• The Chief Minister and Council of Ministers

In the Parliamentary form of government, the Chief Minister and the Council of Ministers (CoM) possess the real executive powers and form the nucleus of administration of the State.

The Chief Minister

The Chief Minister is the head of the government. He is accorded with the status of ‘The First Among the Equals’ in relation with other ministers in the council. Though the CoM is a multi-member body, it functions as a single unit under the guidance and directions of the Chief Minister.

Appointment: The constitution does not prescribe the procedure for the selection and appointment of the Chief Minister. However, by convention, the Governor appoints the leader of the majority party or coalition in the State Legislative Assembly as the Chief Minister. When no party has the majority, the Governor can exercise his discretionary power in the appointment of Chief Minister. However, he usually asks the leader of the largest party or coalition to form the government and prove their majority within a month by securing the vote of confidence of the State Legislative Assembly.

Powers and Functions of Chief Minister

The Chief Minister, being the real executive authority, holds a wide range of powers and discharges diverse functions. His powers and functions include the following.

1. He recommends to the governor, the persons who can be appointed as ministers.
2. He allocates and shuffles portfolios between the ministers.
3. In case of differences of opinion with a minister, he can ask him to resign or advice the governor to dismiss him from his office.
4. He instils the principle of collective responsibility upon the council of ministers by controlling their actions and ensuring the concurrence of decisions.
5. He advises the governor with respect to the appointment of the Advocate General of the state, Chairman and members of SPSC, State Election Commissioners, Chairman and members of State Finance Commission and so on.
6. He can recommend the governor to dissolve the State Legislative Assembly and conduct new election.
7. He advises the governor on summoning and proroguing of the sessions of state legislature.
8. During emergency situations, the Chief Minister acts as the chief crisis manager of the state.
9. He is a member of the inter-state council.
10. He is appointed as the vice chairman of zonal council on rotation for a term of one year.

Duties of Chief Minister:

It is the duty of the Chief Minister

1. To report to the governor, all the decisions taken by the CoM with respect to the administration of the state and proposals for legislation.
2. To provide information about the administration of the state and proposals for legislation to the governor on his demand.
3. On the demand of the governor, to submit for the consideration of the CoM, the decisions that have been taken by a minister without the consideration of the council.

The Council of Ministers

The provisions in Article 163 under Part VI provide for the institution of the Council of Ministers (CoM) headed by the Chief Minister.

Appointment:

The Governor appoints the CoM on the recommendations of the Chief Minister. The members of either house of the State Legislature can be appointed as ministers. Even a person who is not a member of either house can be appointed as a minister provided that he becomes a member of either house within six months either by election or nomination. The governor administers the oath of office and secrecy to the ministers.

Primary duty of CoM:

As the governor is the executive head of the state, all the executive actions of the state are taken under his name. The CoM is instituted to aid and advice the governor in discharging his executive functions. The governor is bound to act in accordance with the advice provided by the CoM. However, he can ask the council to reconsider it’s advice once and if the same advice is provided after reconsideration, he is bound to act accordingly.