CM & State Council of Ministers - Questions and Answers

ANSWER: 1, 3

Explanation:

• Before the Chief Minister enters upon his office, the governor administers to him the oaths of office and secrecy.


• The form of oath of office and secrecy for the Chief Minister is similar to that for any state minister.


• The term of the Chief Minister is not fixed and he holds office during the pleasure of the Governor.


• However, as long as the CM enjoys the majority support in the legislative assembly, he cannot be dismissed by the Governor.


• However, if he loses the confidence of the legislative assembly, he must resign or the Governor can dismiss him.

The powers and functions of Chief Minister in relation to Council of Ministers -

1. The Chief Minister is the head of the council of ministers.

2. The Governor can appoint only those persons as ministers who are recommended by the Chief Minister.

3. He allocates and reshuffles various portfolios among the ministers.

4. He can ask a minister to resign or advise the Governor to dismiss him in case of difference of opinion.

5. He presides over the meeting of council of ministers and influences its decisions.

6. He guides, directs, controls and coordinates the activities of all the ministers.

7. He can bring about the collapse of the council of ministers by resigning from office.

8. Since the Chief Minister stands at the head of the council of ministers, his resignation or death automatically dissolves the Council of Ministers.

9. The resignation or death of any other minister, on the other hand, merely creates a vacancy which the Chief Minister may or may not likely fill.

Powers in relation to State Legislature -

1. The Chief Minister is the leader of the Legislative Assembly.

2. In this capacity, he advises the President with regard to summoning and proroguing of the sessions of the State Legislature.

3. He can recommend dissolution of the Legislative Assembly to Governor at any time.

4. He announces government policies on the floor of the House.

ANSWER: 1, 2

Explanation:

Powers in relation to the Governor -

1. He is the principal channel of communication between the Governor and the Council of Ministers (Article 167).

2. As per Article 167, it is 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.

3. He advises the Governor with regard to the appointment of important officials like advocate general of India, chairman and members of the state public service commission, state election commissioners etc.

Other Powers and functions are -

1. He is the chairman of the State Planning Commission.

2. He acts as a Vice-Chairman of the concerned zonal council by rotation, holding office for a period of one year at a time. Union Home Minister is the chairman.

3. He is a member of the Inter-State Council and the National Development Council, both headed by the Prime Minister.

4. He is the chief spokesman of the state government.

5. He is the crisis manager-in-chief at the political level during emergencies.

6. As a leader of the state, he meets various sections of people in different states and receives memoranda from them regarding their problems and so on.

7. He is political head of the services.


• Thus, he plays a very significant and highly crucial role in the state administration.


• However, the discretionary powers enjoyed by the governor reduces to some extent the power, authority, prestige and role of the Chief Minister in the state administration.

ANSWER: Only 2

Explanation:

• In parliamentary system of government, the Governor is the nominal executive authority (de jure executive) (head of state) and Chief Minister is the real executive authority (de facto executive) (head of government).


• Position of CM at state is similar to position of PM at the centre.

Appointment of the CM -


• The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.


• Article 164 says only that the Chief Minister shall be appointed by the Governor.


• But in accordance with the conventions of the parliamentary system of government, the Governor has to appoint the leader of the majority party in the legislative assembly as the Chief Minister.


• However, when no party has a clear majority in the legislative assembly, then the Governor may exercise his personal discretion in the selection and appointment of the Chief Minister.


• In such a situation, the Governor usually appoints the leader of the largest party or coalition in the legislative assembly as the Chief Minister and asks him to seek a vote of confidence in the House within a month.


• Also, when the Chief Minister in office dies suddenly and there is no obvious successor, then too, the Governor can exercise his/her discretion.


• However, on the death of an incumbent Chief Minister, the ruling party elects a new leader, the Governor has no choice but to appoint him as Prime Minister.


• Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the CM.


• The Governor may first appoint him the Chief Minister and then ask him to prove his majority in the assembly within a reasonable period.


• A person who is not a member of either House of state legislature can be appointed as Chief Minister for six months, within which, he should become a member of either House of state legislature; otherwise, he ceases to be the CM.


• The CM may be a member of any of the two Houses of state legislature.

ANSWER: Both 1 and 2

Explanation:

Collective Responsibility -


• The fundamental principle in working of parliamentary system of government is the principle of collective responsibility.


• Article 164 clearly states that the Council of Ministers is collectively responsible to the legislative assembly.


• This means that all the ministers own joint responsibility to the legislative assembly for all their acts of omission and commission.


• When the legislative assembly passes a no-confidence motion against the Council of Ministers, all the ministers have to resign including those ministers who are from the legislative council.


• Each minister need not resign separately; the resignation of the Chief Minister amounts to the resignation of the entire Council of Ministers.


• Alternatively, the Council of Ministers can advise the Governor to dissolve the legislative assembly on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections.


• The Governor may not oblige the Council of Ministers that has lost the confidence of the legislative assembly.


• The principle of collective responsibility also means that the cabinet decisions bind all Cabinet Ministers (and other ministers) even if they differed in the cabinet meeting.


• It is the duty of every minister to stand by cabinet decisions and support them both within and outside the state legislature.


• If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign.


• Several ministers have resigned in the past owing to their differences with the cabinet.

Individual Responsibility -


• Article 164 also contains principle of individual responsibility.


• It states that the ministers hold office during the pleasure of the Governor, which means that the Governor can remove a minister even at a time when the Council of Ministers enjoys the confidence of the legislative assembly.


• However, the Governor removes a minister only on the advice of the Chief Minister.


• In case of a difference of opinion or dissatisfaction with the performance of a minister, the Chief Minister can ask him to resign or advice the Governor to dismiss him.


• By exercising this power, the Chief Minister can ensure the realization of the rule of collective responsibility.

No Legal Responsibility -


• In India, there is no provision in the Constitution for the system of legal responsibility of a minister. This is applicable to centre as well as states.


• It is not required that an order of the Governor for a public act should be counter-signed by a minister.


• Moreover, the courts are barred from enquiring into the nature of advice rendered by the ministers to the Governor.

ANSWER: Neither 1 nor 2

Explanation:

• 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 94^th 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 91^st 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 91^st 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.

ANSWER: Only 1

Explanation:

• Article 163 provides for a council of ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except the discretionary ones.


• If, any question arises whether a matter falls within the Governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.


• Further, the nature of advice tendered by ministers to the Governor cannot be enquired by any court.


• This provision emphasizes the intimate and the confidential relationship between the Governor and the ministers.


• In 1971, the Supreme Court ruled that a council of ministers must always exist to advise the governor, even after the dissolution of the state legislative assembly or resignation of a Council of Ministers.


• Hence, the existing ministry may continue in the office until its successor assumes charge.


• In 1974, the Court clarified that except in spheres where the Governor is to act in his discretion, the Governor has to act on the aid and advice of the Council of Ministers in the exercise of his powers and functions.


• He is not required to act personally without the aid and advice of the Council of Ministers or against the aid and advice of the Council of Ministers.


• Wherever the Constitution requires the satisfaction of the governor, the satisfaction is not the personal satisfaction of the Governor but it is the satisfaction of the Council of Ministers.

Appointment of Ministers -


• The Chief Minister is appointed by the Governor, while the other ministers are appointed by the Governor on the advice of the Prime Minister.


• This means that the Governor can appoint only those persons as ministers who are recommended by the Chief minister.


• But, there should be a tribal welfare minister in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.


• Originally, this provision was applicable to Bihar, Madhya Pradesh and Odisha.


• The 94^th Amendment Act of 2006 freed Bihar from the obligation as there are no Scheduled Areas in Bihar now and the fraction of population of the Scheduled Tribes is very small.


• The same Amendment also extended the above provision to the newly formed states of Chhattisgarh and Jharkhand.


• Usually, the members of state legislature, either legislative assembly or legislative council, are appointed as ministers.


• A person who is not a member of either House of state legislature can also be appointed as a minister.


• But, within six months, he must become a member (either by election or by nomination) of either House of state legislature, otherwise, he ceases to be a minister.


• A minister who is a member of one House of state legislature has the right to speak and to take part in the proceedings of the other House also, but he can vote only in the House of which he is a member.


• Before a minister enters upon his office, the governor administers to him/her the oaths of office and secrecy.