jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
According to the Constitution, the Chief Minister may be a	member of any of the two Houses of a state legislature. Usually	Chief Ministers have been selected from the Lower House
(legislative assembly), but, on a number of occasions, a member of	the Upper House (legislative council) has also been appointed as	Chief Minister.4
OATH, TERM AND SALARY	Before the Chief Minister enters his office, the governor administers	to him the oaths of office and secrecy.5 In his oath of office, the Chief
Minister swears:	1. to bear true faith and allegiance to the Constitution of India,	2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his	office, and	4. to do right to all manner of people in accordance with the
Constitution and the law, without fear or favour, affection or ill-	will.	In his oath of secrecy, the Chief Minister swears that he will not
directly or indirectly communicate or reveal to any person(s) any	matter that is brought under his consideration or becomes known to	him as a state minister except as may be required for the due
discharge of his duties as such minister.	The term of the Chief Minister is not fixed and he holds office	during the pleasure of the governor. However, this does not mean
that the governor can dismiss him at any time. He cannot be	dismissed by the governor as long as he enjoys the majority support	in the legislative assembly.6 But, if he loses the confidence of the
assembly, he must resign or the governor can dismiss him.	The salary and allowances of the Chief Minister are determined	by the state legislature. In addition to the salary and allowances,
which are payable to a member of the state legislature, he gets a	sumptuary allowance, free accommodation, travelling allowance,	medical facilities, etc.
POWERS AND FUNCTIONS OF CHIEF MINISTER	The powers and functions of the Chief Minister can be studied under	the following heads:
In Relation to Council of Ministers	The Chief Minister enjoys the following powers as head of the state	council of ministers:
(a) The governor appoints only those persons as ministers who are	recommended by the Chief Minister.	(b) He allocates and reshuffles the portfolios among ministers.
(c) He can ask a minister to resign or advise the governor to	dismiss him in case of difference of opinion.	(d) He presides over the meetings of the council of ministers and
influences its decisions.	(e) He guides, directs, controls and coordinates the activities of all	the ministers.
(f) He can bring about the collapse of the council of ministers by	resigning from office. Since the Chief Minister is the head of the	council of ministers, his 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 Chief Minister enjoys the following powers in relation to the	governor:
(a) He is the principal channel of communication between the	governor and the council of ministers.7 It is the duty of the Chief	Minister:
(i) to communicate to the Governor of the state all decisions of t	council of ministers relating to the administration of the affairs	the state and proposals for legislation;
(ii) to furnish such information relating to the administration of t	affairs of the state and proposals for legislation as the govern	may call for; and
council of ministers any matter on which a decision has be	taken by a minister but which has not been considered by t	council.
(b) He advises the governor with regard to the appointment of	important officials like advocate general, chairman and	members of the state public service commission, state election
commissioner, and so on.	In Relation to State Legislature	The Chief Minister enjoys the following powers as the leader of the
house:	(a) He advises the governor with regard to the summoning and	proroguing of the sessions of the state legislature.
(b) He can recommend the dissolution of the legislative assembly	to the governor at any time.	(c) He announces the government policies on the floor of the
house.	Other Powers and Functions	In addition, the Chief Minister also performs the following functions:
(a) He is the chairman of the State Planning Board.	(b) He acts as a vice-chairman of the concerned zonal council by	rotation, holding office for a period of one year at a time.8
(c) He is a member of the Inter-State Council and the Governing	Council of NITI Aayog, both headed by the prime minister.	(d) He is the chief spokesman of the state government.
(e) He is the crisis manager-in-chief at the political level during	emergencies.	(f) As a leader of the state, he meets various sections of the people
and receives memoranda from them regarding their problems,	and so on.	(g) He is the political head of the services.
Thus, he plays a very significant and highly crucial role in the	state administration. However, the discretionary powers enjoyed by	the governor reduces to some extent the power, authority, influence,
RELATIONSHIP WITH THE GOVERNOR	The following provisions of the Constitution deal with the relationship	between the governor and the Chief Minister:
1. Article 163: There shall be a council of ministers with the Chief	Minister as the head to aid and advise the governor on the	exercise of his functions, except in so far as he is required to
exercise his functions or any of them in his discretion.	2. Article 164:	(a) The Chief Minister shall be appointed by the governor and
other ministers shall be appointed by the governor on the	advise of the Chief Minister;	(b) The ministers shall hold office during the pleasure of the
governor; and	(c) The council of ministers shall be collectively responsible to	the legislative assembly of the state.
3. Article 167: It shall be the duty of the Chief Minister:	(a) to communicate to the governor of the state all decisions of	the council of ministers relating to the administration of the
affairs of the state and proposals for legislation;	(b) to furnish such information relating to the administration of	the affairs of the state and proposals for legislation as the
governor may call for; and	(c) if the governor so requires, to submit for the consideration	of the council of ministers any matter on which a decision
has been taken by a minister but which has not been	considered by the council.	Table 31.1 Articles Related to Chief Minister at a Glance
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
177. Rights of Ministers as respects the Houses	NOTES AND REFERENCES	1. For example, the governors of Tamil Nadu (1951),
Rajasthan (1967), and Haryana (1982) invited the leader	of the largest party to form the ministry. The governors of	Punjab (1967), West Bengal (1970), and Maharashtra
(1978), on the other hand, invited the leader of the	coalition to form the ministry.	2. For example, the governor of J & K (Jagmohan) appointed
G.M. Shah as the Chief Minister and asked him to prove	his majority on the floor of the House within a month. He	proved his majority. Similarly, the Governor of Andhra
Pradesh (Ram Lal) appointed Bhasker Rao as the Chief	Minister and gave him one month to prove his majority on	the floor of the House. However, he could not prove his
majority.	3. For example, Bansilal and S.B. Chavan were appointed as	Chief Ministers of Haryana and Maharashtra respectively,
even though they were not members of the state	legislature. Subsequently, they were elected to the state	legislature.
4. For example, C. Rajagopalachari in Madras (now Tamil	Nadu) in 1952, Morarji Desai in Bombay (now	Maharashtra) in 1952, C.B. Gupta in UP in 1960 and B.P.
Mandal in Bihar in 1968 were appointed as Chief	Ministers, while they were members of the state legislative	council.
5. The form of oath of office and secrecy for the Chief	Minister is similar to that for any state minister. See	Chapter 32.
6. This was ruled by the Supreme Court in S.R. Bommai v.	Union of India, (1994). However, there have been many	violations of this rule, whereby the governors have
dismissed the Chief Ministers without giving them an	opportunity to prove their majority in the legislative	assembly.
7. Article 167 specifically deals with this function of the Chief	Minister.	8. Union home minister is the chairman of all the zonal
32 State Council of Ministers	A	s the Constitution of India provides for a parliamentary
system of government in the states on the Union pattern,	the council of ministers headed by the chief minister is the	real executive authority in the politico-administrative system of a
state. The council of ministers in the states is constituted and	function in the same way as the council of ministers at the Centre.	The principles of parliamentary system of government are not
detailed in the Constitution; but two Articles (163 and 164) deal	with them in a broad, sketchy and general manner. Article 163	deals with the status of the council of ministers while Article 164
CONSTITUTIONAL PROVISIONS	Article 163–Council of Ministers to aid and advise	Governor
1. There shall be a Council of Ministers with the Chief Minister	as the head to aid and advise the Governor in the exercise	of his functions, except in so far as he is required to exercise
his functions in his discretion.	2. If any question arises whether a matter falls within the	Governor’s discretion or not, decision of the Governor shall
be final, and the validity of anything done by the Governor	shall not be called in question on the ground that he ought or	ought not to have acted in his discretion.
3. The advice tendered by Ministers to the Governor shall not	be inquired into in any court.	Article 164–Other Provisions as to Ministers
1. 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. However, in the states of
Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha,	there shall be a Minister in charge of tribal welfare who may	in addition be in charge of the welfare of the scheduled
castes and backward classes or any other work. The state of	Bihar was excluded from this provision by the 94th	Amendment Act of 2006.
2. The total number of ministers, including the chief minister, in	the council of ministers in a state shall not exceed 15 per	cent of the total strength of the legislative assembly of that
state. But, the number of ministers, including the chief	minister, in a state shall not be less than 12. This provision	was added by the 91st Amendment Act of 2003.
3. A member of either House of state legislature belonging to	any political party who is disqualified on the ground of	defection shall also be disqualified to be appointed as a
minister. This provision was also added by the 91st	Amendment Act of 2003.	4. The ministers shall hold office during the pleasure of the
Governor.	5. The council of ministers shall be collectively responsible to	the state Legislative Assembly.
6. The Governor shall administer the oaths of office and	secrecy to a minister.	7. A minister who is not a member of the state legislature for
any period of six consecutive months shall cease to be a	minister.	8. The salaries and allowances of ministers shall be
determined by the state legislature.	Article 166–Conduct of Business of the Government of	a State
1. All executive action of the Government of a State shall be	expressed to be taken in the name of the Governor.	2. Orders and other instruments made and executed in the
name of the Governor shall be authenticated in such manner	as may be specified in rules to be made by the Governor.	Further, the validity of an order or instrument which is so
authenticated shall not be called in question on the ground	that it is not an order or instrument made or executed by the	Governor.
3. The Governor shall make rules for the more convenient	transaction of the business of the government of the state,	and for the allocation among ministers of the said business
in so far as it is not business with respect to which the	Governor is required to act in his discretion.	Article 167–Duties of Chief Minister
It shall be the duty of the Chief Minister of each state	1. To communicate to the governor of the state all decisions of	the council of ministers relating to the administration of the
2. To furnish such information relating to the administration of	the affairs of the state and proposals for legislation as the	governor may call for
3. If the governor so requires, to submit for the consideration of	the council of ministers any matter on which a decision has	been taken by a minister but which has not been considered
by the council	Article 177–Rights of Ministers as Respects the	Houses
Every minister shall have the right to speak and take part in the	proceedings of the Assembly (and also the Council where it	exists) and any Committee of the State Legislature of which he
NATURE OF ADVICE BY MINISTERS	Article 163 provides for a council of ministers with the chief	minister at the head to aid and advise the governor in the exercise
of his functions except the discretionary ones. If any question	arises whether a matter falls within the governor’s discretion or	not, the decision of the governor is final and the validity of
anything done by him cannot be called in question on the ground	that he ought or ought not to have acted in his discretion. Further,	the nature of advice tendered by ministers to the governor cannot
be enquired by any court. This provision emphasises the intimate	and the confidential relationship between the governor and the	ministers.
In 1971, the Supreme Court ruled that a council of ministers	must always exist to advise the governor, even after the	dissolution of the state legislative assembly or resignation of a
council of ministers. Hence, the existing ministry may continue in	the office until its successor assumes charge. Again in 1974, the	Court clarified that except in spheres where the governor is to act
in his discretion, the governor has to act on the aid and advice of	the council of ministers in the exercise of his powers and	functions. He is not required to act personally without the aid and
advice of the council of ministers or against the aid and advice of	the council of ministers. Wherever the Constitution requires the	satisfaction of the governor, the satisfaction is not the personal
APPOINTMENT OF MINISTERS	The chief minister is appointed by the governor. The other	ministers are appointed by the governor on the advice of the chief
minister. This means that the governor can appoint only those	persons as ministers who are recommended by the chief minister.	But, there should be a tribal welfare minister in Chhattisgarh,
Jharkhand, Madhya Pradesh and Odisha1. Originally, this	provision was applicable to Bihar, Madhya Pradesh and Odisha.	The 94th Amendment Act of 2006 freed Bihar from the obligation
of having a tribal welfare minister as there are no Scheduled	Areas in Bihar now and the fraction of population of the Scheduled	Tribes is very small. The same Amendment also extended the
above provision to the newly formed states of Chhattisgarh and	Jharkhand.	Usually, the members of the state legislature, either the

According to the Constitution, the Chief Minister may be a

member of any of the two Houses of a state legislature. Usually

Chief Ministers have been selected from the Lower House

(legislative assembly), but, on a number of occasions, a member of

the Upper House (legislative council) has also been appointed as

Chief Minister.4

OATH, TERM AND SALARY

Before the Chief Minister enters his office, the governor administers

to him the oaths of office and secrecy.5 In his oath of office, the Chief

Minister swears:

1. to bear true faith and allegiance to the Constitution of India,

2. to uphold the sovereignty and integrity of India,

3. to faithfully and conscientiously discharge the duties of his

office, and

4. to do right to all manner of people in accordance with the

Constitution and the law, without fear or favour, affection or ill-

will.

In his oath of secrecy, the Chief Minister swears that he will not

directly or indirectly communicate or reveal to any person(s) any

matter that is brought under his consideration or becomes known to

him as a state minister except as may be required for the due

discharge of his duties as such minister.

The term of the Chief Minister is not fixed and he holds office

during the pleasure of the governor. However, this does not mean

that the governor can dismiss him at any time. He cannot be

dismissed by the governor as long as he enjoys the majority support

in the legislative assembly.6 But, if he loses the confidence of the

assembly, he must resign or the governor can dismiss him.

The salary and allowances of the Chief Minister are determined

by the state legislature. In addition to the salary and allowances,

which are payable to a member of the state legislature, he gets a

sumptuary allowance, free accommodation, travelling allowance,

medical facilities, etc.

POWERS AND FUNCTIONS OF CHIEF MINISTER

The powers and functions of the Chief Minister can be studied under

the following heads:

In Relation to Council of Ministers

The Chief Minister enjoys the following powers as head of the state

council of ministers:

(a) The governor appoints only those persons as ministers who are

recommended by the Chief Minister.

(b) He allocates and reshuffles the portfolios among ministers.

(c) He can ask a minister to resign or advise the governor to

dismiss him in case of difference of opinion.

(d) He presides over the meetings of the council of ministers and

influences its decisions.

(e) He guides, directs, controls and coordinates the activities of all

the ministers.

(f) He can bring about the collapse of the council of ministers by

resigning from office. Since the Chief Minister is the head of the

council of ministers, his 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 Chief Minister enjoys the following powers in relation to the

governor:

(a) He is the principal channel of communication between the

governor and the council of ministers.7 It is the duty of the Chief

Minister:

(i) to communicate to the Governor of the state all decisions of t

council of ministers relating to the administration of the affairs

the state and proposals for legislation;

(ii) to furnish such information relating to the administration of t

affairs of the state and proposals for legislation as the govern

may call for; and

council of ministers any matter on which a decision has be

taken by a minister but which has not been considered by t

council.

(b) He advises the governor with regard to the appointment of

important officials like advocate general, chairman and

members of the state public service commission, state election

commissioner, and so on.

In Relation to State Legislature

The Chief Minister enjoys the following powers as the leader of the

house:

(a) He advises the governor with regard to the summoning and

proroguing of the sessions of the state legislature.

(b) He can recommend the dissolution of the legislative assembly

to the governor at any time.

(c) He announces the government policies on the floor of the

house.

Other Powers and Functions

In addition, the Chief Minister also performs the following functions:

(a) He is the chairman of the State Planning Board.

(b) He acts as a vice-chairman of the concerned zonal council by

rotation, holding office for a period of one year at a time.8

(c) He is a member of the Inter-State Council and the Governing

Council of NITI Aayog, both headed by the prime minister.

(d) He is the chief spokesman of the state government.

(e) He is the crisis manager-in-chief at the political level during

emergencies.

(f) As a leader of the state, he meets various sections of the people

and receives memoranda from them regarding their problems,

and so on.

(g) He is the political head of the services.

Thus, he plays a very significant and highly crucial role in the

state administration. However, the discretionary powers enjoyed by

the governor reduces to some extent the power, authority, influence,

RELATIONSHIP WITH THE GOVERNOR

The following provisions of the Constitution deal with the relationship

between the governor and the Chief Minister:

1. Article 163: There shall be a council of ministers with the Chief

Minister as the head to aid and advise the governor on the

exercise of his functions, except in so far as he is required to

exercise his functions or any of them in his discretion.

2. Article 164:

(a) The Chief Minister shall be appointed by the governor and

other ministers shall be appointed by the governor on the

advise of the Chief Minister;

(b) The ministers shall hold office during the pleasure of the

governor; and

(c) The council of ministers shall be collectively responsible to

the legislative assembly of the state.

3. Article 167: It shall be the duty of the Chief Minister:

(a) to communicate to the governor of the state all decisions of

the council of ministers relating to the administration of the

affairs of the state and proposals for legislation;

(b) to furnish such information relating to the administration of

the affairs of the state and proposals for legislation as the

governor may call for; and

(c) if the governor so requires, to submit for the consideration

of the council of ministers any matter on which a decision

has been taken by a minister but which has not been

considered by the council.

Table 31.1 Articles Related to Chief Minister at a Glance

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

177. Rights of Ministers as respects the Houses

NOTES AND REFERENCES

1. For example, the governors of Tamil Nadu (1951),

Rajasthan (1967), and Haryana (1982) invited the leader

of the largest party to form the ministry. The governors of

Punjab (1967), West Bengal (1970), and Maharashtra

(1978), on the other hand, invited the leader of the

coalition to form the ministry.

2. For example, the governor of J & K (Jagmohan) appointed

G.M. Shah as the Chief Minister and asked him to prove

his majority on the floor of the House within a month. He

proved his majority. Similarly, the Governor of Andhra

Pradesh (Ram Lal) appointed Bhasker Rao as the Chief

Minister and gave him one month to prove his majority on

the floor of the House. However, he could not prove his

majority.

3. For example, Bansilal and S.B. Chavan were appointed as

Chief Ministers of Haryana and Maharashtra respectively,

even though they were not members of the state

legislature. Subsequently, they were elected to the state

legislature.

4. For example, C. Rajagopalachari in Madras (now Tamil

Nadu) in 1952, Morarji Desai in Bombay (now

Maharashtra) in 1952, C.B. Gupta in UP in 1960 and B.P.

Mandal in Bihar in 1968 were appointed as Chief

Ministers, while they were members of the state legislative

council.

5. The form of oath of office and secrecy for the Chief

Minister is similar to that for any state minister. See

Chapter 32.

6. This was ruled by the Supreme Court in S.R. Bommai v.

Union of India, (1994). However, there have been many

violations of this rule, whereby the governors have

dismissed the Chief Ministers without giving them an

opportunity to prove their majority in the legislative

assembly.

7. Article 167 specifically deals with this function of the Chief

Minister.

8. Union home minister is the chairman of all the zonal

32 State Council of Ministers

A

s the Constitution of India provides for a parliamentary

system of government in the states on the Union pattern,

the council of ministers headed by the chief minister is the

real executive authority in the politico-administrative system of a

state. The council of ministers in the states is constituted and

function in the same way as the council of ministers at the Centre.

The principles of parliamentary system of government are not

detailed in the Constitution; but two Articles (163 and 164) deal

with them in a broad, sketchy and general manner. Article 163

deals with the status of the council of ministers while Article 164

CONSTITUTIONAL PROVISIONS

Article 163–Council of Ministers to aid and advise

Governor

1. There shall be a Council of Ministers with the Chief Minister

as the head to aid and advise the Governor in the exercise

of his functions, except in so far as he is required to exercise

his functions in his discretion.

2. If any question arises whether a matter falls within the

Governor’s discretion or not, decision of the Governor shall

be final, and the validity of anything done by the Governor

shall not be called in question on the ground that he ought or

ought not to have acted in his discretion.

3. The advice tendered by Ministers to the Governor shall not

be inquired into in any court.

Article 164–Other Provisions as to Ministers

1. 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. However, in the states of

Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha,

there shall be a Minister in charge of tribal welfare who may

in addition be in charge of the welfare of the scheduled

castes and backward classes or any other work. The state of

Bihar was excluded from this provision by the 94th

Amendment Act of 2006.

2. The total number of ministers, including the chief minister, in

the council of ministers in a state shall not exceed 15 per

cent of the total strength of the legislative assembly of that

state. But, the number of ministers, including the chief

minister, in a state shall not be less than 12. This provision

was added by the 91st Amendment Act of 2003.

3. A member of either House of state legislature belonging to

any political party who is disqualified on the ground of

defection shall also be disqualified to be appointed as a

minister. This provision was also added by the 91st

Amendment Act of 2003.

4. The ministers shall hold office during the pleasure of the

Governor.

5. The council of ministers shall be collectively responsible to

the state Legislative Assembly.

6. The Governor shall administer the oaths of office and

secrecy to a minister.

7. A minister who is not a member of the state legislature for

any period of six consecutive months shall cease to be a

minister.

8. The salaries and allowances of ministers shall be

determined by the state legislature.

Article 166–Conduct of Business of the Government of

a State

1. All executive action of the Government of a State shall be

expressed to be taken in the name of the Governor.

2. Orders and other instruments made and executed in the

name of the Governor shall be authenticated in such manner

as may be specified in rules to be made by the Governor.

Further, the validity of an order or instrument which is so

authenticated shall not be called in question on the ground

that it is not an order or instrument made or executed by the

Governor.

3. The Governor shall make rules for the more convenient

transaction of the business of the government of the state,

and for the allocation among ministers of the said business

in so far as it is not business with respect to which the

Governor is required to act in his discretion.

Article 167–Duties of Chief Minister

It shall be the duty of the Chief Minister of each state

1. To communicate to the governor of the state all decisions of

the council of ministers relating to the administration of the

2. To furnish such information relating to the administration of

the affairs of the state and proposals for legislation as the

governor may call for

3. If the governor so requires, to submit for the consideration of

the council of ministers any matter on which a decision has

been taken by a minister but which has not been considered

by the council

Article 177–Rights of Ministers as Respects the

Houses

Every minister shall have the right to speak and take part in the

proceedings of the Assembly (and also the Council where it

exists) and any Committee of the State Legislature of which he

NATURE OF ADVICE BY MINISTERS

Article 163 provides for a council of ministers with the chief

minister at the head to aid and advise the governor in the exercise

of his functions except the discretionary ones. If any question

arises whether a matter falls within the governor’s discretion or

not, the decision of the governor is final and the validity of

anything done by him cannot be called in question on the ground

that he ought or ought not to have acted in his discretion. Further,

the nature of advice tendered by ministers to the governor cannot

be enquired by any court. This provision emphasises the intimate

and the confidential relationship between the governor and the

ministers.

In 1971, the Supreme Court ruled that a council of ministers

must always exist to advise the governor, even after the

dissolution of the state legislative assembly or resignation of a

council of ministers. Hence, the existing ministry may continue in

the office until its successor assumes charge. Again in 1974, the

Court clarified that except in spheres where the governor is to act

in his discretion, the governor has to act on the aid and advice of

the council of ministers in the exercise of his powers and

functions. He is not required to act personally without the aid and

advice of the council of ministers or against the aid and advice of

the council of ministers. Wherever the Constitution requires the

satisfaction of the governor, the satisfaction is not the personal

APPOINTMENT OF MINISTERS

The chief minister is appointed by the governor. The other

ministers are appointed by the governor on the advice of the chief

minister. This means that the governor can appoint only those

persons as ministers who are recommended by the chief minister.

But, there should be a tribal welfare minister in Chhattisgarh,

Jharkhand, Madhya Pradesh and Odisha1. Originally, this

provision was applicable to Bihar, Madhya Pradesh and Odisha.

The 94th Amendment Act of 2006 freed Bihar from the obligation

of having a tribal welfare minister as there are no Scheduled

Areas in Bihar now and the fraction of population of the Scheduled

Tribes is very small. The same Amendment also extended the

above provision to the newly formed states of Chhattisgarh and

Jharkhand.

Usually, the members of the state legislature, either the