We live in a parliamentary system where the prime minister is the real executive at the center and the chief ministers at the state. That is, the position of the Chief Minister in the state is the same as that of the Prime Minister at the Centre.
That is why there are many similarities in the methods of working. So, In this article, we will discuss the Chief Ministers in a simple and easy way. To understand it better, read the article till the end. For better understanding read related articles;
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appointment of chief ministers
There is no special procedure in the constitution for the appointment and election of the Chief Minister. Just in Article 163 it is written that there shall be a Council of Ministers, which shall be headed by the Chief Minister, to help and advise the Governor. And Article 164 states that the Chief Minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister. So
this is what is written in the constitution about the appointment of the Chief Minister, although it does not mean that the Governor is free to appoint any person as the Chief Minister.
In the parliamentary system, the governor appoints the leader of the majority party in the state assembly as the chief minister. But if no party gets a clear majority, then in such a situation the Governor exercises his discretion in the appointment of the Chief Minister. The Governor appoints the leader of the single largest party or coalition as the Chief Minister and asks him to take a vote of confidence in the House within a month.
The Governor can also appoint the Chief Minister by his personal decision, but only if a Chief Minister dies during the tenure and no successor is fixed. But if the ruling party elects a successor, the governor has no other option but to appoint him as the chief minister.
There is nothing written in the constitution that a person must prove majority before being appointed as the Chief Minister. That is, if the Governor wants, he can first appoint him as the Chief Minister and then he can ask to prove the majority within a reasonable time.
If a person is not a member of the state legislature, he can still become the chief minister for six months, but during this time he will have to be elected to the state legislature, failing which his post of chief minister will end after six months.
According to the Constitution, it is mandatory for the Chief Minister to be a member of either of the two Houses of the Legislature. Normally the Chief Minister is elected from the lower house but the member of the Legislative Council in whichever state is there can also be appointed as the Chief Minister.
Oath, Tenure and Salary
The Governor administers the oath of office and confidentiality to the Chief Minister before assuming his office. In his oath the Chief Minister says that :-
1. I shall have true faith and allegiance to the Constitution of India 2. Uphold the sovereignty and integrity of India 3. He shall discharge his duties faithfully and with a pure conscience 4. I shall without fear or favour, affection or malice I will do justice to all types of people according to the constitution and law.
The Chief Minister, in his oath of secrecy, undertakes that- any matter which shall be brought to my notice or shall be known to me as a Minister of State, shall be passed on to any person or persons except when such matters are done for the due discharge of his duties as such Minister. required to do so, I will not communicate or disclose, directly or indirectly.
Like the Prime Minister, the tenure of the Chief Minister is also not fixed, he just remains in his post during the pleasure of the Governor. This does not mean that the Governor can sack the Chief Minister whenever he wants.
The governor cannot dismiss the chief minister as long as he has majority in the assembly, but if he loses confidence in the assembly then he should resign. If he does not resign then the governor can dismiss him.
The salary and allowances of the Chief Minister are decided by the State Legislature. Every member of the State Legislature gets expendable allowances, free accommodation, traveling allowance and medical facilities etc.
Powers and Functions of Chief Ministers
Being the de facto executive of the state, he takes all the executive decisions primarily on his own. Let’s take a closer look at what they do.
Powers of the Chief Minister with respect to the Council of Ministers
The Chief Minister as the head of the State Council of Ministers exercises the following powers.
1. The Governor cannot make anyone a minister without the recommendation of the Chief Minister.
2. He can distribute and reshuffle the portfolios of ministers and in case of any difference of opinion, he can ask any minister to resign or advise the governor to dismiss him.
3. He presides over the meeting of the Council of Ministers and influences its decisions
4. He co-operates, controls, directs and guides the activities of all Ministers.
6.Whenever the Chief Minister resigns from his post, he can abolish the entire Council of Ministers. Since the Chief Minister is the head of the Council of Ministers, the Council of Ministers is automatically dissolved due to his resignation or death. That is, the government falls, on the other hand, if the post of a minister is vacant, then the Chief Minister fills it or not, but the government does not fall.
Powers of the Chief Minister with respect to the Governor
The Chief Minister has the following powers with respect to the Governor:-
Under Article 167 , it is the duty of the Chief Minister to:- 1. To inform the Governor about all decisions taken on matters relating to the administration of the affairs of the state and on legislative matters.
2. To give such information as may be sought by the Governor relating to the administration of the affairs of the State, and
3. Any matter on which a decision has been taken by a Minister but has not been considered by the Council of Ministers, shall be placed before the Council of Ministers, when required by the Governor.
Apart from this, he advises the Governor in relation to the appointment of important officers, such as the Advocate General, the Chairman of the State Public Service Commission and its members and the State Election Commissioner etc.
Powers of the Chief Minister in relation to the State Legislature
Since the Chief Minister is the leader of the House, He- 1. advises the Governor regarding calling and adjourning the session of the Legislature 2. can recommend the dissolution of the Legislative Assembly to the Governor at any time, and 3. Announces government policies.
Other Powers and Functions of the Chief Minister
Apart from the above powers and functions, there are other functions of the Chief Minister such as :-
1. He is the Chairman of the State Planning Board
2. He serves as the Vice-Chairman of the concerned Regional Council for one year
3. He is the Chairman of the Inter-State Council and Member of National Development Council. Both these councils are presided over by the Prime Minister
4. He is the Chief Spokesperson of the State Government
5. He is the Chief Manager at the political level during Emergency
6. Being the leader of the State, he meets various sections of the people and Receives memorandum from them regarding their problems etc.
In this way the Chief Minister plays a very important and important role in the state administration. However, the Governor can exercise his discretion to curtail certain powers, authority, prestige etc. of the Chief Minister in the state administration.
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