STATE COUNCIL OF MINISTERS
Polity
Constitutional Provisions
Article 163 – Council of Ministers to aid and advise Governor
• Council of Ministers headed by Chief Minister aids and advises the Governor.
• If any question arises on Governor’s discretion, Governor’s decision is final.
• Advice tendered by Ministers cannot be inquired into by any court.
Article 164 – Other Provisions as to Ministers
• Chief Minister appointed by Governor.
• Other Ministers appointed by Governor on advice of CM.
• Ministers hold office during the pleasure of the Governor.
• Council of Ministers collectively responsible to Legislative Assembly.
• A minister who is not MLA/MLC for six months ceases to be minister.
Article 166 – Conduct of Business
• All executive action expressed in the name of Governor.
• Orders/instruments authenticated as per rules made by Governor.
Article 167 – Duties of Chief Minister
• Communicate all decisions of Council of Ministers to Governor.
• Provide necessary information to Governor.
• Submit matters to Council if required by Governor.
Article 177 – Rights of Ministers
• Ministers can participate in proceedings of both Houses and committees.
• Cannot vote in the House to which they do not belong.
Nature of Ministerial Advice
• Courts cannot inquire into the nature of advice.
• Advice is confidential; relationship between Governor and ministers is intimate.
Appointment of Ministers
• CM appointed by Governor.
• Other ministers appointed by Governor based on CM's advice.
• Tribal Welfare Minister mandatory in Odisha, MP, Chhattisgarh, Jharkhand.
• Ministers usually from state legislature.
• Minister not MLA/MLC for six months → loses office.
• Ministers can speak in both Houses; vote only in House they belong to.
Oath and Salary
• Oath of Office & Secrecy administered by Governor.
• Salaries decided by State Legislature.
Responsibilities of Ministers
Collective Responsibility
• Principle of parliamentary system.
• Council of Ministers stands or falls together.
• No-confidence motion → entire CoM resigns.
• All ministers must support cabinet decisions.
Individual Responsibility
• Ministers hold office during pleasure of Governor.
• Governor removes minister only on advice of CM.
No Legal Responsibility
• No countersignature required for Governor’s acts.
• Courts cannot inquire into advice tendered.
Composition of Council of Ministers
Three categories:
1. Chief Minister
2. Cabinet Ministers (Inner core, real decision-makers)
3. Ministers of State (with/without independent charge)
Cabinet
• Smaller, powerful body within CoM.
• Real executive authority of the state.
• Advises Governor.
• Steering wheel of the state government.
Cabinet Committees
• Two types: Standing Committees & Ad Hoc Committees.
• Formed by CM as per needs.
• Help process issues & formulate proposals.
• Cabinet may review their decisions.
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Subject: Polity
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