure, responsibility, qualifications, and salaries of ministers.
Article 166: Conduct of business of the Government of a State.
Article 167: Duties of the CM to furnish information to the Governor regarding administration and legislation.
Article 177: Rights of Ministers to speak and participate in the proceedings of the State Legislature (Assembly and Council) but they can vote only in the House of which they are a member.

Appointment & Tenure

Chief Minister

Appointment: Appointed by the Governor (Article 164).
Convention: The leader of the majority party in the Legislative Assembly is appointed.
Discretionary Appointment:
Hung Assembly: Governor appoints the leader of the largest party/coalition and asks them to seek a vote of confidence within one month.
Sudden Death: If an incumbent dies without a successor, the Governor may appoint a CM (though usually, the ruling party elects a new leader).
Membership: A person who is not a member of the State Legislature can be appointed as CM for six months, within which they must get elected to either House.

Council of Ministers

Appointment: Appointed by the Governor on the advice of the CM.
Disqualification: Under the 91st Amendment Act (2003), a member disqualified on grounds of defection (Anti-Defection Law) is also disqualified from being appointed as a Minister.
Composition & Strength
Maximum Limit: Total number of ministers (including CM) cannot exceed 15% of the total strength of the Legislative Assembly (91st Amendment Act, 2003).
Minimum Limit: The number of ministers (including CM) cannot be less than 12.

Hierarchy:

Cabinet Ministers: Head key ministries; attend cabinet meetings; policy makers.
Ministers of State: Independent charge or attached to Cabinet Ministers; do not attend cabinet meetings unless invited.
Deputy Ministers: Assist Cabinet/State Ministers; no independent charge.

Oath, Term & Salary

Oath: Administered by the Governor (Oath of Office and Secrecy).
Term: Not fixed; they hold office during the pleasure of the Governor. However, the Governor cannot dismiss them as long as they enjoy a majority in the Assembly.
Salary: Determined by the State Legislature.

Powers and Functions of Chief Minister

1. In Relation to Council of Ministers

Recommends persons for appointment as ministers.
Allocates and reshuffles portfolios.
Can ask a minister to resign or advise the Governor to dismiss them.
The resignation or death of the CM automatically dissolves the entire Council of Ministers.

2. In Relation to Governor (Article 167)

Principal channel of communication.
Advises on the appointment of key officials (Advocate General, Chairman/Members of State PSC, State Election Commissioner).

3. In Relation to State Legislature

4. Other Roles

Responsibility of Ministers :

1. Collective Responsibility (Article 164)

The CoM is collectively responsible to the Legislative Assembly.
A vote of no-confidence against the CoM leads to the resignation of all ministers (including those from the Legislative Council).
Cabinet decisions bind all ministers; if a minister disagrees, they must resign.

2. Individual Responsibility (Article 164)

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