Chief Minister and Council of Ministers

Appointment (Arts 163 and 164)

• The Governor appoints the Chief Minister, usually the leader of the majority party or coalition in the Assembly. The CM may be a member of either House, or not a member at all. In that case he must become a member within 6 months.
• Other ministers are appointed by the Governor on the advice of the CM.
• Ministers hold office during the pleasure of the Governor. The Council is collectively responsible to the Legislative Assembly (Art 164(2)).
• The Governor administers the oath of office and secrecy.

Size (91st Amendment, 2003)

• The Council, including the CM, cannot exceed 15 per cent of the total Assembly strength.
• The minimum is 12 ministers (Art 164(1A)). The exception is Delhi (10 per cent) and J&K (the J&K Reorganisation Act also limits ministers to 10 per cent).
• A member disqualified under the Tenth Schedule cannot become a minister (Art 164(1B)).

Powers and functions of the Chief Minister

• Head of the Council of Ministers. Recommends the allocation of portfolios.
• Link between the Governor and the Council (Art 167): he must give the Governor all information about decisions of the Council.
• Leader of the House. Chairs the State Planning Board and other bodies. Is also an ex-officio member of the NITI Aayog Governing Council and the Zonal Council.
• Resignation or death of the CM dissolves the Council.

Mnemonic: Union versus State

Landmark facts

• Sucheta Kripalani (Uttar Pradesh, 1963) was India's first woman Chief Minister.
• Sheikh Abdullah was the first Prime Minister of J&K (from 1948). The title was changed to Chief Minister in 1965.
• B.R. Kapur v State of Tamil Nadu (2001): a person convicted and sentenced for a crime cannot be appointed CM even if the Governor wants to appoint him.
• S.R. Bommai v Union of India (1994): floor test is the way to test a ministry's majority. Secularism is part of the basic structure.