State Council Of Ministers

A Council of Ministers, led by the Chief Minister, shall assist and advise the Governor in the performance of his duties, except where he is required to exercise his powers in his discretion. If a question arises as to whether a matter falls within the Governor's discretion or not, the Governor's decision shall be final, and the Governor's actions shall not be called into question on the basis that he should or should not have acted in his discretion. Ministerial advice to the Governor is not subject to scrutiny in any court.

 

• The Governor will appoint the Chief Minister, and the Governor will appoint the other Ministers on the Chief Minister's advice. In the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, however, there will be a Minister in charge of tribal welfare, who may also be in charge of scheduled castes and backward classes or any other work. The 94th Amendment Act of 2006 exempted the state of Bihar from this provision.

 

• The total number of ministers in a stateshall's council of ministers, including the chief minister, must not exceed 15% of the total strength of that state's legislative assembly. The number of ministers in a state, including the chief minister, must not be less than 12. The 91st Amendment Act of 2003 added this provision.

 

• Any member of the state legislature from any political party who is disqualified on the basis of defection is also disqualified from being appointed as a minister. The 91st Amendment Act of 2003 also included this provision.

 

• The ministers will serve at the Governor's pleasure, and the council of ministers will be collectively accountable to the state Legislative Assembly. A minister's oaths of office and confidentiality are administered by the Governor.

 

• A minister ceases to be a minister if he or she is not a member of the state legislature for six months in a row.

 

• Ministers' wages and allowances are established by the state legislature.

 

Ministers' salary and allowances are set by the state legislature on a regular basis. A minister is paid the same salary and benefits as a member of the state legislature. He also receives a stipend (based on his position), free housing, a travel allowance, and medical benefits, among other things.

 

The council of ministers is collectively responsible to the state's legislative assembly, according to Article 164. This means that all ministers have shared responsibility for all their actions of omission and commission before the legislative assembly. They collaborate and swim or sink as a unit. When the legislative assembly passes a no-confidence motion against the council of ministers, all ministers, including those on the legislative council, are required to resign. Alternatively, the council of ministers can advise the governor to dissolve the legislative assembly and call new elections on the grounds that the House does not accurately represent the opinions of the public. The governor may refuse to obey a council of ministers that has lost the legislative assembly's confidence.

The notion of collective responsibility also means that all cabinet ministers (and other ministers) are bound by cabinet decisions, even if they deferred in the cabinet meeting. Every minister has a responsibility to support cabinet decisions both inside and outside the state legislature. Any minister who does not agree with a cabinet decision and is unwilling to defend it must resign. Several ministers have previously resigned due to disagreements with the cabinet.

 

Individual accountability is likewise enshrined in Article 164. It specifies that the ministers serve at the governor's pleasure. This means that the governor can dismiss a minister if the council of ministers has the legislative assembly's confidence. The governor, on the other hand, can only remove a minister on the advice of the chief minister. In the event of a disagreement or unhappiness with a minister's performance, the chief minister may ask him to quit or advise the governor to remove him. The chief minister can ensure that the rule of collective responsibility is implemented by exercising this power.

 

The Constitution does not provide for a system of ministerial legal responsibility in the states, as it does at the federal level. An order of the governor for a public act does not need to be countersigned by a minister. Furthermore, the courts are prohibited from inquiring into the nature of the ministers' counsel to the governor.

 

The size and ranking of the state council of ministers are not specified in the Constitution. They are determined by the chief minister in accordance with the needs of the moment and the circumstances. The council of ministers in the states, like at the federal level, is made up of three types of ministers: cabinet ministers, ministers of state, and deputy ministers. The distinction between them is based on their respective positions, emoluments, and political clout. The chief minister, who is the state's primary governing authority, sits atop all of these ministers.

 

Cabinet ministers are in charge of key state government departments such as home, education, finance, agriculture, and so on. They are members of the cabinet, attend its sessions, and have a significant influence over policy decisions. As a result, their responsibilities span the entire state government.

 

Ministers of state can be assigned to departments independently or be connected to cabinet ministers. They are not, however, members of the cabinet and do not attend cabinet sessions unless they are specifically invited when issues relating to their departments are discussed.

 

The deputy ministers are the next in line. They are not in command of departments on their own. They work closely with cabinet ministers, assisting them with administrative, political, and parliamentary responsibilities. They are not cabinet members and do not participate in cabinet sessions. A deputy chief minister may be included in the council of ministers at times. The appointment of deputy chief ministers is mostly motivated by local political considerations.