State Council of Minister – Indian Polity Notes

Like Union, the constitution provides for dual executive at the state level. The Governor is nominal executive in whose office executive power of the state is vested by the constitution and the State Council of Minister led by the Chief Minister who are real executive.

Constitutional Provisions:

Article	Description
Article 163	Council of Ministers headed by CM to aid and advice Governor
Article 164	Other provisions as to Ministers
Article 166	Conduct of business of the government of the state.
Article 167	Duties of CM wrt Governor

Appointment:

• Under article 164, members of state Council of Ministers are appointed by the Governor on advice of the Chief Minister.
• Same article mandates the Governor to appoint Minister for Tribal Welfare in states of:
  • Chhattisgarh
  • Jharkhand
  • Madhya Pradesh
  • Odisha

Eligibility:

• To be member of council of ministers, individual shall be member of either house of state legislature.
• Individual can be appointed as a minister without being a MLA/MLC for duration of 6 months, before expiry of said period, individual has to get elected/nominated on either house of legislature.
  • E.g. Former CM of Maharashtra Mr. Uddhav Thackeray was appointed as CM when he was neither a MLA nor MLC. Later he was elected on Maharashtra Legislative Council.

Strength:

• After 91^st Amendment Act 2003, total strength of the council of ministers including the CM shall not exceed 15% of strength of state assembly.
• The minimum strength of the council of ministers including CM shall not be less than 12.
• For Delhi, it is 10% of strength of assembly which is 7 including CM.

Composition:

Like Union Council of Ministers on state level also, the council of ministers is composed of:

• Cabinet Ministers.
• Ministers of state: independent charge
• Minister of state
• Deputy Ministers (not used)

Tenure:

• There is no fixed tenure for state council of ministers led by the CM. 
• They continue to hold office at pleasure of the Governor. In practice it means, they hold office until they(ruling party/coalition) enjoys majority in the state assembly.

Removal:

• Entire state council of ministers including CM are collectively responsible to the state assembly.
• Ministers are individually accountable to the CM. They can be removed from office by the Governor on advice by CM.
• Entire council of ministers can be removed by following ways:
  • When they lose majority on the floor of house.
  • When no confidence motion is passed.
  • When motion of thanks after speech of the Governor is defeated on the floor.
  • When the budget is defeated on the floor.
• Apart from that, CM can resign writing to the Governor. Due to principle of collective responsibility, it is considered as resignation of entire council of ministers.

Powers:

• The primary task of council of ministers is formulation of policy for effective governance of the state. Ministers are allocated the portfolios for this.
• The state cabinet takes decisions on all key matters within domain of state.
• The council of ministers recommend the governor on key appointments like Advocate General of state, members of state public service commission etc.
• They also recommend the Governor on summoning, proroguing the session of the assembly.
• They also decide legislative agenda like bills to be introduced in the ongoing session etc.
•  Most important power lies in control over state exchequer. State Finance Minister presents budget and makes provisions for several welfare measures.

Responsibility:

Under article 164(2), The state council of ministers including CM is collectively responsible to the state legislative assembly.

The individual ministers are individually accountable to the CM.

Important Judgements:

Virendra Kumar Case: 

SC held that state council ministers can be lower than 12 as mandated under article 165(1A). It upheld validity of 10 members council including CM Prem Kumar Dhumal of Himachal Pradesh and said it did not breached article 164(1A).

S R Bommai Case: 

The power of President to sack(remove) state council of ministers during imposition of President’s Rule under article 356 is not absolute.

E.g. Union Govt led by then PM Vajpayee had sacked then Bihar Govt led by Rabri Devi. The Union Govt had to reinstate the Rabri Devi Govt in Bihar.

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