The State Council of Ministers and the Cabinet-
- The Council of Ministers Structure of Government consists of all categories of Ministers i.e., Cabinet Ministers and Ministers of State etc.
- The Cabinet consists of Senior Ministers only.
- It is the Cabinet that determines the policies and programmers of the Government and not the Council of Ministers.
- The Council of Ministers as a whole rarely meets. The Cabinet on the other hand meets as frequently as possible.
Powers and Functions of the Cabinet-
- It is the body which determines government policy for presentation to the Parliament.
- It is responsible for implementing government policy.
- The cabinet is the core body of the government and takes all the major decision.
- It is an advisory body to the governor.
- It is the chief crisis manager and thus deals with all emergency situations.
- It is the supreme executive authority of the state government.
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 Chief Minister.
- A person who is not a member of either House of State legislature(in case of Bicameral 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 legislature.
- Although minister can take part in proceedings of other house but She/he can vote only in the House of which he is a member.
Oath-
- The Governor administers the oath of office to the Council of Ministers.
Articles related to Council of Ministers
There are some Articles which deals directly or indirectly with Prime minister and Council of Ministers
They are as follows-
Article 163 :Council of Ministers to aid and advise Governor
- There shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.
- If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion 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.
- The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
Article 164: Other provisions as to Ministers
- 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, and the Ministers shall hold office during the pleasure of the Governor.
- Provided that in the State of Bihar, Madhya Pradesh and Orissa, 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 Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
- Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
- A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
- The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule
91st Constitutional Amendment Act, 2003-
- This amendment added some of the provision in Article 164 and also deals with Anti Defection law
It States That-
- 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.
- A member of either House of a 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.
- The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted.
- It means that the defectors have no more protection on grounds of splits.
- A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post.
Collective and Individual Responsibility
Collective Responsibility-
- It means all the ministers own joint responsibility to the legislative assemble for all their acts of omission and commission.
- When the Legislative assemble 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.
- 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 Cabinet decisions bind all cabinet ministers and other ministers even if they differed in the cabinet meeting.
Individual Responsibility-
- Article 164(2) says that The Ministers shall hold office during the pleasure of the Governor which means that the Governor can remove a minister (only on advice of P.M) even at a time when the council of ministers enjoys the confidence of the Lok Sabha.
- In India, there is no provision in the Constitution for the system of legal responsibility of a minister.