STATE COUNCIL OF MINISTERS ( INDIAN POLITY )

STATE COUNCIL OF MINISTERS

·        The council of ministers headed by the chief minister is the real executive authority in the politico- administrative system of a state

·        The principles of parliamentary system of government are not detailed in the Constitution; but two Articles (163 and 164) deal with them

·        Article 163 deals with the status of the council of ministers while Article 164 deals with the appointment, tenure, responsibility, qualifications, oath and salaries and allowances of the ministers.

Constitutional Provisions

Article 163—Council of Ministers to aid and advise Governor

1.              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.

2.              The advice tendered by Ministers to the Governor shall not be inquired into in anycourt

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.

2.              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.

3.              The state of Bihar was excluded from this provision by the 94th Amendment Act of 2006.

4.              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.

5.              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.

6.              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. The provision was also added by the 91st Amendment Act of 2003.

7.              The ministers shall hold office during the pleasure of the Governor.

8.              The council of ministers shall be collectively responsible to the state Legislative Assembly.

9.              The Governor shall administer the oaths of office and secrecy to a minister.

10.         A minister who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister.

11.         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-the Governor.

2.              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

·        To communicate to the governor regarding the decisions of the council  of ministers relating to the administration of the affairs of the state

Nature of Advice by Ministers

·        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

Appointment of Ministers

·        ministers are appointed by the governor on the advice of the chief minister.

·        the governor can appoint only those persons as ministers who are recommended by the chief minister

·        tribal welfare minister in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha

·        The 94 th Amendment Act of 2006 freed Bihar from the obligation of having a tribal welfare minister as there are no Scheduled Areas in Bihar now

·        A person who is not a member of either House of the state legislature can also be appointed as a minister

·        But, within six months, he must become a member (either by election or by nomination) of either House of the state legislature, otherwise, he ceases to be a minister

·        A minister  who is  a member  of one House  of the state legislature has  the right to speak and to take part    in the proceedings of the other House.

·        can vote only in the House of which he is a member

Oath and Salary of Ministers

·        the governor administers the oaths of office and secrecy In his oath of office, the 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.

Responsibility of Ministers

Collective Responsibility

·        Article 164- collectively responsible to the legislative assembly of the state for all their acts of omission and commission

·        When the legislative assembly passes a no- confidence motion against the council of ministers, all the ministers have to resign including those ministers who are from the legislative council

·        the council of ministers can advice thegovernor to dissolve the legislative assembly on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections. The governor may not oblige the council of ministers which has lost the confidence of the legislative assembly

·        the cabinet decisions bind all cabinet ministers (and other ministers) even if they deferred in the cabinet meeting. It is the duty of every minister to stand by the cabinet decisions and support them both within and outside the state legislature. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign.

Individual Responsibility

·        Article 164 also contains the principle of individual responsibility

·        the ministers hold office during the pleasure of the governor

·        the governor can remove a minister only on the advice of the chief minister

No Legal Responsibility

·        Centre-no provision in the Constitution for the system of legal responsibility of the minister in the states. not required that an order of the governor for a public act should be countersigned by a minister.

·        Moreover, the courts are barred from enquiring into the nature of advice rendered by the ministers to the governor

Composition of the Council of Ministers

·        Constitution does not specify the size of the state council of ministers or the ranking of ministers

·        determined by the chief minister

·        the council of ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers

·        The cabinet ministers- head the important departments of the state government like home, education, finance, agriculture and so forth, play an important role in deciding policies

·        The ministers of state- given independent charge of departments or can be attached to cabinet ministers. not members of the cabinet and do not attend the cabinet meetings unless specially invited when something related to their departments are considered by the cabinet

·        the deputy ministers- not given independent charge of departments, attached to the cabinet ministers and assist them in their administrative, political and parliamentary duties. They are not members of the cabinet and do not attend cabinet meetings

Cabinet

·         A smaller body called cabinet is the nucleus of the council of ministers. It consists of only the cabinet ministers. It is the real centre of authority in the state government. It performs the following role:

1.              It is the highest decisionmaking authority in the politico-administrative system of a state.

2.              It is the chief policy formulating body of the state government.

3.              It is the supreme executive authority of the state government.

4.              It is the chief coordinator of state administration.

5.              It is an advisory body to thegovernor.

6.              It is the chief crisis manager and thus deals with all emergency situations.

7.              It deals with all major legislative and financial matters.

8.              It exercises control over higher appointments like constitutional authorities and senior secretariat administrators.

Cabinet Committees

·         The  cabinet works through various committees  called cabinet committees. They are of two                                                                                                                                                   types standing and ad hoc. The former are of a permanent nature while the latter are of a temporary nature.

·         They are set up by the chief minister according to the exigencies of the time and requirements of the

situation. Hence, their number, nomenclature and comp-osition varies from time to time.

·         They not only sort out issues and formulate proposals for the consideration of the cabinet but also take decisions. However, the cabinet can review their decisions.

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 furnishing of information to Governor, etc.