What are constitutional provisions related to State Council of Ministers?
Q. Which of the following is/are true?
1) Article 167 deals with conduct of business of the Government of State.
2) Article 168 deals with duties of Chief Minister.- Published on 06 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
- As the Constitution of India provides for a parliamentary system of government, the Council of Ministers headed by the Chief Minister is the real executive authority is our politico-administrative system.
- The setup similar to the centre.
- The principles of parliamentary system of government are not detailed in the Constitution, but two Articles (163 and 164) deal with them in a broad and general manner.
- Article 163 deals with the status of the State Council of Ministers while Article 164 deals with the appointment, tenure, responsibility, qualificaton, oath and salaries and allowances of the ministers.
- Provisions dealing with relationship of the CM with Governor are in articles 163, 164 and 167.
Constitutional provisions related to the Chief Minister and State Council of Ministers -
Article 163 is related to duty of Council of Ministers to aid and advise Governor -
1. There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
2. If any question arises whether a matter falls within the Governor’s discretion or not, decision of the Governor shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
3. The advice tendered by Ministers to the Governor shall not be inquired into in any court.
Article 164 are concerned with other provisions as to Ministers -
1. The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister. However, in the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work. The state of Bihar was excluded from this provision by the 94th Amendment Act of 2006.
2. The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the legislative assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12.The provision was added by the 91st Amendment Act of 2003.
3. A member of either house of state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was also added by the 91st Amendment Act of 2003.
4. The ministers shall hold office during the pleasure of the Governor.
5. The Council of Ministers shall be collectively responsible to the Legislative Assembly.
6. The Governor shall administer the oaths of office and secrecy to a minister.
7. A minister who is not a member of the state legislature (either house) for any period of six consecutive months shall cease to be a minister.
8. The salaries and allowances of ministers shall be determined by the state legislature.
Article 166 deals with conduct of business of Government of a state -
1. All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
2. Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor. Further, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
3. The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is required to act in his discretion.
Article 167 deals with duties of Chief Minister. It says that it shall be the duty of the Chief Minister -
a) to communicate to the governor all decisions of the Council of Ministers relating to the administration of the affairs of the state and proposals for legislation;
b) to furnish such information relating to the administration of the affairs of the state and proposals for legislation as the governor may call for; and
c) if the governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.
