State Council of Ministers- Notes for UPSC

State Council of Ministers

In a parliamentary form of government, the Council of Ministers, headed by the Chief Minister, wields the real executive power in the political and administrative system of the state (federal unit). The Council of Ministers in the states function in a similar way as at the central level.

Article 163 of the Constitution deals with the constitution of the Council of Ministers to aid and advise the Governor.

Constitutional Provisions pertaining to the Council of Ministers of State

• Article 163 (Provisions for Council of Ministers).

1. 1. There shall be a Council of Ministers (CoM) with the Chief Minister as its head to aid and advise the Governor except when s/he is required under the constitution to exercise his/her functions at his/her discretion.
   2. A minister’s advice to the Governor cannot be contested in court.

• Article 164 (Provisions related to Ministers)

1. 1. The Governor appoints the CM, and on his/her recommendation, the Governor appoints other ministers. The constitution also provides for a minister in charge of tribal welfare in Madhya Pradesh, Orissa, Chhattisgarh and Jharkhand.

1. 2. The Ministers (including the Chief Minister) hold office at the pleasure of the Governor. However, as long as the ministry enjoys a majority, the Governor cannot dismiss it.
   3. The state Council of Ministers is collectively responsible to the state legislative assembly.
   4. The Governor administers the oath of office and secrecy to the ministers.
   5. A minister must get elected/nominated within 6 months from his/her appointment; otherwise, s/he will cease to be a minister.
   6. The state legislature determines the remuneration of the ministers.

91st Constitutional Amendment Act, 2003

Article 164 of the Constitution was amended to include the provision that the strength of the Council of Ministers cannot exceed 15% of the strength of the state assembly. However, the minimum number of ministers, including the Chief Minister, cannot be less than 12. It also provided that a member of either House of the state legislature, if s/he is disqualified on the grounds of defection, will also be disqualified to be appointed as minister.

• Article 166 (Conduct of Business)

1. 1. All the executive actions by the state are carried out in the name of the Governor.
   2. S/he can make the rules for more convenient transactions of business of the state government and for the allocation of said business among the ministers.
   3. S/he can make rules spelling out the manner in which the Orders and other instruments executed in his or her name shall be validated.

• Article 167 (Duties of Chief Minister and other ministers) : The Chief Minister is the primary channel of communication between the Governor and the Council of Ministers; in this regard, the constitution entrusts the Chief Minter with the following duties:

1. 1. All decisions of the CoM regarding the administration of state affairs and legislative proposals shall be communicated to the Governor of the state.
   2. To provide any information regarding the administration of state affairs and legislative proposals that the Governor may call for.
   3. Any subject on which a minister has reached a decision but has not been taken into consideration by the Council of Ministers shall be submitted for the consideration of the Council of Ministers if the Governor so requires.

• Article 177 (Rights of Ministers)

1. 1. Every minister has the right to speak and take part in the proceedings of the legislative assembly and the legislative council (in the case of the bicameral legislature).
   2. S/he can also take part in any committee of which s/he is eligible for membership, but s/he is not entitled to vote.

Composition of the Council of Ministers of States

The constitution does not specify the size of the Council of Ministers (However, it puts the limit of 15% of the strength of the state legislature) or the ranking of the ministers.

The State Council of Ministers is headed by the Chief Minister and comprises ministers who are members of the Cabinet, Minister for State, Minister of State (independent charge) and Deputy Ministers.

The political position, emoluments and role in decision-making differ as per the rank of the ministers.

Cabinet Minister

• They occupy the key ministries of the Government like Home, Finance, Education, Agriculture etc.
• Being members of the Cabinet (highest decision-making body), they play an important role in the formulation of government policies.
• Thus, their roles and responsibilities go beyond their respective ministries and extend to every aspect of the state government.

Ministers of State

• They usually function under the supervision of a cabinet minister; they are allotted specific duties in a ministry headed by a cabinet minister or in charge of a particular department under that ministry.
• They can also be given a charge of independent ministry, in which they perform functions similar to a cabinet minister.
• However, they do not participate in the cabinet meetings unless specifically invited.