Chief Minister

• In the parliamentary system:
  • Governor: Nominal executive (de jure).
  • Chief Minister: Real executive (de facto).
  • Governor: Head of the state.
  • Chief Minister: Head of the government.
• The position of Chief Minister at the state level is analogous to the position of Prime Minister at the Centre.

Appointment of Chief Minister

• The Constitution lacks a specific procedure for the selection and appointment of the Chief Minister.

• Article 164: Chief Minister is appointed by the Governor.

• The governor appoints the leader of the majority party in the state legislative assembly as the Chief Minister.

• In case of no clear majority, the Governor can exercise discretion and usually appoints the leader of the largest party or coalition, asking them to seek a vote of confidence within a month.

• When a Chief Minister dies in office without an obvious successor, the Governor may have to use individual judgement in the appointment. However, the ruling party usually elects a new leader whom the Governor has to appoint.

• The Constitution does not require pre-appointment majority proof in the legislative assembly. The Governor may first appoint the Chief Minister and then ask him/her to prove their majority within a reasonable period.

• A non-legislator can be appointed Chief Minister for six months, within which they must get elected to the state legislature, failing which they cease to be the Chief Minister.

• The Chief Minister can be a member of either House of the state legislature. Usually from the Lower House, but sometimes from the Upper House.

• Sarkaria Commission (1983-88) recommendations for selection and appointment:

  1. Governor should be guided by these principles:
     • The party or coalition that commands the widest support in the Legislative Assembly should be called upon to form the government.
  2. If a single party has an absolute majority, its leader should automatically be asked to become the Chief Minister. If no such party exists, the Governor should select from the following, in order of preference:
     • An alliance of parties formed before the elections.
     • The largest single party staking a claim with the support of others, including independents.
     • A post-electoral coalition, with all partners joining the government.
     • A post-electoral alliance, with some parties forming a government and the rest supporting from outside.
  3. A Chief Minister (unless leader of a party with absolute majority) should seek a vote of confidence within 30 days of taking over.
  4. If members of the Legislative Assembly contest the incumbent Chief Minister's majority, the Governor should have the issue tested on the floor of the House.

Oath, Term, and Salary

• Before entering office, the Governor administers oaths of office and secrecy to the Chief Minister.
• Oath of Office: The Chief Minister swears to:
  1. Bear true faith and allegiance to the Constitution of India.
  2. Uphold the sovereignty and integrity of India.
  3. Faithfully and conscientiously discharge duties.
  4. Do right to all people per the Constitution and the law, without fear or favour.
• Oath of Secrecy: The Chief Minister swears not to directly or indirectly communicate or reveal any matter brought under consideration or known as a state minister except as required for duty.
• The term of the Chief Minister is not fixed and he/she holds office during the pleasure of the governor but cannot be dismissed as long as he/she enjoys the majority support in the legislative assembly.
• Losing the confidence of the assembly requires resignation or can lead to dismissal by the Governor.
• The salary and allowances of the Chief Minister are determined by the state legislature. In addition to this, he/she receives a sumptuary allowance, free accommodation, traveling allowance, medical facilities, etc.

Powers and Functions of Chief Minister

• In Relation to Council of Ministers:

  • The governor appoints only those persons as ministers who are recommended by the Chief Minister.
  • Allocation and reshuffling of portfolios among ministers.
  • Ability to ask a minister to resign or advise the governor to dismiss a minister in case of a difference of opinion.
  • Presides over the meetings of the council of ministers and influences its decisions.
  • Guides, directs, controls, and coordinates the activities of all the ministers.
  • Can bring about the collapse of the council of ministers by resigning. Since the Chief Minister is the head of the council of ministers, his/her resignation or death automatically dissolves the council of ministers. The resignation or death of any other minister, on the other hand, merely creates a vacancy, which the Chief Minister may or may not like to fill.

• In Relation to the Governor:

  • The principal channel of communication between the governor and the council of ministers.
  • Duties of Chief Minister:
    • Communicate all decisions of the council of ministers regarding administration and legislation.
    • Furnish information relating to administration and legislation as the Governor may call for.
    • Submit any matter for the consideration of the council of ministers if the Governor requires.
  • Advises the governor on the appointment of important officials like advocate general, chairman and members of the state public service commission, state election commissioner, etc.

• In Relation to State Legislature:

  • Advises the Governor regarding the summoning and proroguing of sessions.
  • Can recommend the dissolution of the Legislative Assembly to the Governor at any time.
  • Announces government policies on the floor of the House.

• Other Powers and Functions:

  • Chairman of the State Planning Board.
  • Acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time.
  • A member of the Inter-State Council and the Governing Council of NITI Aayog.
  • Chief spokesperson of the state government.
  • Crisis manager-in-chief at the political level during emergencies.
  • Meets with various sections of the people and receives memoranda regarding their problems.
  • Leader of the party in power.
  • The political head of the services.
  • Plays a significant and crucial role in state administration.
  • The discretionary powers enjoyed by the governor reduces to some extent the power, authority, influence, prestige, and role of the Chief Minister in the state administration.

Relationship with the Governor

• Key Articles defining the relationship:

  • Article 163: Council of Ministers with the Chief Minister to aid and advise the Governor, except when the Governor exercises discretion.
  • Article 164:
    • The Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the Chief Minister's advice.
    • Ministers hold office during the pleasure of the Governor.
    • The council of ministers is collectively responsible to the legislative assembly.
  • Article 167:
    • The duty of the Chief Minister to communicate decisions, furnish information, and submit matters for consideration by the council of ministers when required by the Governor.

Article No.	Subject-matter
163	Council of Ministers to aid and advise Governor
164	Other provisions as to Ministers
166	Conduct of business of the Government of a State
167	Duties of Chief Minister as respects the furnishing of information to Governor, etc.
177	Rights of Ministers as respects the Houses