The executive powers of the Governor are exercised by the Council of Ministers headed by Chief Minister and Chief Minister is the real executive authority of the state
Appointment of the Chief Minister-
- The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
- Article 164 says only that the Prime Minister shall be appointed by the president.
- Normally the Governor has to invite leader of the majority party to form the government.
- In case no single party is in clear majority, the Governor invites the person who is likely to command support of two or more parties which make up majority in the Lok Sabha.
- Once appointed, the Chief Minister holds office so long as he/she enjoys the support of the majority of members of State assembly.
Can a person be appointed as Chief Minister without proving his/her majority in the state?
- Yes, The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister.
- The governor may first appoint him as the Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable period.
- This is what has been done in a number of cases.
Can a person who is not a member of the state legislature can be appointed as Chief Minister?
- Yes, a person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister.
Oath and Term of Chief Minister-
Oath-
- The oath to The Chief Minister is Administers by The Governor
Term-
- The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor.
- However, this does not mean that the governor can dismiss him at any time.
- He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.
Powers and Functions of the Chief Minister-
- Members of the Council of Ministers are appointed by the Governor on the advice of the Chief Minister.
- The Chief Minister decides portfolios of the Ministers, and can alter these at his will.
- The Chief Minister presides over the meetings of the Cabinet and conducts its proceedings.
- The decisions of the Cabinet are conveyed to the Governor by the Chief Minister.
- All important appointments are made by the Governor on the advice of the chief Minister.
- Since the Chief Minister is the head of the council of ministers, his resignation or death automatically dissolves the council of ministers.
- He advises the governor with regard to the summoning and proroguing of the sessions of the state legislature.
- He can recommend the dissolution of the legislative assembly to the governor at anytime.
- He act as the chairman of the State Planning Board.
- He acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time and a member of the Inter-State Council and the National Development Council, both headed by the prime minister
There are Some Duties of Chief Minister which are clearly defined in Article 167-
It shall be the duty of the Chief Minister of each State
- To communicate to the Governor of the State all decisions of the council of Ministers relating to the administration of the affairs of the State and proposals for legislation.
- To furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.
- 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.