The Chief Minister: Appointment, Oath, Power and Functions- Complete Notes for UPSC

Chief Minister

Article 163 of the Indian Constitution states, “There shall be a Council of Ministers with the Chief Minister (CM) at the head to aid and advise the Governor of the state in the exercise of his functions”.

In the parliamentary form of government, the Chief Minister is the real executive authority in states. While the Governor is the head of the state (federal unit), the Chief Minister is the head of the government.

His/her position in the Indian polity is comparable with the Prime Minister at the centre.

Appointment of a Chief Minister

• The Constitution has not defined any criteria for appointing the Chief Minister.
• Article 164 of the Indian Constitution provides that the Governor shall appoint the Chief Minister; however, s/he cannot appoint any person as the Chief Minister.
• As per the parliamentary conventions, the leader of the largest party in the state legislature is appointed as the Chief Minister.
• The person who is not a member of the state legislature (both Houses) can also be appointed as the Chief Minister for 6 months, within which s/he must get elected or nominated (in case of bicameral legislature).
• In cases of hung assembly (when no party or pre-poll coalition has a majority), the Governor exercises situational discretion, which means that the Governor can exercise his/her individual judgment in appointing the Chief Minister.
• The Constitution does not require a person to prove his/her majority in the state assembly before s/he is appointed as the Chief Minister. After the formation of the ministry, the Governor can ask the Chief Minister to prove a majority within a reasonable period.

Oath and Affirmation of Chief Minister

Before taking up the office, the Chief Minster must take an oath or affirmation of office and secrecy before the state governor.

Term of a Chief Minister

• The Constitution does not fix the term of a Chief Minister.
• Article 164 provides that the Ministers (including the Chief Minster) hold office during the pleasure of the Governor.
• However, as long as s/he enjoys a majority in the state legislature, s/he cannot be dismissed.
• In case the Chief Minister (Council of Ministers) loses the confidence of the House, s/he must resign, or the Governor can dismiss him/her.

Remuneration of the Chief Minister

• The state legislature determines the salary and allowances of the Chief Minster.
• In addition to salaries payable to the legislative assembly members (MLAs) and legislative council membersncil (MLCs), the Chief Minister is entitled to sumptuary allowance, medical facilities, travelling allowance and rent-free accommodation.

Powers and Functions of a Chief Ministers

The Chief Minister chairs the Council of Ministers, and his/her powers and functions are analogous to that of the Prime Minister at the centre. The powers and functions of the Chief Ministers can be studied under the following heads:

1. In Relation with the Council Of Ministers

As the head of the Council of Ministers, the Chief Minister enjoys the following powers:

• On the Chief Minister’s recommendation, the Governor appoints ministers.
• S/he assigns and reshuffles the portfolios of the ministers.
• The Chief Minister presides over the Cabinet meetings, sets the meeting agenda and influences the decision-making process.
• S/he coordinates with the various departments and ministries for the smooth functioning of the government.
• S/he defends the actions of the ministry in the assembly, meaning s/he ensures the collective responsibility of the Council of Ministers to the state assembly.
• In case a minister differs from the opinion of the Council of Ministers, the Chief Minister can ask for resignation or can ask the Governor to dismiss him/her.
• On his resignation or death, the Council of Ministers automatically dissolves. However, the resignation or death of any minister does not have such effect.