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The State ExecutiveThe Chief Minister and the Council of Ministers

Civics Ch-6

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• The Chief Minister• Powers

and Functions of the Chief Minister• The Council Of Minister

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At the head of the Council of Ministers is the Chief Minister, who is the real Executive Head of the State.

Appointment Qualifications Term of Office Oaths of Office and Secrecy

THE CHIEF MINISTERContents

The Chief Minister is appointed by the Governor and the other Ministers are appointed by the Governor on the advice of the Chief Minister. In reality, this is only a formal power of the Governor. The Chief Minister is actually the leader of the majority party or coalition. Circumstances can arise, however, when the Governor has to make use of his discretion – when none of the parties get a clear majority.

The Chief Minister of India

Appointment

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The CM should be a member of either House of the State Legislature. An outsider can also become the Cm of a State, but must get himself elected to either House within a period of six months after his appointment. In case he fails to do so, he must vacate his office. A person disqualified from being a Member of the State Legislature cannot be a Minister, and thereby Chief Minister. For six months.

Qualifications

The Chief MinisterContents

The Chief Minister and other Ministers hall hold Office during the pleasure of the Governor i.e., as long as they enjoy the confidence of the Legislative Assembly. Resignation of the CM is the resignation of the entire Council of Ministers.

Term of Office

The Chief MinisterContents

Before entering upon the office the Governor shall administer to the CM the Oath of Office and Secrecy. Under Oath of Office, he affirms:1. He will bear true faith and allegiance to the Constitution of India.2. He will uphold the sovereignty and integrity of India3. He will faithfully discharge his duties as Minister without fear and favorUnder Oath of Secrecy, the Minister affirms he will not reveal to any person any matter which shall be brought under his consideration as a Minister.

Oaths of Office and Secrecy

The Chief MinisterContents

In Relation with Governor In Relation with Council of Ministers In Relation with State Legislature Position

POWERS AND FUNCTIONS OF THE CHIEF MINISTER

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Chief Minister is the link between the Council of Ministers and the Governor. The decisions of the Council of Ministers are conveyed by the Chief Minister to the Governor. It is he who keeps the Governor informed on all matters of government.

It is on the advice of the Chief Minister that the Governor prorogues or summons the sessions of the State Legislature.

To Aid and Advice the Governor: The Governor appoints a large number of top officials in the State on the advice of the CM.

Powers and Functions of the Chief Minister

In relation with Governor

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Formation of the Council of Ministers: The Chief Minister is the recognized leader of the Council of Ministers. The Governor appoints Ministers and allocates work among them on the advice of the Chief Minister.

Removal of Ministers: No person shall be retained if the Chief Minister says he should be dismissed. Ministers hold Office during the pleasure of the Governor.

The Chief Minister is the Ex-officio Chairperson of the Cabinet. The Chief Minister presides over the Cabinet meetings and decides the agenda. The Ministers put forth their views, after which the CM gives his conclusion.

The Chief Minister co-ordinates the working of various departments. In matters of public order, agricultural production, supply and distribution of goods, etc. he plays a special role in directing the policy of the Government.

In relation with Council of Ministers

Contents Powers and Functions of the Chief Minister

It is on the advice of the Chief Minister that the Sessions of the Houses will be summoned and the Lok Sabha dissolved by the Governor.

The Chief Minister is the leader of the State Legislative Assembly. It is he who makes all important announcements of policies.

The Speaker in consultation with the Chief decides the agenda of the House.

The Chief Minister can appease an angry House by promising immediate relief or concessions when needed.

In normal circumstances the Governor dissolves the Legislative Assembly when advised by the CM to do so.

In relation with State Legislature

Contents Powers and Functions of the Chief Minister

In practice, his position will be imposing only when his party commands a clear majority in the State legislature. Even then, much will depend on whether the party is given to discipline or there are intra-party conflicts. Clamor for offices, regionalism and communalism tend to weaken the Chief Minister . When it is a coalition Government, much of the time and energy will be wasted on keeping his team united and disciplined.

Position

Contents Powers and Functions of the Chief Minister

Designation of the Chief Minister and other Ministers Oaths of Office and Secrecy Size of Council of Ministers Categories of Ministers Term of Office Powers and Functions of the Council of Ministers Comparison of the State Council of Ministers with the Union Council

of Ministers Ministerial Responsibility Control of Legislature over Council of Ministers Control of Cabinet over the State Legislature

THE COUNCIL OF MINISTERS

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The Chief Minister is appointed by the Governor. The Governor appoints other Ministers and allocates work among them on the advice of the Chief Minister. In Bihar, Madhya Pradesh and Orissa there should necessarily be a Tribal Minister in charge of tribal affairs.

The Council of Ministers

Appointment of the Chief Minister and other Ministers

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Mon-members can also be nominated as Ministers, but such Ministers must get themselves elected to either House of the Legislature within six months from the date of appointment. Moreover, a non-member cannot be appointed Minister even if he resigned from his post before the expiry of his six-month term, unless he became a member of the Legislature.

Non-Member as Minister

The Council of MinistersContents

The Constitution’s 91st Amendment Act (2003) limits the size of the Council of Ministers, including the Chief Minister, to 15 % of the strength of the Legislative Assembly. The smaller states can have a minimum of 12 Ministers.

Size of Council of Ministers

The Council of MinistersContents

Before entering upon office the Ministers take the Oath of Office and Secrecy. Under Oath of Office, he affirms:1. He will bear true faith and allegiance to the Constitution of India and will

uphold the sovereignty and integrity of India2. He will faithfully discharge the duties of a Minister3. They will do right to all manner of people without fear or favor, affection or

ill will.Under Oath of Secrecy, the Minister affirms he will not reveal to any person any matter which shall be brought under his consideration as a Minister except as may be required for the due discharge of their duties.

Oaths of Office and Secrecy

The Council of MinistersContents

Cabinet Ministers: The Cabinet Ministers hold major portfolios like Home, Defense, Finance, etc. Only Cabinet Ministers have a right to attend meetings of the Cabinet. They together determine the policy of the Government.Ministers of State: They are not members of the Cabinet, and hence do not participate in Cabinet Meetings. They may or may not be given an independent charge of a Ministry.Deputy Ministers: They are junior Ministers . They are placed under the senior Ministers to assist them. They take no part in Council of Ministers declarations. Parliamentary Secretaries: They are placed under senior Ministers whom they are to assist. This post exists in some States.

Categories of Ministers

The Council of MinistersContents

The Ministers shall hold office during the pleasure of the Governor. The Council of Ministers is, in fact, collectively responsible to the Legislative Assembly. The Governor cannot dismiss a Chief Minister as long as he is enjoys the support of the Lok Sabha. As far as other Ministers go, they will be dismissed by the Governor on the advice of the Chief Minister. However, the Ministry has to resign if the Assembly votes him out or a No-Confidence Motion is passed.

Term of Office

The Council of MinistersContents

1. Collective Responsibility: The Council of Ministers is collectively responsible to the Legislative Assembly. Members of the Council of Ministers swim and sink together. When a decision has been taken by the Council of Ministers, every Minister has to stand by it without hesitation. The essence of Collective Responsibility is that a measure accepted by the Council of Ministers is a joint responsibility of everyone, whether or not he was present at the meeting which reached the conclusion or whether he opposed it when discussed. A No-Confidence Motion expresses want of confidence in Government. If the Motion is passed, the Ministry has to resign.

2. Individual Responsibility: Though the Ministers are collectively responsible to the Legislative Assembly, they will be individually responsible to the Head of State. The Ministers hold office during the pleasure of the Governor. It implies that the Ministers shall be liable to be dismissed by the Governor for their undesirable activities, but the Governor acts on the advice of the Chief Minister. Usually if the Chief Minister asks a Minister to resign, he readily does so. The Mister is also obliged to answer questions pertaining to his department.

Ministerial Responsibility

The Council of MinistersContents

1. The Council of Ministers formulates external and domestic policies of the Government. The Cabinet takes decision on all major problems –public health, water storage, etc.

2. Administrative or Executive Functions: Once the Cabinet has decided on a policy, the appropriate Ministry must faithfully follow the directions of the Council of Ministers. The Ministers are answerable to the State Legislatures as to the functioning of their respective Departments. The Governor make all major appointments like Advocate-General, Vice-Chancellors of the State Universities, etc. on the aid and advice of the Ministers.

3. Financial Powers: The State Budget containing the estimates of income and expenditure of the ensuing year is placed by the Finance Minister before the State Legislature. All decisions regarding abolition or alteration of taxes must be taken by the Ministers. A Money Bill must be recommended by the Governor and can be introduced only by a Minister.

Powers and Functions of the Cabinet

Next The Council of MinistersContents

6. Execution of Central Laws and Decisions of the Union Government: The Union Parliament is empowered to give directions to the State Governments in certain matters. The States should exercise their executive power so as to ensure compliance with the laws of Parliament. For example, Railways is a Union subject, but police, including railway police, is a State subject. The Union Government may give directions as to measures to be taken for protection of railways within the state.

7. Legislative Functions (Main Function): i. Most of the Bills passed by the Legislature are Government Bills. The bills are introduced, explained

and defended in the Parliament by the Ministers.ii. The Cabinet prepares the Governor’s Address which sets forth its legislative programme for approval

by the Legislative Assembly.iii. In matter of issuing Ordinances the Governor acts on the advice of the Ministers.

Powers and Functions of the Cabinet

The Council of MinistersContents Previous

1. Interpellation (The Question Hour): The purpose of the question is to obtain information on a matter of public importance or to ventilate a grievance.

2. The Zero Hour: The Zero Hour begins at 12 o’clock soon after the Question Hour. During Zero Hour members raise all types of questions without prior notice or permission.

3. Adjournment Movement: An adjournment Motion proposes the House should lay aside all other business to consider a matter of urgent public importance .

4. No-Confidence Motion: It expresses a want of Confidence in the Ministry.

5. Cut Motion: [Not in Syllabus]6. Censure Motion : [Not in Syllabus]

Control of Legislature over Council of Ministers

The Council of MinistersContents

1. Power of the Purse: The Cabinet is responsible for whole of the expenditure of government and raising such necessary revenues to meet it. A Money Bill can be introduced only by a Minister. The Cabinet is responsible for actual spending of Grants.

2. Control over the Business of the House: The legislative proposals are introduced, explained and defended on the Assembly by the Ministers.

3. Dissolution of the Legislative Assembly: The Governor has the right to dissolve the Legislative Assembly, on the advice of the CM.

Control of Cabinet over the Legislative Assembly

The Council of MinistersContents

1. Governor stands at the head of the executive power of the State, just as the President stands for the head of the executive power of the Union.

2. The Chief Minister is the head of the State Council of Ministers, just as The Prime Minister is the head of the Union Council of Ministers.

3. The Chief Minister is appointed by the Governor, while other ministers are appointed by him on the CM’s advice. Similarly, Union Ministers and the PM is appointed in that way.

4. The State Council of Ministers is collectively responsible to the Legislative Assembly, just as the Union Council of Ministers is collectively responsible to the Lok Sabha.

5. The President shall act in accordance with the advice of the Council of Ministers. But there are matters in respect of which the Governor is empowered to act in his discretion. The Governors have special responsibilities of peace and administration of tribal areas. He acts in the directions issued by the President, and not in accordance with the advice on the Council of Ministers.

Comparison of the State Council of Ministers with the Union Council of Ministers

The Council of MinistersContents