Chief Minister Flashcards
Who is chief minister?
As the constitution provides for Parliamentary system of government at the state level as well therefore governor is the nominal executive authority (de jure executive) and the chief minister is the real executive authority ( de facto executive).
Governor is the head of the state while CM is the head of the government
Appointment of chief minister- who appoints/ process
Appointed by - Governor
Process - constitution doesn’t mention any specific procedure for selection and appointment of the chief minister ➡️ in accordance with the conventions of parliamentary system ➡️ the governor appoints the leader of the majority party in SLA as the chief minister
What if no party has the clear majority in SLA?
Then governor excercises his personal discretion and usually appoints the leader of largest party or coalition in the assembly asks him to seek the vote of confidence in the house within a month.
A person who is not member of state legislature can be appointed as CM for six months within which he has to become a member of State legislature otherwise he ceases to become CM
What happens if the CM in office suddenly dies?
The governor may excercise his individual judgement in appointment of new CM if there’s no obvious successor but if the ruling party itself elects a new leader then governor has no choice but to appoint him as CM
CM has to be from which house?
He can be a member of either house in case of bicameral legislature
Oath administered by?
Governor
Term and tenure of the CM?
Term - not fixed as he holds office during the pleasure of the governor (however he cannot be dismissed by the governor as long as he enjoys the majority un SLA)
What happens if CM loses the confidence of assembly?
He must resign or the governor can dismiss him
Salary and allowances of the CM?
Decided by state legislature
Power and functions if CM - in relation to COM
- The governor can appoint only those persons as ministers who are recommended by CM(Art 164)
- He allocates and reshuffle various portfolios among the ministers
- He can as a minister to resign or advice the governor to dismiss him in case of difference of opinion
- Presides over the meeting of COM
- The resignation or death of an incumbent CM automatically dissolves the COM
Power and functions of CM - in relation to Governor
Article 163 - there shall be COM with the CM at the head to aid and advise the governor who shall act in accordance with such advice
Article 164 - the CM shall be appointed by governor and the other minister shall be appointed by the president on advice of the CM
The ministers shall hold office during the pleasure of the governor
Article 167 : he is the principal channel of communication between the governor and COM. It is the duty of the CM:
•to communicate to the president all decisions of COM relating to administration of state and proposals for legislation
•to furnish such information relating to administration or proposals if legislation as governor may call for
•if governor so requires, to submit for consideration of the COM any matter on which a decision has been taken by a minister but has not been considered by COM
CM advices the governor with regard to which important officials?
Advocate general
Chairman and members of SPSC
SEC
Power and functions of CM - in relation with State legislature
- He’s the leader of the lower house
He advices the governor with regard to summoning and proroguing of the session of the state legislature - He can recommend the dissolution of LA to Governor at any time
- He announces the policies of government on the floor of the house
CM acts as chairman/vice chairman of which bodies?
Chairman - state planning board
Vice - chairman - central zonal council by rotation for a period of 1 year at a time
