Chief Minister

This article deals with ‘Chief Minister .’ This is part of our series on ‘Polity’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

• Chief  Minister –  de facto Head of State
• Governor – de jure Head of State
• Chief Minister is  primus inter pares

Appointment of Chief Minister

Article 164	Chief Minister shall be appointed by the Governor (but he is not free to appoint anybody)
	Generally from Legislative Assembly but if State has Council, then member of Council can also be appointed as Chief Minister
Delhi High Court 1980	Person need not prove his majority before he is appointed as Chief Minister . Governor first can appoint Chief Minister and ask him to prove his majority in Legislative Assembly in reasonable time(1 month now)
Supreme Court 1997	Person who is not Member of any House of State Assembly can also be appointed as Chief Minister & within 6 months he must become Member of any of the House of Assembly

Term of Chief Minister

• Term of Chief Minister is not fixed
• But doesn’t mean he holds office with pleasure of Governor
• He remains in office till he has not lost  majority of Assembly

Powers of Chief Minister

1 . In Relation to Council of Ministers

• Recommends Governor who can be appointed as Minister
• Allocate and reshuffles various portfolios among them
• Presides over the meetings of Council of Ministers
• He can ask Minister to resign or advise Governor  to dismiss him
• He can collapse Council of Ministers by resigning from his office

2. In relation to Governor

Article 167: It is duty of Chief Minister to

• Communicate the Governor, all decisions taken by Council of Ministers relating to administration of the affairs of State
• Furnish such info relating to the administration of affairs of State  & any proposal of Legislation as Governor may call for
• Submit for consideration of Council of Ministers any matter on which decision has been taken by Minister but not considered by Council
• Advise Governor in appointment of Advocate General,State Election Commissioner, Chairman & Members of SPSC

3. Relation to State Legislature

• Advises Governor with regard to Summoning & Proroguing of sessions of Assembly
• Can recommend dissolution of Assembly
• Announces Government’s policies on floor of Assembly

4. Other powers

• Chairman of State Planning Board
• Member of National Development Council,National Integration Council,Inter-State Council  etc
• Chief Spokesman of State Government
• Leader of party in power
• Political head of service

Important Articles wrt Chief Minister

163	Council of Minister to aid and advise Governor
164	Other Provisions as to ministers like collective responsibility, appointment of ministers by governor & ministers holding office till pleasure of governor
167	Duties of CM wrt furnishing of information to Governor