Chief Minister and Council of Ministers
- The Indian Constitution established a parliamentary form of government at the center, and a similar type of government in the states.
- Part VI of the Constitution, Articles 163 to 167, outlines the structure and functions of the State Council of Ministers.
- In the state, as the constitutional head, the Governor plays a key role with the Chief Minister and the Council of Ministers, who preside over administration.
Article 163(1):
According to the Constitution, the state administration is run by the Governor with the advice of the Council of Ministers, headed by the Chief Minister.
Article 163(2):
Regarding any matter related to the Governor's administration, even if the decision taken using his discretion is controversial, the Governor's opinion is final. Whether the Governor took a decision based on his own discretion or not, cannot be questioned.
Article 163(3):
The advice given by the State Council of Ministers to the Governor cannot be questioned in any court.
Note: Advice given by the State Council of Ministers to the Governor does not come under the purview of the Right to Information Act.
Appointment of Chief Minister and Council of Ministers:
Article 164(1):
According to this, the Chief Minister is appointed by the Governor. Other ministers are also appointed by the Governor based on the advice of the Chief Minister.
- Ministers are individually responsible to the Governor.
Note: Through the 94th Constitutional Amendment in 2006, it was made mandatory in 4 states to have a minister specifically for tribal welfare (Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha).
Bihar state was removed from this provision, and Chhattisgarh and Jharkhand states were added.
Article 164(1A):
In a state, the number of members of the Council of Ministers, including the Chief Minister, should not exceed 15% of the total number of members in the State Legislative Assembly, and the total number of ministers in the Council of Ministers, including the Chief Minister, should not be less than 12.
Article 164(1B):
According to the Anti-Defection Law, after the presiding officers of both houses of the State Legislature declare any person disqualified, such a person should not be given any office of profit.
- The number of members in the Telangana State Legislative Assembly is 119. According to 164(1)(A), the total Council of Ministers should not exceed 15%. Therefore, in Telangana, it should not exceed a maximum of 18 members.
Note: The above two provisions, 164(1A) and 164(1B), were added to the Constitution by the NDA government in 2003 through the 91st Constitutional Amendment. This amendment came into effect from 01.01.2004.
→ The number of members in the Andhra Pradesh State Legislative Assembly is 175. According to 164(A), the total Council of Ministers should not exceed 15%. Therefore, in AP, it should not exceed a maximum of 26 members.
Article 164(2):
- All members of the State Council of Ministers are collectively responsible to the Legislative Assembly.
- The Council of Ministers continues in office as long as it retains the majority in the Legislative Assembly.
Article 164(3):
- The State Council of Ministers takes oath of office in the presence of the Governor.
Article 164(4):
- Those who are members of the State Legislative Assembly can hold ministerial positions.
- Even those who are not members of the Legislative Assembly can hold ministerial positions.
- If a person who is not a member of the assembly takes office as a minister, they must be elected to the Legislative Assembly within 6 months from the date of taking office. If they fail to get membership within 6 months, they will lose their ministerial position.
H.R. Chauhan Vs Punjab Case:
- The Supreme Court ruled that if non-members of Parliament/Legislative Assembly are appointed as ministers, they must be elected to the respective houses within 6 months. If that does not happen, they will lose their ministerial position. The Supreme Court stated in its judgment that such persons should not be re-appointed as ministers under any circumstances without membership.
B.R. Kapoor VS Tamil Nadu Case:
- In this case, the Supreme Court ruled that persons appointed as ministers who are not members of Parliament/Legislative Assembly must possess the qualifications to be elected to those houses. Under no circumstances should ministerial positions be given to unqualified persons.
Article 164(5):
- This article specifies about salaries and allowances.
- The State Legislature determines the salaries and allowances of the State Ministers.
Article 166(1):
The entire administration of the state is conducted in the name of the Governor.
Article 166(2):
Any question whether state administration is conducted in the name of the Governor cannot be challenged in any court. That is, it cannot be questioned. Courts do not have judicial review over this.
Article 166(3):
- The Governor allocates departments to the members of the State Council of Ministers (on the advice of the Chief Minister).
- The Governor formulates the rules necessary for the more convenient transaction of the business of the government.
Article 167(1):
- It is the duty of the Chief Minister to communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation.
- In other words, the Chief Minister is the liaison between the Council of Ministers and the Governor.
Article 167(2):
- The Governor may ask for any information from the Council of Ministers regarding administrative matters and matters related to law-making.
Article 167(3):
- The Governor can examine whether the decisions taken by ministers are individual or collective decisions.
Structure of the State Council of Ministers:
- In 1949, based on the recommendations of the Gopalaswami Ayyangar Committee, the structure of the Council of Ministers at the center was also adopted in the states.
- Cabinet Ministers
- Ministers of State
- Deputy Ministers
- However, since there is a maximum limit on the number of state ministers, currently ministers in all states are considered of the same rank.
Functions of the Council of Ministers:
- The Constitution does not specifically mention the powers and functions of the State Council of Ministers. The Council of Ministers exists to advise and assist the Governor in the performance of his duties.
- The State Council of Ministers drafts the Governor's address to the Legislature, explaining the state government's policies.
- According to Article 161, in matters of exercising powers of clemency, the Governor acts based on the advice and suggestions of the State Council of Ministers.
- Participates as a member in the National Development Council and performs duties.
- The Chief Minister advises the Governor on matters such as the dissolution of the Assembly, issuance of ordinances, etc.
- The Council of Ministers determines the financial policy of the state government. Prepares and introduces the budget in the Legislature. Decides on the appropriate strategy for the budget to be approved by the members.
- Suggests names to the Governor in matters of executive action related to the state government administration.
- Since law and order is in the State List, the responsibility of maintaining law and order to prevent disruption of peaceful coexistence of people rests with the state government.
Other Powers and Duties:
- Acts as Chairman of the State Planning Board.
- Functions as Vice-Chairman of the Zonal Council on a rotational basis.
- Performs duties as a member of the Inter-State Council.
Key Points Related to Chief Ministers:
- Hyderabad's first and last Chief Minister - Burgula Ramakrishna Rao
- Andhra State's first Chief Minister - Tanguturi Prakasam Pantulu
- Andhra State's last Chief Minister - Bezawada Gopala Reddy
- United Andhra Pradesh's first Chief Minister - Neelam Sanjeeva Reddy
- United Andhra Pradesh's last Chief Minister - Kiran Kumar Reddy
- The head of government in the state - Chief Minister
- The Chief Minister serves as a member in the following organizations:
- Inter-State Council
- Zonal Council
- National Development Council
- National Integration Council
- First Dalit Chief Minister in the country - Damodaram Sanjivayya (A.P)
- First woman Chief Minister in the country - Mayawati (Uttar Pradesh)
- First woman Chief Minister of a state - Sucheta Kripalani (Uttar Pradesh)
- Longest serving Chief Minister in the country, and current Chief Minister - Sikkim Chief Minister "Pawan Kumar Chamling"
- Second longest serving Chief Minister in the country - Naveen Patnaik
Note: Pawan Kumar Chamling, who has been serving as Chief Minister since 1994, took office as Chief Minister for the 5th time in 2014. If he continues until 2019, he will be recorded as the first person to serve as Chief Minister for the longest period in the country.
- Served as Chief Minister for only one day - Jagadambika Pal (U.P)
- State where three generations of the same family served as Chief Ministers - Jammu & Kashmir.
- Sheikh Abdullah
- Farooq Abdullah
- Omar Abdullah
- Father and sons who served as Chief Minister and Deputy Chief Minister:
- Karunanidhi (Chief Minister) - Tamil Nadu, Stalin (Deputy Chief Minister) - Tamil Nadu
- Prakash Singh Badal (Chief Minister) - Punjab, Sukhbir Singh Badal (Deputy Chief Minister) - Punjab
- MLCs who served as Chief Ministers:
- Bhavanam Venkataram
- Konijeti Rosaiah
Women Chief Ministers in India:
- Smt. Sucheta Kripalani - Uttar Pradesh
- Mayawati - Uttar Pradesh
- Smt. Sushma Swaraj - First woman Chief Minister of Delhi
- Smt. Sheila Dikshit - Delhi
- Smt. Vasundhara Raje Scindia - Rajasthan
- Smt. Anandiben Patel - Gujarat
- Smt. Rajinder Kaur Bhattal - Punjab
- Smt. Shashikala Kakodkar - Goa
- Smt. Janaki Ramachandran - Tamil Nadu
- Smt. Jayalalithaa - Tamil Nadu
- Smt. Nandini Satpathy - Orissa
- Smt. Mamata Banerjee - West Bengal
- Smt. Rabri Devi - Bihar
- Smt. Uma Bharti - Madhya Pradesh
- Smt. Syeda Anwara Taimur - Assam
- Mehbooba Mufti - Jammu & Kashmir
Note: Woman who served as Chief Minister for the longest period in the country - Sheila Dikshit. Woman who served as Chief Minister for the shortest period - Janaki Ramachandran.
- In addition to formulating laws necessary for state administration, the State Legislature formulates laws on subjects mentioned in the State List and Concurrent List. In accordance with the federal system, the future of governance of the states in our country is determined only by the State Legislature. Although constitutional status has been granted to local self-government bodies as part of expanding federalism, the State Legislature also drafts laws on their governance.
- In our country, along with the center, since the parliamentary system of government is being followed in the states as well, the Legislative Assemblies in the states are playing a key role. The party or coalition that secures a majority in the State Legislative Assembly forms and runs the government in the state, and the State Council of Ministers is collectively responsible to the Legislative Assembly. Regarding the structure of Legislative Assemblies in states, currently only 7 states in the country follow a bicameral system, having Legislative Assembly and Legislative Council, but over 75% of the states follow a unicameral system. That is, they have only Legislative Assemblies.
- The bicameral system in the states was introduced in 1935.
Article 168: Constitution of Legislature in States
- Article 168 explains about the constitution of the State Legislature.
- Governor, Legislative Assembly, Legislative Council are together referred to as the Legislature.
- The Legislative Assembly, acting as the highest legislative body in the state, formulates the laws necessary for the governance of the state.
Article 169: Abolition or Creation of Legislative Councils in States
- Article 169 explains the procedure for creating a Legislative Council in a state and procedures related to its abolition.
- In the Constitutional Assembly, some members argued that Legislative Councils should be established in all states, while some members argued that Legislative Councils, which have no significance, should be abolished. Then, the majority members in the Constitutional Assembly followed a middle path. Legislative Councils should not be abolished in states that have them. Similarly, they can be established in states that do not have them. In other words, it was left to the discretion of the states.
- If the State Legislative Assembly passes a resolution with a ⅔ special majority recommending the creation of a Legislative Council or for abolition, then Parliament can create (or) abolish it with a simple majority. In other words, Parliament's decision is based on the Legislative Assembly's resolution.
- The laws enacted by Parliament for the creation of Legislative Councils in states should not be considered as constitutional amendments.
- Regarding the establishment of Legislative Councils, the framers of the Constitution left it to the discretion of the states.
- When the Constitution came into effect, 6 states in the country had Legislative Councils. They are Assam, Bengal, Bihar, Bombay, Madras, Uttar Pradesh.
- Assam, Bengal, Madras have abolished their Legislative Councils.
- Telangana, Andhra Pradesh, Karnataka, Jammu & Kashmir have newly formed councils.
- Currently, 7 states have Legislative Councils.
- Recently, states that have passed resolutions and sent them to create Legislative Councils in their states are Rajasthan and Assam.
Shyam Institute
549-558
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