State Council of Ministers

       Under the framework provided by the Constitution of India, which establishes a parliamentary system of government at both the Centre and the states, the State Council of Ministers is headed by the Chief Minister and serves as the real executive authority within the state’s politico-administrative structure. The functioning and constitution of this council are governed by Articles 163 and 164.

Constitutional Provisions

• • Article 163: This article stipulates that there shall be a council of ministers with the Chief Minister at its head to aid and advise the Governor in exercising his functions, except in matters where the Governor is required to act at their discretion.
  • Article 164:
    1. 1. The Governor appoints the Chief Minister, who recommends others to be appointed as ministers.
       2. In states like Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, a minister responsible for tribal welfare is mandatory.
       3. The total number of ministers, including the Chief Minister, is limited to 15% of the total strength of the state legislative assembly, with a minimum of 12 ministers.
       4. A member of either House who is disqualified due to defection is ineligible for ministerial appointments.
       5. Ministers hold office during the Governor’s pleasure and can be removed by him.

• • Article 166: This article outlines that all executive actions of the state government are to be taken in the name of the Governor, and provides rules for the authentication of orders made in his name.
  • Article 167: The Chief Minister’s duties include:
    1. Communicating all council decisions relating to state administration and legislation to the Governor.
    2. Furnishing any information pertaining to state administration upon the Governor’s request.
    3. Submitting matters to the council of ministers for consideration if required by the Governor.

• • Article 177: Grants ministers the right to participate in the proceedings of the state legislature but prohibits them from voting.

Nature of Advice by Ministers

      Under Article 163, the council of ministers is essential for advising the Governor, except in instances where the Governor must act in their discretion. The Governor’s decision on what constitutes discretion is final, and the courts cannot challenge the validity of the Governor’s actions based on whether they should have acted upon the advice of the ministers.

Judicial Interpretations

The Supreme Court has ruled that:

• • A council of ministers must always be in place to advise the Governor, even after the dissolution of the state legislative assembly or the resignation of the council.
  • The Governor must act based on the advice of the council of ministers, except in specific discretionary realms. When the Constitution necessitates the Governor’s satisfaction, it implies the satisfaction of the council of ministers, rather than the personal opinion of the Governor.

Appointment of Ministers

        In India, the Chief Minister is appointed by the Governor, who also appoints other ministers based on the Chief Minister’s recommendations. This process highlights the Governor’s role as a constitutional head while ensuring that the elected Chief Minister has the authority to form the council of ministers.

Key Provisions:

1. 1. Recommendation by Chief Minister: The Governor appoints ministers only from among those recommended by the Chief Minister.
   2. Tribal Welfare Minister: In the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, there is a requirement for a designated Tribal Welfare Minister. Originally, this provision also applied to Bihar but was removed by the 94th Amendment Act of 2006, as there are no Scheduled Areas in Bihar, and the population of Scheduled Tribes is minimal. The amendment extended this requirement to the newly formed states of Chhattisgarh and Jharkhand.
   3. Eligibility to Hold Office: Ministers are typically chosen from the state legislature (either the Legislative Assembly or the Legislative Council). However, individuals who are not currently members of either House can also be appointed as ministers. If appointed, they must become a member within six months (by election or nomination), or they will cease to be a minister.
   4. Rights of Ministers in the Legislature: A minister who is a member of one House of the state legislature has the right to speak and participate in proceedings of the other House but is only allowed to vote in the House of which they are a member.

Oath and Salary of Ministers

Oath of Office

Before assuming office, each minister is administered an oath of office and secrecy by the Governor. In the oath, the 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 perform their duties.
   4. Act justly towards all individuals according to the Constitution and law, without bias or partiality.

In the oath of secrecy, the minister commits to maintaining confidentiality regarding internal matters that they consider or learn during their tenure, except as required in executing their official duties.

Salary and Allowances

The salaries and allowances of ministers are determined by the state legislature. In addition to their salaries, which align with the allowances payable to members of the state legislature, ministers enjoy several perks:

• • Sumptuary Allowance: Based on their rank within the government.
  • Free Accommodation: Typically provided in government residences.
  • Travel Allowances: Coverage for travel-related expenses.
  • Medical Facilities: Access to medical care for ministers and their families.

Responsibility of Ministers

Collective Responsibility

     A fundamental principle of the parliamentary system of government in India is collective responsibility.

Article 164 explicitly states that the council of ministers is collectively responsible to the legislative assembly of the state. This principle embodies the concept that all ministers share joint responsibility for their actions, decisions, and policies. The implications of collective responsibility include:

• • Team Accountability: Ministers work as a cohesive team; their fate is linked. If a no-confidence motion is passed against the council of ministers, all members, including those from the legislative council, must resign.
  • Dissolution of the Assembly: The council of ministers can advise the Governor to dissolve the legislative assembly if it is determined that the assembly does not faithfully represent the electorate’s views and call for fresh elections. However, the Governor is not obliged to accede to this request if the council has lost the confidence of the assembly.
  • Cabinet Decisions: Cabinet decisions bind all ministers, regardless of their personal opinions expressed during cabinet meetings. If a minister disagrees with a decision and cannot support it publicly, they are expected to resign. There have been instances of ministers resigning due to such disagreements.

Individual Responsibility

Article 164 also introduces the concept of individual responsibility:

• • Tenure at the Governor’s Pleasure: Ministers hold office during the pleasure of the Governor, meaning the Governor has the authority to remove a minister even if the council of ministers retains the assembly’s confidence, but this action must be based on the Chief Minister’s advice.
  • Chief Minister’s Authority: In cases where a minister’s performance is unsatisfactory or if there’s a difference of opinion, the Chief Minister can request the minister’s resignation or advise the Governor to dismiss them. This ensures the collective responsibility is upheld.

No Legal Responsibility

Similar to the Central government, there is no provision in the Constitution for the legal responsibility of ministers at the state level:

• Lack of Countersigning Requirement: Unlike public acts requiring signatures of ministers, orders of the Governor do not necessitate countersigning.
• Judicial Non-Interference: Courts are barred from inquiring into the nature of advice given by ministers to the Governor, reinforcing the independence of the executive.

Composition of the Council of Ministers

The Constitution does not specify the size or hierarchy of the state council of ministers. These aspects are determined by the Chief Minister based on the needs of governance.

Categories of Ministers: The council consists of three categories:

• • Cabinet Ministers: They head significant government departments (e.g., home, education, finance) and are members of the cabinet, actively participating in policy decisions and cabinet meetings.
  • Ministers of State: They may either have independent charge of departments or assist cabinet ministers. They do not belong to the cabinet and only attend cabinet meetings if specifically invited.
  • Deputy Ministers: These ministers assist cabinet ministers without having independent charge of any department. They are not cabinet members and do not attend cabinet meetings.

Deputy Chief Minister: Occasionally, a Deputy Chief Minister may be appointed, typically for political reasons, particularly to represent local interests.

Cabinet

     The Cabinet is a smaller and more authoritative subset of the council of ministers in a state government. It comprises only cabinet ministers and serves as the core decision-making body, central to the political and administrative framework of the state.

Roles of the Cabinet

The Cabinet performs several critical functions:

1. 1. Highest Decision-Making Authority: It serves as the ultimate decision-making authority within the politicoadministrative system of the state.
   2. Chief Policy Formulating Body: The Cabinet is responsible for formulating major policies that guide the state’s governance.
   3. Supreme Executive Authority: It acts as the supreme executive authority within the state government, implementing laws and policies.
   4. Chief Coordinator of State Administration: The Cabinet coordinates various activities and functions across different government departments and ministries.
   5. Advisory Role to the Governor: The Cabinet advises the Governor in the exercise of their functions, ensuring a smooth relationship between the executive and the nominal head of state.
   6. Crisis Management: It acts as the chief crisis manager, tackling emergency situations and formulating responses to urgent matters.
   7. Legislative and Financial Matters: The Cabinet deals with all significant legislative and financial issues impacting the state.
   8. Control Over Appointments: It exercises control over critical appointments, including constitutional authorities and senior administrative officials.

Cabinet Committees

The Cabinet functions through various Cabinet Committees, which can be categorized as follows:

• • Standing Committees: These are permanent in nature, established to address ongoing issues and responsibilities.
  • Ad Hoc Committees: These are temporary bodies formed to deal with specific situations or exigencies.

The Chief Minister establishes the committees based on current needs and situations, leading to variations in their number, nomenclature, and composition over time.

Cabinet Committees play a critical role in:

• • Sorting out issues.
  • Formulating proposals for Cabinet consideration.
  • Making decisions on specific matters, with the understanding that the Cabinet retains the authority to review those decisions.

Articles Related to State Council of Ministers at a Glance

       The Cabinet plays an essential role in the governance of a state, functioning as the key authority for decision-making and policy formulation. The structure of Cabinet Committees enhances the efficiency of this process, allowing for focused attention on specific issues while maintaining flexibility in governance. The constitutional articles governing the council of ministers further support the operational framework within which the Cabinet functions.