Chief Minister and Council of Ministers

The Chief Minister is the real/de facto executive authority of the state while the Governor is the de jure (nominal) head.

Appointment: Article 164 states the CM shall be appointed by the Governor. The constitutional practice is:

• The leader of the majority party in the Vidhan Sabha is invited to form the government.
• In a hung assembly (no clear majority), the Governor exercises discretion and may invite the single largest party, or a pre-poll alliance, or the post-poll largest combination — following Nabam Rebia (2016) guidelines and Sarkaria Commission norms.

No Constitutional Qualifications: There are no qualifications specifically mentioned in the Constitution for becoming a CM except:

• Must be a citizen of India.
• Must be a member of the state legislature, OR must become a member within 6 months of appointment.
• Must be above 25 years of age (qualification for Vidhan Sabha membership).

Term:

• No fixed term is prescribed.
• Holds office during the pleasure of the Governor — but cannot be dismissed as long as he commands majority in the Vidhan Sabha.
• If his party loses majority and he refuses to resign, the Governor can withhold summoning of the House to test majority.

Oath: Administered by the Governor (oath of office + oath of secrecy).

A. In Relation to the Council of Ministers:

• He recommends persons to be appointed as ministers — the Governor can only appoint those recommended by the CM.
• He allocates and reshuffles portfolios (subject to Governor's approval in practice).
• He can ask a minister to resign or advise the Governor to dismiss him.
• His resignation or death automatically dissolves the Council of Ministers — the CoM is truly collective.
• He presides over meetings of the CoM and influences/guides its decisions.

B. In Relation to the Governor (Article 167):

• He is the principal channel of communication between the Governor and the CoM.
• Duty to communicate to the Governor all decisions of the CoM relating to administration 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 consideration of the CoM any matter on which a decision has been taken by a minister but which has not been considered by the CoM.

C. In Relation to the State Legislature:

• Advises the Governor on summoning, proroguing sessions.
• Recommends dissolution of Vidhan Sabha to the Governor.
• Announces government policies in the House.
• Leader of the house; manages legislative business.

D. Other Powers:

• Chairman of the State Planning Board.
• Member of the Inter-State Council if constituted.
• Member of the National Development Council (now NITI Aayog Governing Council).
• CM is the crisis manager of the state.

Article 163: There shall be a CoM with the CM at the head to aid and advise the Governor in the exercise of his functions, except those functions he is required to exercise in his discretion. Key point: the Governor's discretion is limited — he can question but must ultimately act on the CoM's advice.

Article 164: Key provisions:

1. Ministers are appointed by the Governor on the advice of the CM.
2. Ministers hold office during the pleasure of the Governor (effectively pleasure of CM).
3. Collective Responsibility to the Vidhan Sabha.
4. A minister who is a member of the Vidhan Parishad can participate but CANNOT vote in the Vidhan Sabha.
5. Provides for a Minister of Tribal Welfare in states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha.

Size of CoM (91st Amendment Act, 2003):

• Total ministers (including CM) shall NOT exceed 15% of the total membership of the Vidhan Sabha.
• But shall NOT be less than 12 ministers in any state.
• A member of state legislature who is disqualified under the 10th Schedule (anti-defection) shall also be disqualified from being a minister.

Categories of Ministers:

1. Cabinet Ministers — Heads of important departments; attend all Cabinet meetings.
2. Ministers of State (Independent Charge) — Head departments independently without supervision of a Cabinet Minister.
3. Ministers of State — Assist Cabinet Ministers; attend Cabinet meetings only when invited.
4. Deputy Ministers — Assist Cabinet Ministers and Ministers of State; NOT independent.

Collective Responsibility (Article 164): The cornerstone of parliamentary democracy:

• The CoM is collectively responsible to the Vidhan Sabha (lower house) — NOT to the Vidhan Parishad.
• All ministers must agree publicly with Cabinet decisions even if they privately disagreed.
• If a vote of no-confidence is passed against the government, ALL ministers (including those who individually still enjoy confidence) must resign.
• "They swim and sink together."

Individual Responsibility:

• Each minister is individually responsible for his ministry.
• A minister can be asked to resign by the CM without the entire Cabinet resigning.
• Governor removes a minister only on the advice of the CM.

Coalition Governments and Collective Responsibility: In modern India, coalition governments have tested collective responsibility. When coalition partners disagree, the Cabinet may issue statements allowing individual ministers to express varying views — this is called "agree to disagree" provision.

Parliamentary Secretaries: Many states appoint Parliamentary Secretaries to assist ministers. The SC in Bimolangshu Roy v. State of Assam (2021) has questioned whether such appointments are constitutional, as they may be counted toward the 15% cap.

Council of Ministers vs. Cabinet:

Organisation (Articles 168-212): State legislatures are either unicameral (Vidhan Sabha only) or bicameral (Vidhan Sabha + Vidhan Parishad).

6 States with Bicameral Legislature: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka.

Creation/Abolition of Vidhan Parishad (Article 169):

• Parliament can abolish or create a Vidhan Parishad for a state.
• The Vidhan Sabha must first pass a resolution by special majority (majority of total membership AND 2/3rd of members present and voting).
• Then Parliament passes a law — this is an ordinary law, NOT a constitutional amendment.

Vidhan Sabha (Legislative Assembly):

• Maximum: 500 members | Minimum: 60 members (exceptions: Sikkim-32, Goa-40, Mizoram-40).
• Members directly elected by the people through universal adult franchise.
• Duration: 5 years from the date of its first sitting; can be dissolved earlier by the Governor. Can be extended during a national emergency (one year at a time).
• Quorum: 1/10th of total membership.

Vidhan Parishad (Legislative Council):

• Maximum: 1/3rd of Vidhan Sabha strength | Minimum: 40 members.
• A permanent body — cannot be dissolved. 1/3rd of members retire every two years.
• Term: 6 years for each member.
• Composition:
  • 1/3rd — elected by local bodies.
  • 1/12th — elected by graduates (3 years standing).
  • 1/12th — elected by teachers (3 years standing).
  • 1/3rd — elected by Vidhan Sabha members.
  • 1/6th — nominated by Governor (literature, science, art, cooperative movement, social service).

Powers of Vidhan Parishad:

• On ordinary bills: Can delay by max 4 months (3 months first + 1 month second).
• On Money Bills: No power — can only make recommendations within 14 days.
• NO Joint Sitting — unlike Parliament.