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The State Executive

The Chief Minister and the Council of Ministers

Civics Ch-6

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The Chief Minister


Powers and Functions of the Chief Minister
The Council Of Minister

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At the head of the Council of Ministers is the Chief Minister,


who is the real Executive Head of the State.

Appointment

Qualifications

Term of Office

Oaths of Office and Secrecy

THE CHIEF MINISTER


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Appointment

The Chief Minister is appointed by the Governor and the other Ministers are appointed
by the Governor on the advice of the Chief Minister. In reality, this is only a formal power
of the Governor. The Chief Minister is actually the leader of the majority party or
coalition. Circumstances can arise, however, when the Governor has to make use of his
discretion when none of the parties get a clear majority.

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The Chief Minister of


The Chief
Minister of
India
India

Qualifications

The CM should be a member of either House of the State Legislature. An outsider can
also become the Cm of a State, but must get himself elected to either House within a
period of six months after his appointment. In case he fails to do so, he must vacate his
office. A person disqualified from being a Member of the State Legislature cannot be a
Minister, and thereby Chief Minister. For six months.

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The Chief Minister


The Chief Minister

Term of Office

The Chief Minister and other Ministers hall hold Office during the pleasure of the
Governor i.e., as long as they enjoy the confidence of the Legislative Assembly.
Resignation of the CM is the resignation of the entire Council of Ministers.

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The Chief Minister


The Chief Minister

Oaths of Office and Secrecy

Before entering upon the office the Governor shall administer to the CM the Oath of
Office and Secrecy. Under Oath of Office, he affirms:
1. He will bear true faith and allegiance to the Constitution of India.
2. He will uphold the sovereignty and integrity of India
3. He will faithfully discharge his duties as Minister without fear and favor
Under Oath of Secrecy, the Minister affirms he will not reveal to any person any matter
which shall be brought under his consideration as a Minister.

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The Chief Minister


The Chief Minister

In Relation with Governor


In Relation with Council of Ministers
In Relation with State Legislature
Position

POWERS AND
FUNCTIONS OF THE
CHIEF MINISTER
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In relation with Governor

Chief Minister is the link between the Council of Ministers and the Governor. The
decisions of the Council of Ministers are conveyed by the Chief Minister to the
Governor. It is he who keeps the Governor informed on all matters of government.
It is on the advice of the Chief Minister that the Governor prorogues or summons the
sessions of the State Legislature.
To Aid and Advice the Governor: The Governor appoints a large number of top
officials in the State on the advice of the CM.

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Powers and Functions of the


PowersChief
and Functions
Minister of the
Chief Minister

In relation with Council of Ministers

Formation of the Council of Ministers: The Chief Minister is the recognized leader of
the Council of Ministers. The Governor appoints Ministers and allocates work among
them on the advice of the Chief Minister.
Removal of Ministers: No person shall be retained if the Chief Minister says he
should be dismissed. Ministers hold Office during the pleasure of the Governor.
The Chief Minister is the Ex-officio Chairperson of the Cabinet. The Chief Minister
presides over the Cabinet meetings and decides the agenda. The Ministers put forth
their views, after which the CM gives his conclusion.
The Chief Minister co-ordinates the working of various departments. In matters of
public order, agricultural production, supply and distribution of goods, etc. he plays a
special role in directing the policy of the Government.

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Powers and Functions of the


PowersChief
and Functions
Minister of the
Chief Minister

In relation with State Legislature

It is on the advice of the Chief Minister that the Sessions of the Houses will be
summoned and the Lok Sabha dissolved by the Governor.
The Chief Minister is the leader of the State Legislative Assembly. It is he who makes
all important announcements of policies.
The Speaker in consultation with the Chief decides the agenda of the House.
The Chief Minister can appease an angry House by promising immediate relief or
concessions when needed.
In normal circumstances the Governor dissolves the Legislative Assembly when
advised by the CM to do so.

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Powers and Functions of the


PowersChief
and Functions
Minister of the
Chief Minister

Position

In practice, his position will be imposing only when his party commands a clear majority
in the State legislature. Even then, much will depend on whether the party is given to
discipline or there are intra-party conflicts. Clamor for offices, regionalism and
communalism tend to weaken the Chief Minister . When it is a coalition Government,
much of the time and energy will be wasted on keeping his team united and disciplined.

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Powers and Functions of the


PowersChief
and Functions
Minister of the
Chief Minister

Designation of the Chief Minister and other Ministers


Oaths of Office and Secrecy
Size of Council of Ministers
Categories of Ministers
Term of Office
Powers and Functions of the Council of Ministers
Comparison of the State Council of Ministers with the Union Council of Ministers
Ministerial Responsibility
Control of Legislature over Council of Ministers
Control of Cabinet over the State Legislature

THE COUNCIL OF
MINISTERS
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Appointment of the Chief Minister and other Ministers

The Chief Minister is appointed by the Governor. The Governor appoints other Ministers
and allocates work among them on the advice of the Chief Minister. In Bihar, Madhya
Pradesh and Orissa there should necessarily be a Tribal Minister in charge of tribal
affairs.

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The Council of Ministers


The Council of Ministers

Non-Member as Minister

Mon-members can also be nominated as Ministers, but such Ministers must get
themselves elected to either House of the Legislature within six months from the date of
appointment. Moreover, a non-member cannot be appointed Minister even if he resigned
from his post before the expiry of his six-month term, unless he became a member of the
Legislature.

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The Council of Ministers


The Council of Ministers

Size of Council of Ministers

The Constitutions 91st Amendment Act (2003) limits the size of the Council of Ministers,
including the Chief Minister, to 15 % of the strength of the Legislative Assembly. The
smaller states can have a minimum of 12 Ministers.

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The Council of Ministers


The Council of Ministers

Oaths of Office and Secrecy

Before entering upon office the Ministers take the Oath of Office and Secrecy. Under Oath
of Office, he affirms:
1. He will bear true faith and allegiance to the Constitution of India and will uphold the
sovereignty and integrity of India
2. He will faithfully discharge the duties of a Minister
3. They will do right to all manner of people without fear or favor, affection or ill will.
Under Oath of Secrecy, the Minister affirms he will not reveal to any person any matter
which shall be brought under his consideration as a Minister except as may be required
for the due discharge of their duties.

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The Council of Ministers


The Council of Ministers

Categories of Ministers

Cabinet Ministers: The Cabinet Ministers hold major portfolios like Home, Defense,
Finance, etc. Only Cabinet Ministers have a right to attend meetings of the Cabinet. They
together determine the policy of the Government.
Ministers of State: They are not members of the Cabinet, and hence do not participate in
Cabinet Meetings. They may or may not be given an independent charge of a Ministry.
Deputy Ministers: They are junior Ministers . They are placed under the senior Ministers
to assist them. They take no part in Council of Ministers declarations.
Parliamentary Secretaries: They are placed under senior Ministers whom they are to
assist. This post exists in some States.

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The Council of Ministers


The Council of Ministers

Term of Office

The Ministers shall hold office during the pleasure of the Governor. The Council of
Ministers is, in fact, collectively responsible to the Legislative Assembly. The Governor
cannot dismiss a Chief Minister as long as he is enjoys the support of the Lok Sabha. As
far as other Ministers go, they will be dismissed by the Governor on the advice of the
Chief Minister. However, the Ministry has to resign if the Assembly votes him out or a
No-Confidence Motion is passed.

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The Council of Ministers


The Council of Ministers

Ministerial Responsibility
1.

2.

Collective Responsibility: The Council of Ministers is collectively responsible to the


Legislative Assembly. Members of the Council of Ministers swim and sink together.
When a decision has been taken by the Council of Ministers, every Minister has to
stand by it without hesitation. The essence of Collective Responsibility is that a measure
accepted by the Council of Ministers is a joint responsibility of everyone, whether or not he was
present at the meeting which reached the conclusion or whether he opposed it when discussed.
A No-Confidence Motion expresses want of confidence in Government. If the Motion
is passed, the Ministry has to resign.
Individual Responsibility: Though the Ministers are collectively responsible to the
Legislative Assembly, they will be individually responsible to the Head of State. The
Ministers hold office during the pleasure of the Governor. It implies that the Ministers
shall be liable to be dismissed by the Governor for their undesirable activities, but the
Governor acts on the advice of the Chief Minister. Usually if the Chief Minister asks a
Minister to resign, he readily does so. The Mister is also obliged to answer questions
pertaining to his department.

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The Council of Ministers


The Council of Ministers

Powers and Functions of the Cabinet

1.

2.

3.

The Council of Ministers formulates external and domestic policies of the Government. The
Cabinet takes decision on all major problems public health, water storage, etc.
Administrative or Executive Functions: Once the Cabinet has decided on a policy, the
appropriate Ministry must faithfully follow the directions of the Council of Ministers. The
Ministers are answerable to the State Legislatures as to the functioning of their respective
Departments. The Governor make all major appointments like Advocate-General, ViceChancellors of the State Universities, etc. on the aid and advice of the Ministers.
Financial Powers: The State Budget containing the estimates of income and expenditure of
the ensuing year is placed by the Finance Minister before the State Legislature. All decisions
regarding abolition or alteration of taxes must be taken by the Ministers. A Money Bill must
be recommended by the Governor and can be introduced only by a Minister.

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The Council of Ministers


The Council of Ministers

Powers and Functions of the Cabinet


6.

7.

Execution of Central Laws and Decisions of the Union Government: The Union Parliament
is empowered to give directions to the State Governments in certain matters. The States
should exercise their executive power so as to ensure compliance with the laws of
Parliament. For example, Railways is a Union subject, but police, including railway police, is
a State subject. The Union Government may give directions as to measures to be taken for
protection of railways within the state.
Legislative Functions (Main Function):
i.

ii.

iii.

Most of the Bills passed by the Legislature are Government Bills. The bills are introduced, explained and defended in
the Parliament by the Ministers.
The Cabinet prepares the Governors Address which sets forth its legislative programme for approval by the
Legislative Assembly.
In matter of issuing Ordinances the Governor acts on the advice of the Ministers.

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The Council of Ministers


The Council of Ministers

Control of Legislature over Council of Ministers

1.

2.

3.

4.
5.
6.

Interpellation (The Question Hour): The purpose of the question is to obtain


information on a matter of public importance or to ventilate a grievance.
The Zero Hour: The Zero Hour begins at 12 oclock soon after the Question Hour.
During Zero Hour members raise all types of questions without prior notice or
permission.
Adjournment Movement: An adjournment Motion proposes the House should lay
aside all other business to consider a matter of urgent public importance .
No-Confidence Motion: It expresses a want of Confidence in the Ministry.
Cut Motion: [Not in Syllabus]
Censure Motion : [Not in Syllabus]

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The Council of Ministers


The Council of Ministers

Control of Cabinet over the Legislative Assembly

1.

2.

3.

Power of the Purse: The Cabinet is responsible for whole of the expenditure of
government and raising such necessary revenues to meet it. A Money Bill can be
introduced only by a Minister. The Cabinet is responsible for actual spending of
Grants.
Control over the Business of the House: The legislative proposals are introduced,
explained and defended on the Assembly by the Ministers.
Dissolution of the Legislative Assembly: The Governor has the right to dissolve the
Legislative Assembly, on the advice of the CM.

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The Council of Ministers


The Council of Ministers

Comparison of the State Council of Ministers with the Union Council


of Ministers

1.

2.

3.

4.

5.

Governor stands at the head of the executive power of the State, just as the President
stands for the head of the executive power of the Union.
The Chief Minister is the head of the State Council of Ministers, just as The Prime
Minister is the head of the Union Council of Ministers.
The Chief Minister is appointed by the Governor, while other ministers are appointed
by him on the CMs advice. Similarly, Union Ministers and the PM is appointed in that
way.
The State Council of Ministers is collectively responsible to the Legislative Assembly,
just as the Union Council of Ministers is collectively responsible to the Lok Sabha.
The President shall act in accordance with the advice of the Council of Ministers. But
there are matters in respect of which the Governor is empowered to act in his
discretion. The Governors have special responsibilities of peace and administration of
tribal areas. He acts in the directions issued by the President, and not in accordance
with the advice on the Council of Ministers.

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The Council of Ministers


The Council of Ministers