Everything About State Council Of Ministers
Introduction
State Council of Ministers or State Executive are Similar to the Central Council of Minister. According to Article 163 of the Indian Constitution, the State Council of Ministers assists and advises the Governor. The state council of ministers is under the direction of the chief minister. The governor appoints ministers to the council on the recommendation of the CM.
Constitutional Provisions For The State Council Of Ministers
Part VI of the Constitution deals with the States, or the second half of Indian federalism. Articles 152-237 cover a variety of state-related rules. It includes the state's legislative, judicial, and executive branches. Articles 163–164 of the Constitution of States deal with the Council of Ministers (CoM).
According to Article 163, the Council of Ministers assists and advises the Governor. Similar to central ministerial councils are state councils of ministers. The state council is under the direction of the Chief Minister.
Additional Provisions Under Article 163 Of The Constitution Include:
• Unless the Governor is required by or under this Constitution to exercise all or some of his duties at his discretion, a Council of Ministers headed by the Chief Minister shall assist and advise the Governor in the fulfilment of his duties.
• The Governor's decision in his discretion shall be final, and nothing he does shall be questioned on the grounds that he should or should not have acted in his discretion. This applies even if there is any doubt as to whether the Governor is required to act in his discretion by or under this Constitution.
• Any court shall not enquire whether any, and if so, what, advice was provided to the Governor by Ministers.
Article 164 Stipulates:
• Including the Chief Minister, the total number of ministers in a state's council of ministers must not be more than fifteen percent of the members of that state's legislative assembly.
• The Council of Ministers shall be held jointly responsible by the State's Legislative Assembly.
• Before a Minister takes office, the Governor must administer the oaths of office and secrecy to him or her using the forms specified in the Third Schedule.
• A Minister ceases to be a Minister at the end of a six-month or longer period during which he or she is not a member of the State Legislature.
• Ministers' salaries and benefits must comply with any laws that the State Legislature enacts from time to time, and they must follow the Second Schedule until the State Legislature changes them.
• The conduct of a state's government's business is covered in Article 166.
Qualifications
A person must be a member of the state legislature in order to serve as a minister of a state council. If a person is not a member of the state legislature when they are elected, they must join within six months of taking office.
Additionally, the following requirements must be met in order to serve in the state legislature:
(a) He must be an Indian national.
(b) He must have unwavering trust in and loyalty to the Indian Constitution.
(c) In the case of the legislative council, he must be at least 30 years old.
(d) In the case of the legislative assembly, he cannot be younger than 25 years old.
State Council Of Ministers' Role And Duties
Development of Policies
• The government's policies are developed by ministers.
• Every major topic, including public health, disability and unemployment payments, plant disease control, water storage, land tenures and production, and the supply and distribution of goods, is decided by the Cabinet.
• Once a policy is created, it is put into effect by the relevant department.
Administrative Control and Public Order Maintenance
• The executive branch must act in a way that ensures the observance of state legislation.
• The Constitution gives the Governor the authority to make rules to conduct government business more effectively.
• On all such regulations, the Council of Ministers provides guidance.
Appointments
• The State Public Service Commission members as well as the Advocate-General may be appointed by the Governor.
• The Vice-Chancellors of the State Universities are appointed by the Governor, as are the members of many Boards and Commissions. The Governor cannot choose to make these appointments. He must carry out these obligations, as per the counsel of his ministers.
Guiding the Legislature
• Government legislation created by ministries make up the majority of the bills that the legislature votes on.
• Before the State Legislature, the Ministers present, justify, and defend them. Each year, the Cabinet draughts the Governor's Address, outlining its legislative agenda, prior to the start of the first session of the Legislature.
Control over State Exchequer
• The State budget, which contains projections for revenue and spending for the upcoming year, is delivered by the Finance Minister to the State Legislature.
• The Legislature is unable to act in the case of a Money Bill.
• Such a Bill may only be introduced by a Minister and requires the Governor's recommendation. With regards to financial matters, the Executive does take the lead.
Application of Central Laws and Union Government Decisions
• The Union Government may order state governments to take particular actions under certain circumstances.
• In order to ensure that the laws established by Parliament are followed, states should exercise their executive authority.
• Nothing they undertake should put the Union's executive authority in danger.
Types of Responsibility
There are two categories of obligations:
• Collective Responsibility
• Individual Responsibility
Collective Responsibilities
• According to Article 164, the state's legislative assembly is the council of ministers' sole source of collective accountability.
• This implies that all ministers are equally accountable for any deeds they commit or fail to commit in front of the legislative assembly.
• They work as a cohesive team and will either sink or swim together.
• All ministers, including those on the legislative council, must resign if the legislative assembly passes no-confidence resolutions against the council of ministers.
• A cabinet decision is binding on all cabinet ministers (as well as other ministers), even if some of them postponed in the cabinet, according to the idea of collective responsibility.
• All ministers have a duty to support cabinet decisions made both inside and outside of the state legislature. If a minister disagrees with a cabinet decision, he must resign.
Individual Responsibility
• Article 164 also establishes individual responsibility. According to the law, the ministers perform their duties as needed by the governor.
• This indicates that if the legislative assembly has given the council of ministers its support, the governor may remove a minister.
• On the other hand, the governor can only dismiss a minister with the chief minister's approval.
• The chief minister may request a minister's resignation or suggest that the governor dismiss him if he is dissatisfied with his performance.
Appointment
• The governor appoints the Chief Minister.
• On the chief minister's recommendation, the governor appoints the other ministers.
• Only those individuals who are suggested by the chief minister may be appointed as ministers by the governor.
Removal
• Members of the state council of ministers may serve at the governor's pleasure, but the governor only exercises his authority on the chief minister's advice.
Composition
• The council of ministers is made up of cabinet ministers, ministers of state, and deputy ministers. Their rankings show how they differ from one another.
• The principal departments are under the control of the cabinet ministers.
• Ministers of state typically have the independent charge.
• Deputy Ministers support cabinet ministers.
Conclusion
The state's legislative agenda is set by the Council of Ministers, which also leads the introduction and passage of new laws. The state advances on the path of growth faster and safer because of the strong state legislative council. The Council of Ministers is the first step in the expansion of the government's role in bettering the state's citizens' lives. The history of democracy in India shows how enacting stringent laws and putting them into practice changed people's lives. You may think of the State Council of Ministers as the foundation of the government.