State Council of Ministers

• The council of ministers, headed by the chief minister, is the real executive authority in the state, mirroring the Union pattern.
• Articles 163 and 164 broadly outline the principles of the parliamentary system in the states.

Constitutional Provisions

• Article 163: Council of Ministers to aid and advise Governor
  • A Council of Ministers, headed by the Chief Minister, shall aid and advise the Governor except when the Governor exercises discretionary functions.
  • The Governor's decision on whether a matter falls within their discretion is final and not subject to questioning.
  • The advice given to the Governor by the Ministers cannot be inquired into by any court.
• Article 164: Other Provisions as to Ministers
  • The Governor appoints the Chief Minister. Other ministers are appointed by the Governor on the Chief Minister's advice.
  • In Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, a Minister in charge of tribal welfare is required.
  • The total number of ministers, including the CM, cannot exceed 15% of the legislative assembly's total strength but should not be less than 12 (91st Amendment Act, 2003).
  • A legislator disqualified due to defection is also disqualified from being appointed as a minister (91st Amendment Act, 2003).
  • Ministers hold office during the Governor's pleasure.
  • The council of ministers is collectively responsible to the State Legislative Assembly.
  • The Governor administers the oaths of office and secrecy to ministers.
  • A minister must be a member of the state legislature. If not, they have six months to become a member.
  • The state legislature determines the salaries and allowances of ministers.
• Article 166: Conduct of Business of the Government of a State
  • All executive actions are expressed to be taken in the Governor's name.
  • Orders are authenticated as per rules made by the Governor; their validity cannot be questioned.
  • The Governor makes rules for the convenient transaction of state business and its allocation among ministers, except for matters requiring discretionary action.
• Article 167: Duties of Chief Minister
  • To communicate all council decisions regarding state administration and legislative proposals to the Governor.
  • To furnish information related to the administration and legislative proposals as requested by the Governor.
  • To submit matters for council consideration if required by the Governor, even if a minister has already made a decision.
• Article 177: Rights of Ministers as Respects the Houses
  • Ministers can speak and participate in Assembly proceedings (and Council proceedings where applicable), and in any committee of the State Legislature of which they are members, but cannot vote in the house that they are not a member of.

Nature of Advice by Ministers

• Article 163 stipulates that the council of ministers, headed by the CM, aids and advises the governor except in discretionary functions.
• The governor's decision is final and cannot be questioned if any question arises as to whether the matter is in the Governor's discretion.
• Courts cannot inquire into the nature of advice given by ministers.

Appointment of Ministers

• The Governor appoints the Chief Minister. Other ministers are appointed based on the CM's advice.
• In Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, a tribal welfare minister is necessary.
• Ministers are typically members of the state legislature. Non-members must become members within six months.
• A minister who is a member of one House of the state legislature can speak and take part in the proceedings of the other House but can vote only in the House of which he/she is a member.

Oath and Salary of Ministers

• Before entering office, the Governor administers oaths of office and secrecy.
• Ministers swear allegiance to the Constitution, to uphold the sovereignty and integrity of India, to faithfully discharge their duties, and to act without bias.
• The oath of secrecy entails not revealing confidential matters.
• The state legislature determines ministers' salaries and allowances, including salary, allowances, a sumptuary allowance, free accommodation, travelling allowance, and medical facilities.

Responsibility of Ministers

• Collective Responsibility:
  • The council of ministers is collectively responsible to the legislative assembly (Article 164).
  • Ministers have joint responsibility for all actions; they function as a team.
  • A no-confidence motion passed against the council necessitates the resignation of all ministers.
• Individual Responsibility:
  • Ministers hold office during the Governor's pleasure (Article 164).
  • The Governor can remove a minister on the CM's advice.
• No Legal Responsibility:
  • There is no system of legal responsibility.
  • Courts cannot inquire into the nature of advice given by the ministers to the governor.

Composition of the Council of Ministers

• The size and ranking of ministers are determined by the CM.
• The council comprises cabinet ministers, ministers of state, and deputy ministers, differing in rank, emoluments, and political importance.
• A deputy chief minister may also be appointed, generally for local political reasons.
• Cabinet ministers head key state government departments, attending cabinet meetings and contributing to policy decisions.
• Ministers of State may have independent charges or be attached to cabinet ministers but generally do not attend cabinet meetings unless invited.
• Deputy Ministers are attached to cabinet ministers, assisting them in their duties, but are not cabinet members and do not attend cabinet meetings.

Cabinet

• The cabinet, composed of cabinet ministers, is the nucleus of the council, and the real center of authority.
• Functions:
  • Highest decision-making authority.
  • Chief policy-formulating body.
  • Supreme executive authority.
  • Chief coordinator of state administration.
  • Advisory body to the Governor.
  • Chief crisis manager.
  • Deals with major legislative and financial matters.
  • Controls higher appointments.

Cabinet Committees

• The cabinet works through cabinet committees (standing and ad hoc).
• The Chief Minister sets them up based on the situation's needs.
• They sort out issues, formulate proposals for the cabinet's consideration, and make decisions. The cabinet can review these decisions.

Table of Articles

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
177	Rights of Ministers as respects the Houses