Chief Minister of the State

 

·  The State Executive consists of the Governor, the Chief Minister of the State, the Council of Minister and the Advocate General of the State.

·  According to Constitution, each State shall have a Council of Ministers to aid and advise the Governor in the exercise of his functions.

·  The Chief Minister serves as the head of the government in the State. Therefore, the Council of Ministers along with the Chief Minister as its head, exercises real authority in the State Government.

 

Appointment of Chief Minister

·  Constitution does not specify any procedure for the selection and appointment of the Chief Minister.

·  Article 164 says that the Chief Minister shall be appointed by the Governor. This does not allow Governor to appoint anyone as the Chief Minister.

·  Since, Parliamentary System is followed in States also, the leader of the majority party in the state should be appointed as Chief Minister.

·  The process of the appointment of chief minister starts after the assembly elections are over in a state. The following are the steps that are followed –

a. The Governor invites the party winning the majority of seats in the election to form the government.

b.  In the absence of a single party securing the majority vote, a coalition can also be invited to form the government.

c. The party or coalition nominates a person among them to be the chief minister, who is then sworn in and appointed to the position of Chief Minister by the Governor.

d. But, if no party has a clear majority than the Governor asks the leader of largest party or coalition in the assembly as Chief Minister to seek a Vote of Confidence in the House within a month.

e. In the above case, the Governor may exercise his personal discretion in the selection and appointment of the Chief Minister.

·  A person who is not a member of the state legislature can be appointed as Chief Minister for 6 months, within which he should be elected to the state legislature, failing which he ceases to be the Chief Minister.

Qualification of Chief Minister

·  To be Chief Minister of the State, a person must fulfil following Qualification of Chief Minister –

a.   Should be a Citizen of India

b.   Atleast 25 years of age

c.   Membership of the state legislature

d.   If the membership of the state legislature is not attained within six months of being elected to the post, the person has to resign under constitutional provisions.

Oath or Affirmation

·  Before entering the Chief Minister of the State office, the Governor administers him oath of Secrecy and office. In his oath of Office, he swears –

a.    To bear true faith and allegiance to the Constitution of India.

b.   To uphold the sovereignty and integrity of India.

c.   To faithfully and conscientiously discharge the duties of his office.

d.  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, he swears –

a.   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.

Term of Office

·  Not fixed as Chief Minister holds the office during the pleasure of the Governor.

· The term of a minister can last a maximum of 5 years, based on the condition that they retain the confidence of the assembly.

· He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.

· If Chief Minister loses the confidence of the assembly, he must resign or the governor can dismiss him.

 

So this was all about the Chief Minister of the State and Qualification of Chief Minister, Appointment and Term of Office.

In the Next Post (Click Here), we are going to discuss the Powers and Functions of Chief Minister of State. If you like our Notes, than do subscribe our Facebook Page, so that you get regular updates.