3. Chief Minister & his Council of Ministers
• Art. 163 - There shall be a council of Ministers with
the chief Minister at the head to aid and advise the
Governor in the exercise of his functions, except in so
far as he is by or under this constitution required to
exercise his functions or any of them in his discretion
4. Chief Minister
• Art. 164 – The Chief Minister shall be appointed by
the Governor and the other Ministers shall be
appointed by the Governor on the advice of the Chief
Minister, and the Ministers shall hold office during
the pleasure of the Governor……..
5. Powers and functions of Chief Minister
• With respect to his council of ministers
• With respect to the Governor
• With respect to State Legislature
• Other functions
6. Powers and functions of Chief Minister
• With respect to his council of ministers
1. Advise the Governor regarding appointment of the ministers
2. Allocate and reshuffle the portfolios among the ministers
3. He can ask any minister to resign in case of difference of opinion or can
advise the governor to dismiss any minister
4. Preside over the cabinet meetings
5. Direct, guide and control activities of the ministers
6. If the chief minister resigns then the whole council of minister has to
resign.
7. Powers and functions of Chief Minister
• With respect to the Governor
1. Bridge between the Governor and the council of ministers
2. Advise the Governor regarding the appointment of important
officials like Attorney General, Chairman and members of
State Public Service Commission, State Election
Commissioner etc.
8. Powers and functions of Chief Minister
• With respect to State Legislature
1. Advise the Governor regarding summoning, proroguing the
sessions of the State Legislative Assembly from time to time
2. Recommend dissolution of the legislative assembly to the
Governor
3. Announce the policies of the government on the floor of the
house
9. Powers and functions of Chief Minister
• Other functions
1. To act as the chairman of the State Planning Commission.
2. He is the vice chairman of concerned zonal council for a
period of one year
3. to act as main crisis manager in the times of emergencies
and adversities
4. Main speaker of the State Government
5. As a head of the State government Interact with various
sections of the society to discuss about their problems
6. He is the governmental head of all the services in the State
10. Council of Ministers
• Art 163 – Related to the status of the ministers
• Art 164 – related to the appointment, term, responsibility,
eligibility, oath, salary and allowances
• Appointment : the ministers are appointed by the Governor
on the advice of the Chief minister.
• Eligibility : Any person may be appointed a Minister (provided
he has the confidence of the Legislative Assembly), but he
ceases to be a Minister if he is not or does not remain, for a
period of six consecutive months, a member of the State
Legislature.
11. Collective responsibility of the Council of Ministers
Collective Responsibility:
1. Council of Ministers is collectively responsible to the legislative assembly.All the
ministers are responsible to legislative assembly for all their acts.
2. If and when the legislative assembly passes a no-confidence motion against the
council of ministers, all the ministers have to resign including those ministers who are
from the legislative council.
3. Alternatively, the council of ministers can advise the Governor to dissolve the
legislative assembly on the ground that the house does not represent the views of the
people in real sense and call for fresh elections.
4. The Governor may not consider the advice of the Council of Ministers whoich has lost
the confidence of the house
5. The ministers can put their views in the cabinet meeting where there is possibility of
differences of opinion but once the cabinet arrives at the decision the decisions are
considered as the decisions of the whole cabinet.
6. It is the duty of the every minister to stand by the cabinet decisions and support them
both within and outside the Legislature.
7. if any minister disagrees with a cabinet decision and is prepared to defend it, he must
resign
12. • Individual Responsibility: The principle of collective responsibility
also includes principle of collective responsibility
1. The ministers enjoy office during the pleasure of the Governor. The can remove a
minister even if he has the confidence of the house. However Governor can
remove a minister only on the advice of the Chief Minister
2. In case of differences of opinion Chief minister can ask the minister to resign or
advice Governor to dismiss him.
• No Legal Responsibility:
1. Unlike U. K. there is no provision for legal responsibility for a minister. This
applicable to centre as well as states.
2. It is not required that an order of the Governor for a public act should be counter
signed by a minister.
3. Moreover courts are restricted from enquiring into the nature of advice given by
the ministers to the Governor
13. Role of the Chief Minister
• The Leader of the Legislative Assembly
• The Chief Advisor to the Governor
• The Leader of the Council of Minister
