Chief Minister

    In India’s parliamentary system, the Governor serves as the nominal executive authority (de jure executive), while the Chief Minister is the real executive authority (de facto executive). The Chief Minister holds a position analogous to the Prime Minister at the national level and is responsible for running the state government.

Appointment of Chief Minister

The Constitution does not outline a specific procedure for the appointment of the Chief Minister. According to Article 164, the Chief Minister is appointed by the Governor. However, this does not grant the Governor the discretion to appoint anyone; following parliamentary conventions, the Governor must appoint the leader of the majority party in the state legislative assembly as Chief Minister.

1. 1. Clear Majority: In situations where a single party has a clear majority in the assembly, the Governor appoints that party’s leader as Chief Minister.
   2. Hung Assembly: If no party holds a majority, the Governor may exercise personal discretion to appoint the leader of the largest party or coalition, often requiring them to seek a vote of confidence within a month.
   3. Succession on Death: When a serving Chief Minister dies unexpectedly and there is no clear successor, the ruling party typically elects a new leader, whom the Governor must then appoint as Chief Minister.
   4. Membership Requirement: There is no constitutional requirement for a person to prove their majority in the assembly before being appointed. The Governor can appoint a person who is not yet a member of the state legislature but must ensure they are elected within six months; if not, they relinquish their position.
   5. Legislative House Membership: The Chief Minister may belong to either House of the state legislature, although they are conventionally selected from the Lower House (Legislative Assembly). Instances of appointments from the Upper House (Legislary Council) have also occurred.

Oath, Term, and Salary

Oath of Office: Before assuming office, the Chief Minister takes an oath of office and secrecy administered by the Governor. In the oath, the Chief Minister pledges to:

1. 1. Bear true faith and allegiance to the Constitution of India.
   2. Uphold the sovereignty and integrity of India.
   3. Faithfully and conscientiously discharge their duties.
   4. Treat all people fairly in accordance with the Constitution and laws, without fear or favor.

Tenure: The Chief Minister does not have a fixed term and holds office during the pleasure of the Governor. However, the Governor cannot dismiss the Chief Minister as long as they hold the confidence of the assembly. If the Chief Minister loses this confidence, they are required to resign, or the Governor may dismiss them.

Salary and Allowances: The state legislature determines the Chief Minister’s salary and allowances, which are in addition to the benefits received as a member of the legislature. These benefits typically include a sumptuary allowance, free accommodation, travel allowances, and medical facilities.

Powers and Functions of the Chief Minister

The Chief Minister (CM) of a state in India plays a critical role in the governance and functioning of the state. Their powers and functions can be categorized based on their relationship with the Council of Ministers, the Governor, and the State Legislature, as well as other responsibilities.

In Relation to the Council of Ministers

As the head of the council of ministers, the Chief Minister has the following powers:

1. 1. Appointment of Ministers: The Governor appoints ministers based on the recommendation of the Chief Minister.
   2. Portfolio Management: The Chief Minister allocates and reshuffles portfolios among the ministers as needed.
   3. Ministerial Dismissal: The Chief Minister can ask a minister to resign or advise the Governor to dismiss them if there is a significant difference of opinion.
   4. Presiding over Meetings: The Chief Minister presides over meetings of the council of ministers and influences its decisions.
   5. Coordination Role: The Chief Minister guides, directs, controls, and coordinates the activities of all ministers.
   6. Council of Ministers Collapse: The Chief Minister can cause the collapse of the council of ministers by resigning, which will automatically dissolve the council. In contrast, the resignation or death of other ministers only results in vacancies.

In Relation to the Governor

The Chief Minister’s powers concerning the Governor include:

1. Communication Channel: The Chief Minister serves as the primary communication link between the Governor and the council of ministers, responsible for:

• • Informing the Governor of all decisions made by the council.
  • Providing information requested by the Governor about state administration and legislation.
  • Submitting matters taken up by individual ministers for consideration by the council of ministers.

2. Advisory Role: The Chief Minister advises the Governor regarding the appointment of key officials, including the Advocate General, the chairman and members of the State Public Service Commission, and the State Election Commissioner.

In Relation to the State Legislature

As the leader of the House, the Chief Minister possesses the following powers:

1. 1. Session Management: Advises the Governor regarding the summoning and proroguing of state legislature sessions.
   2. Dissolution Recommendations: Can recommend the dissolution of the legislative assembly to the Governor at any time.
   3. Policy Announcements: The Chief Minister announces government policies on the floor of the House.

Other Functions

In addition to the above roles, the Chief Minister also:

1. 1. Chairs the State Planning Board: Provides leadership for state development planning.
   2. Serves as Vice-Chairman: Acts as vice-chairman of the zonal council on a rotational basis for one year.
   3. Membership in Coordination Bodies: Participates in the Inter-State Council and the Governing Council of NITI Aayog.
   4. Government Spokesperson: Acts as the chief spokesperson for the state government.
   5. Crisis Management: Takes on the role of crisis manager during emergencies at the political level.
   6. Community Engagement: Meets with various community sections, addressing their issues and concerns.
   7. Political Head of Services: Oversees the functioning of state services, holding a significant role in administration.

Despite the extensive powers of the Chief Minister, the discretionary powers of the Governor may at times limit their authority and influence within the state administration.

Relationship with the Governor

The constitutional framework delineates the relationship between the Governor and the Chief Minister through the following articles:

1. Article 163: Establishes a council of ministers headed by the Chief Minister to aid and advise the Governor on various functions, except when the Governor acts in their discretion.
2. Article 164:
   • (a) The Chief Minister is appointed by the Governor, who also appoints other ministers based on the Chief Minister’s advice.
   • (b) Ministers hold office at the Governor’s pleasure.
   • (c) The council of ministers is collectively responsible to the legislative assembly.
3. Article 167: Obliges the Chief Minister to:
   • Inform the Governor about the council’s decisions related to state administration and legislative proposals.
   • Provide any additional information called for by the Governor regarding state administration.
   • Submit matters for consideration if requested by the Governor.

Articles Related to Chief Minister at a Glance

This table summarizes the key Articles of the Indian Constitution that govern the powers, functions, and responsibilities of the Chief Minister and the council of ministers in state governance. 

      The Chief Minister serves a vital role in the administration of the state, functioning as the head of government and working closely with both the council of ministers and the Governor. The constitutional provisions ensure a balance between the powers of the Chief Minister and the authority of the Governor, maintaining the effectiveness of state governance within the broader framework of India’s parliamentary democracy.