The position of the Chief Minister at the state level is analogous to the position of Prime Minister at the Centre.
- CM is the real executive authority (de facto executive) in parliamentary system of government. (Governor – Nominal; de jure executive)
- CM is the head of the government. (Governor is the head of the State)
- 163 – Council of Ministers to aid and advise Governor.
- 164 – Says only that the Chief Minister shall be appointed by the Governor.
- The Constitution does not contain any specific procedure for the selection and appointment of the CM. It’s by and large, governed by parliamentary
Appointment of Chief Minister
- 164 – Says only that the Chief Minister shall be appointed by the GOVERNOR.
- However, the Governor is not free to appoint anyone as the Chief Minister.
- Conventions of the parliamentary system – The Governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
- 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
- According to the Constitution, the Chief Minister may be a
member of any of the two Houses
Oath, Term and Salary
- Governor administers to him the oaths of office and secrecy.
- The term of the CM is not fixed and he holds office during the pleasure of the Governor.
- So long as the CM enjoys the majority support in the legislative assembly, CM cannot be dismissed by the Governor.
- In case of loss of confidence (majority) of the legislative assembly, CM must resign or the Governor can dismiss him.
- The salary and allowances of the CM are determined by the state legislature from time to time. CM gets the salary and allowances that are payable to a member of state legislature.
Power & Functions of Chief Minister
- Role of CM w.r.t. CoM
- CM recommends persons who can be appointed as ministers by the governor. The governor can appoint only those persons as ministers who are recommended by the CM.
- He allocates and reshuffles various portfolios among the ministers.
- He can ask a minister to resign or advise the governor to dismiss him in case of difference of opinion.
- He presides over the meeting of CoM and influences its decisions.
- He guides, directs, controls, and coordinates the activities of all the ministers.
- He can bring about the collapse of the CoM by resigning from office.
- The resignation or death of an incumbent CM automatically dissolves the CoM and thereby generates a vacuum.
- The resignation or death of any other minister, on the other hand, merely creates a vacancy which the CM may or may not like to fill.
- He is the chief spokesman of the state government.
- He is leader of the party in power in state.
- He is political head of the services.
Role of CM w.r.t. Governor
- CM is the principal channel of communication (Art. 167) between the governor and CoM.
- It is the duty of the CM to communicate to the governor all decisions (Art. 167) of the CoM, to furnish such information relating to the administration as the governor may call for and if the governor so requires, to submit for the consideration of the CoM any matter on which a decision has been taken by a minister but which has not been considered by the council.
- CM advises the governor with regard to the appointment of important officials like Advocate General, chairman and members of the state public service commission, state election commissioner, and so on.
Role of CM w.r.t. State Legislature
- The CM is the leader of the state legislative assembly.
- He advises the governor with regard to summoning and proroguing of the sessions of the state legislature.
- He can recommend dissolution of the legislative assembly to governor at any time.
- He announces government policies on the floor of the House.
Other Power & Functions
- He is a member of the Inter-State Council and the Governing Council of NITI Aayog (both headed by the prime minister)
- CM is chairman of the State Planning Board.
- CM is vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time.
- He is the crisis manager-in-chief at the political level during emergencies.
- CM is Chairperson of State Disaster Management Authority (SDMA)
Relationship with Governor
- 163 – There shall be a CoM with the CM at the head to aid and advise the Governor who shall, in the exercise of his functions, act in accordance with such advice, except in so far as he is required to exercise his functions or any of them in his discretion.
- 164- The CM shall be appointed by the Governor and the other ministers shall be appointed by the Governor on the advice of the CM.
- The ministers shall hold office during the pleasure of the Governor.
- The CoM shall be collectively responsible to the legislative assembly of the state.
- 167 – It shall be the duty of the Chief Minister:
- to communicate to the Governor of the state all decisions of the CoM 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 CoM.
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