Introduction
Article 163 of the Indian Constitution states, “There
shall be a Council of Ministers with the Chief Minister (CM) at the head to aid
and advise the Governor of the state in the exercise of his functions”. In the
parliamentary form of government, the Chief Minister is the real executive
authority in states. While the Governor is the head of the state (federal
unit), the Chief Minister is the head of the government. His/her position in
the Indian polity is comparable with the Prime Minister at the centre.
Appointment
The appointment process of a chief minister begins
after a general election or when a chief minister resigns or ceases to hold
office. The political party or coalition that secures a majority in the state
legislature elects their leader as the chief minister. The governor, as the
constitutional head, formally appoints the chief minister based on the majority
party's recommendation. This ensures democratic representation and
accountability to the people's mandate.
Duties of Chief Minister as respects the furnishing of
information to Governor –
It shall be the duty of the Chief Minister of
each State-
a)
to
communicate to the Governor of the State all decisions of the Council of
Ministers relating to the administration of the affairs of the State and
proposals for legislation;
b)
to furnish
such information relating to the administration of the affairs of the State and
proposals for legislation as the Governor may call for; and
c)
if the
Governor so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which
has not been considered by the Council.
FUNCTIONS
OF THE CHIEF MINISTER
1.
Cabinet Formation:
The
Governor is advised by the Chief Minister on the appointment of other Ministers
and the division of portfolios among them. The Chief Minister decides who
MLNMLC from his party or coalition (in the case of a coalition administration)
will be chosen as a Minister and which portfolio will be assigned to the
latter. No Minister has the authority to demand a specific ministry. It is not
his entitlement to a specific portfolio. The Chief Minister has the authority
to assign a portfolio to one or more Ministers.
2.
Leader of Council of Ministers:
The
Chief Minister is the Cabinet's leader. He presides over its meetings and sets
the agenda. He also directs the Cabinet sessions' deliberations. Any subject
referred to him by the Governor will be discussed in the Cabinet meeting.
3.
Coordination and Conflict Resolution:
The
Chief Minister is responsible for establishing unity and cooperation among
various Departments. If there is a disagreement between two Ministers, he will
strive to resolve it. His government would be weak if two of his ministers
fought each other.
4.
Advisor to Governor:
The
Chief Minister serves as the main advisor to the Governor. In normal times, the
Governor is guided by the advice of the Chief Minister.
5.
Main Information Source for Governor:
The
Chief Minister brings the Governor up to date on all major government decisions
and activities. He provides the Governor with any further information requested
by the latter. The Chief Minister serves as the main point of contact between
the Governor and the Council of Ministers.
6.
Leader of Ruling Party in Legislature:
The
Chief Minister is the legislative leader of the ruling party. In the
legislature, he must maintain discipline among his party's members. To that
end, he selects a whip whose orders must be followed by MPs from his party.
7.
Leader of his Party:
Even
if another party leader is the President of his party in the state, the Chief
Minister is without a doubt the most important leader of his party in the
state. His government will be weak if there is a schism between his party's
legislative and political wings. The Chief Minister is working to keep such
confrontations from erupting. It is also his responsibility to work for the
unification and strengthening of his party in the state.
8.
Power to Drop a Minister:
Any
Minister can be removed from office by the Chief Minister. According to the
Constitution, Ministers serve at the pleasure of the Governor, but in practise,
they serve at the pleasure of the Chief Minister. If the Chief Minister is
dissatisfied with a Minister, he has the authority to request that Minister
quit.
9.
Guiding and Controlling Ministers:
The
Chief Minister has the authority to direct, monitor, and control the other
members of the Council of Ministers. If a Minister is not doing his or her duties
effectively, the Chief Minister has the authority to reprimand and warn him. He
can provide advice to any Minister on how to improve the operation of his
Department. If the Chief Minister deems a Minister to be corrupt and
ineffective, he will remove him from office. A Minister may be effective and
honest, but if he is not a team player or is not loyal to the Chief Minister,
he may be dismissed.
10.
Power to overrule other Ministers:
The
Chief Minister has the authority to overrule his Ministers. A Minister is in
charge of his or her Department. However, his decision about his Department is
not final. Any Minister's decision can be modified or changed by the Chief
Minister if he so desires.
11.
Main Spokesman of Government:
The
Chief Minister is the main spokesman of the state government. Important policy
decisions of the government are made public through him. Whatever he says, that
is taken as authoritative.
12.
Link between Centre and State:
The
Chief Minister represents the state government in various inter-state bodies at
the national level. He is the main link between the state government and the
union government.
13.
Dissolution of State Legislature:
The
Chief Minister has the authority to suggest that the Legislative Assembly be
dissolved to the Governor. He may do so in order to hold an early election
before the Assembly's term is up. If the Chief Minister recommends to the
Governor that the Legislative Assembly be dissolved after his administration
has lost majority support in the Assembly, the Governor may reject his
recommendation. In this case, the Governor may look into the prospect of
forming an alternate government.
Conclusion
India
is a federal country and federalism is one of the basic features of the Indian
Constitution. India cannot prosper unless and until the financial and
administrative shape of its states and union territories are in good shape. The
chief minister is mandated by the constitution itself to lead the state
government. Ministers assist the chief minister in the policy formulation as
well as implementation. They work together to solve issues related to serving
the people of the state and society at large.
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