CHIEF MINISTER
Polity
Introduction
- The Chief Minister (CM) at the state level is analogous to the Prime Minister at the Centre.
- CM is the real executive (de facto), while the Governor is the nominal executive (de jure).
- Article 163: Council of Ministers (CoM) to aid and advise the Governor.
- Article 164: Chief Minister shall be appointed by the Governor.
Appointment of Chief Minister
- Though Article 164 says CM is appointed by the Governor, he must follow parliamentary conventions.
- Governor appoints the leader of the majority party in the Legislative Assembly.
- A non-legislator can be appointed CM but must get elected within six months.
- CM may be a member of either House of the Legislature.
Oath, Term and Salary
- Governor administers the oath of office and secrecy.
- CM holds office during the pleasure of the Governor.
- As long as CM enjoys majority support, he cannot be dismissed.
- If CM loses majority, he must resign or Governor may dismiss him.
- Salary and allowances are fixed by the state legislature; CM receives the salary of an MLA.
Powers and Functions of Chief Minister
1. CM and Council of Ministers
- CM recommends names of ministers to the Governor.
- Allocates and reshuffles portfolios.
- Can ask a minister to resign or advise dismissal.
- Presides over CoM meetings; guides and coordinates ministers.
- CM’s resignation leads to dissolution of CoM.
- Acts as the chief spokesperson of the government.
- Leads the ruling party; political head of administration.
2. CM and the Governor (Art. 167)
- CM is the principal communication link between Governor and CoM.
- Must communicate Cabinet decisions to Governor.
- Must provide any information sought by the Governor.
- Must place before CoM any matter the Governor requires.
- Advises the Governor in key appointments: Advocate General, State PSC members, SEC etc.
3. CM and State Legislature
- Leader of the Legislative Assembly.
- Advises Governor on summoning, proroguing, and dissolving the Assembly.
- Announces government policies on the floor of the House.
Other Important Roles
- Member of Inter-State Council and Governing Council of NITI Aayog.
- Chairman of State Planning Board.
- Vice-chairman of Zonal Council (rotation basis).
- Chief crisis manager during emergencies.
- Chairperson of the State Disaster Management Authority (SDMA).
Constitutional Provisions Governing CM–Governor Relations
Article 163
- CoM with CM at the head aids and advises the Governor.
- Governor must act on advice except in discretionary areas.
Article 164
- CM appointed by Governor.
- Ministers appointed by Governor on CM’s advice.
- Ministers hold office during Governor’s pleasure.
- CoM collectively responsible to Legislative Assembly.
Article 167
Duties of Chief Minister:
1. Communicate CoM decisions to Governor.
2. Provide information Governor requires.
3. Submit matters before CoM when required by Governor.
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Subject: Polity
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