8/13/2014

KALYAN SIR: CHIEF MINISTER

Today's Question

Click Here

HOME POLITY GEOGRAPHY QUICK LOOK GK CURRENT AFFAIRS BIT BANK THINK... About/Contact

Search here.....

Search

CHIEF MINISTER
KALYANSIR.COM

The Governor is the dejure (nominal) head.

The Chief Minister is the defacto (real) head.
The Governor is the head of the state.
The Chief Minister is the head of the Government.

APPOINTMENT:
The Chief Minister is appointed by the Governor.
Other Ministers are also appointed by the Governor only on the advice of the Chief
Minister.

ARTICLE 164:
a.

The Chief Minister shall be appointed by the Governor and other ministers shall be
appointed by the Governor on the advice of the Chief Minister.

b.
c.

The Ministers shall hold the office during the pleasure of the Governor.
The Council of Ministers shall be collectively responsible to the state legislative

http://www.kalyansir.net/2014/01/chief-minister.html

1/6

8/13/2014

KALYAN SIR: CHIEF MINISTER

assembly.
To uphold the democratic principles the Governor appoints the leader of the majority
party in the state legislative assembly as the Chief Minister.
In case no party has the majority then the Governor uses the discretionary powers.
The general principle is that the Governor invites the coalition group to form the
government.
Note: In coalition government there are minimum 2 parties in the government.
If there is no possibility of the formation of the government by group of parties then the
Governor invites the single largest party to form the government.
Note: Single largest party is a party is different from the majority party. A majority
party gets the clear cut majority in the house. Single largest party is that party that won
highest number of seats in the house but did not get the majority.
Example: The total number of seats in Delhi assembly is 70 hence a majority party
should get minimum 36 seats. But in the 2013 elections no party secured the majority.
BJP won 31 seats hence it is the single largest party in the Delhi Assembly. AAP (Aam
Aadmi Party) which secured to win 28 seats formed the minority government with the
outside support of Congress which won 8 seats.
If the single largest party refuses to form the government then he invites the second
largest party to form the government.
If no party comes forward to form the government then the Governor recommends for
the proclamation of the Presidents Rule.
A person who is not a member of the state legislature can be appointed as the Chief
Minister. He should become a member of either of the houses of the state legislature
within six months, failing which he ceases to be the Chief Minister.
The Chief Minister may be the member of any of the two houses of a state legislature.
http://www.kalyansir.net/2014/01/chief-minister.html

2/6

8/13/2014

KALYAN SIR: CHIEF MINISTER

OATH OF OFFICE:
The oath of office to the Chief Minister is administered by the Governor.

TERM:

The Chief Minister holds the office during the pleasure of the Governor.

RESIGNATION:

The Chief Minister submits the resignation to the Governor.

REMOVAL:

The Chief Minister is removed by the Governor.

The Chief Minister cannot be removed as long as he enjoys the majority of the House.
(This was ruled by the Supreme Court in 1994 in S R Bommai V. Union of India case).

If the Chief Minister loses the majority of the assembly, he must resign otherwise the
Governor can remove the Chief Minister.

SALARY:
The salary and other allowances of the Chief Minister are determined by the state
legislature.

FUNCTIONS:

http://www.kalyansir.net/2014/01/chief-minister.html

3/6

8/13/2014

KALYAN SIR: CHIEF MINISTER

Note: The CM is the defacto head. Hence every important decision is taken only after his
consent.
The CM is the head of the Council of Ministers.
The CM presides over the meeting of the Council of Ministers.
The CM advises the Governor to appoint other Ministers.
The CM decides the allocation of the portfolios among various the ministers.
Note: Portfolio means Ministry. One minister can hold more than one portfolio.
The CM reshuffles the portfolios.
The CM advices the minister to resign.
The CM advices Governor to accept resignation letter of a minister.
The CM advices the Governor to dismiss a minister in case he does not tender resignation
letter even after advice by the Chief Minister.
The Chief Minister is the channel of communication between the Governor and the
council of ministers.
Article 167: It shall be the duty of the Chief Minister 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. To furnish such information to the
Governor relating to the administration of affairs of the state and proposals for legislation
as the governor may call for and 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.
The Advocate General is appointed by the Governor on the advice of the CM.
The SPSC (State Public Service commission) Chairman and members are appointed by
the Governor on the advice of the CM.
http://www.kalyansir.net/2014/01/chief-minister.html

4/6

8/13/2014

KALYAN SIR: CHIEF MINISTER

The SFC (State Finance Commission) Chairman and the members are appointed by the
Governor on the advice of the CM.
The SEC (State Election Commissioner) is appointed by the Governor on the advice of
the CM.
The CM advices the Governor to summon and prorogue the state legislature.
The CM advises the Governor to dissolve the state legislative assembly.
The CM is the ex-officio chairman of the State Planning Board.
The CM is the Vice Chairman of the Zonal council by rotation.
Note: Zonal Councils discussed in detail separately.
Note: The Union Home Minister is the Chairman of all Zonal Councils.
The CM is a member of NDC (National Development Council).
The CM is a member of ISC (Inter State Council).
The CM is a member of NIC (National Integration Council).

KINDLY NOTE:
After the general elections (Assembly) the leader of the majority party is appointed as the
Chief Minister.
On the advice of the Chief Minister remaining ministers are appointed by the Governor.
The Governor appoints the Pro-tem speaker.
Generally the senior most member of the house is appointed as the pro-tem speaker.
http://www.kalyansir.net/2014/01/chief-minister.html

5/6

8/13/2014

KALYAN SIR: CHIEF MINISTER

Note: On January 1, 2014 the senior BJP leader and MLA Jagdish Mukhi of Delhi has
been appointed as the pro-tem speaker by the Lt. Governor Najeeb Jung. But he refused
to be the pro-tem speaker. Hence the senior congress MLA Mateen Ahmed has been
appointed as the pro-tem speaker.
The Pro-tem speaker administers oath of office to the all newly elected members of the
state legislative assembly.

The Chief Minister and other Ministers also take the oath as the members of the
assembly.

KALYANSIR.COM

Subscribe to: Post Comments (Atom)

COPYRIGHT 2013
KALYANSIR.NET (.C om) Republication or re dissemination of the content of this site are expressly prohibited without the written consent of KALYAN SIR.

http://www.kalyansir.net/2014/01/chief-minister.html

6/6