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ü The
Governor is the dejure (nominal) head.
ü The
Chief Minister is the defacto (real) head.
ü The
Governor is the head of the state.
ü The
Chief Minister is the head of the Government.
APPOINTMENT:
ü The
Chief Minister is appointed by the Governor.
ü Other
Ministers are also appointed by the Governor only on the advice of the Chief
Minister.
ARTICLE 164:
a. The
Chief Minister shall be appointed by the Governor and other ministers shall be
appointed by the Governor on the advice of the Chief Minister.
b. The
Ministers shall hold the office during the pleasure of the Governor.
c. The
Council of Ministers shall be collectively responsible to the state legislative
assembly.
ü To
uphold the democratic principles the Governor appoints the leader of the majority party
in the state legislative assembly as the Chief Minister.
ü In
case no party
has the majority then the Governor uses the discretionary powers.
ü The
general principle is that the Governor invites the coalition group to form the
government.
ü Note:
In coalition government there are minimum 2 parties in the government.
ü If
there is no possibility of the formation of the government by group of parties
then the Governor invites the single largest party to form the government.
ü Note:
Single largest party is a party is different from the majority party. A majority party
gets the clear cut majority in the house. Single largest party is that party that won
highest number of seats in the house but did not get the majority.
ü Example:
The total number of seats in Delhi assembly is 70 hence a majority party should
get minimum 36
seats. But in the 2013 elections no party secured the
majority. BJP won 31 seats hence it is the single largest party in the Delhi Assembly. AAP
(Aam Aadmi Party) which secured to win 28 seats formed the minority government with the outside
support of Congress which won 8 seats.
ü If
the single largest party refuses to form the government then he invites the
second largest party to form the government.
ü If no party
comes forward to form the government then the Governor recommends for the
proclamation of the President’s Rule.
ü A
person who is not a member of the state legislature can be appointed as the
Chief Minister. He should become a member of either of the houses of the state
legislature within six months, failing which he ceases to be the Chief
Minister.
ü The
Chief Minister may
be the member of any of the two houses of a state legislature.
OATH OF OFFICE:
ü The
oath of office to the Chief Minister is administered by the Governor.
TERM:
ü The
Chief Minister holds the office during the pleasure of the Governor.
RESIGNATION:
ü The
Chief Minister submits the resignation to the Governor.
REMOVAL:
ü The
Chief Minister is removed by the Governor.
ü The
Chief Minister cannot be removed as long as he enjoys the majority of the
House. (This was ruled by the Supreme Court in 1994 in S R Bommai V. Union of
India case).
ü If
the Chief Minister loses the majority of the assembly, he must resign otherwise
the Governor can remove the Chief Minister.
SALARY:
ü The
salary and other allowances of the Chief Minister are determined by the state
legislature.
FUNCTIONS:
ü Note:
The CM is the defacto head. Hence every important decision is taken only after
his consent.
ü The
CM is the head of the Council of Ministers.
ü The
CM presides over the meeting of the Council of Ministers.
ü The
CM advises the Governor to appoint other Ministers.
ü The
CM decides the allocation of the portfolios among various the ministers.
ü Note:
Portfolio
means Ministry. One minister can hold more than one portfolio.
ü The
CM reshuffles the portfolios.
ü The
CM advices the minister to resign.
ü The
CM advices Governor to accept resignation letter of a minister.
ü The
CM advices the Governor to dismiss a minister in case he does not tender
resignation letter even after advice by the Chief Minister.
ü The
Chief Minister is the channel of communication between the Governor and the
council of ministers.
ü Article 167:
It shall be the duty of the Chief Minister 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. To
furnish such information to the Governor relating to the administration of
affairs of the state and proposals for legislation as the governor may call for
and 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.
ü The
Advocate General is appointed by the Governor on the advice of the CM.
ü The
SPSC
(State Public Service commission) Chairman and members are appointed by the Governor
on the advice of the CM.
ü The
SFC (State
Finance Commission) Chairman and the members are appointed by
the Governor on the advice of the CM.
ü The
SEC (State
Election Commissioner) is appointed by the Governor on the
advice of the CM.
ü The
CM advices the Governor to summon and prorogue the state legislature.
ü The
CM advises the Governor to dissolve the state legislative assembly.
ü The
CM is the ex-officio chairman of the State Planning Board.
ü The
CM is the Vice Chairman of the Zonal council by rotation.
ü Note:
Zonal Councils discussed in detail separately.
ü Note:
The Union
Home Minister is the Chairman of all Zonal Councils.
ü The
CM is a member of NDC (National Development Council).
ü The
CM is a member of ISC (Inter State Council).
ü The
CM is a member of NIC (National Integration Council).
KINDLY NOTE:
ü After
the general elections (Assembly) the leader of the majority party is appointed
as the Chief Minister.
ü On
the advice of the Chief Minister remaining ministers are appointed by the Governor.
ü The
Governor appoints the Pro-tem speaker.
ü Generally
the senior most member of the house is appointed as the pro-tem speaker.
ü Note:
On January 1, 2014 the senior BJP leader and MLA Jagdish Mukhi of Delhi has
been appointed as the pro-tem speaker by the Lt. Governor Najeeb Jung. But
he refused to be the pro-tem speaker. Hence the senior congress MLA Mateen Ahmed has
been appointed as the pro-tem speaker.
ü The
Pro-tem speaker administers oath of office to the all newly elected members of
the state legislative assembly.
ü The
Chief Minister and other Ministers also take the oath as the members of the
assembly.
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