Indian Polity: Council of Ministers of States
Council of Ministers – Article: 163-164
Chapter II of PART VI of the Constitution deals with articles 163-164 Council of Ministers (CoM) in states.The Constitution decide that there shall be a Council of Ministers in the state there is a one head known as the Chief Minister,To help and advise the Chief Minister there should be a governor which we already discuss in this part. However, in fact the Chief Minister and his Council of Ministers act as the real executive in the state.
The Governor appoints Chief Minister and other Ministers on the advice of the Chief Minister. The Chief Minister and Ministers heading individual departments of the government constitute the State Cabinet. It is the most powerful authority in State administration. All the important decisions of the State administration are taken by the Cabinet. The decisions of the Cabinet are binding upon the Council of Ministers.
At the state level, the Council of Ministers is similar to the Union Council of Ministers. By general election, a party or group that receives a majority in the state legislature elects its leader. There are three categories of ministers- Cabinet Ministers, Ministers of States and Deputy Ministers.
The strength of Council:
The strength of the State Council of Ministers cannot be more than 15% of the strength of the State Legislative Assembly. For Example, There are 147 members in the Orissa Legislative Assembly. Then the maximum strength of the Orissa Council of Ministers can be 22.
Powers and functions of the State Council of Ministers:
1. The State Council of Ministers forms policies for the state administration. It also applies them.
2. The Council of Ministers also applies the instructions given by the Central Government. It must work in line with the national policies of the Central Government.
3. The Council of Ministers prepares proposals for legislation.
4. The Council of Ministers is responsible for maintaining law and order in the state.
5. The ministers are allotted the responsibility of various departments of state administration.
6. The Council of Ministers advises the Governor regarding the date and time of summoning and proroguing the sessions of the legislature. It also advises the Governor to dissolve the Legislative Assembly.
7. Council of Ministers and maintaining unity and solidarity among the ministers.
Chief Minister of the State:
The Constitution decide that there shall be a Council of Ministers in the state there is one head known as the Chief Minister. Governor appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister. He is the head of the State Council of Ministers. The Chief Minister has no fixed term of office. He remains in office so long as he commands the support of the majority members of the Legislative Assembly. When he loses support in the legislature, he has to resign. The resignation of the Chief Minister means the entire Council of Ministers should resign.
The Chief Minister must be a member of the State Legislature. If the hr/she is not a member of the state legislature at the time of assuming charge, then it should be, within a period of six months.
Powers and functions of the Chief Minister:
1. On the advice of the Chief Minister, the Governor appoints the other Ministers of the Council of Ministers and distributes the departments between them.
2. The Chief Minister plays an important role in making policies of the state government.
3. The Governor appoints the various high officials of the state government on the advice of the Chief Minister and his Council of Ministers.
4. The Chief Minister is the chief administrator of the State.
5. As the leader of the majority party in the Legislative Assembly, the Chief Minister has to see that party discipline is maintained in the House
Articles Come under Council of Minister:
1. Article 163: Council of Ministers of State.
2. Article 164: Other provisions as to Ministers.
PART VI- Council of Ministers of States -MCQ’s
1. The Council of Ministers does not include:
A. Cabinet Ministers
B. Cabinet Secretary
C. Ministers of State
D. Ministers without Portfolio
[toggle] Answer – B [/toggle]
2. The Council of Ministers in a State is collectively responsible to:
A. The Governor
B. The Chief Minister
C. The President of India
D. The Legislative Assembly
[toggle] Answer – D[/toggle]
3. Who is the longest serving Chief Minister in India?
A. Bhajan Lal
B. Hiteshwar Saikia
C. Chimanbhai Patel
D. Jyoti Basu
[toggle] Answer – D[/toggle]
4. What is the minimum age to be appointed as the Chief Minister of a state?
A. 25 years
B. 30 years
C. 35 years
D. 18 years
[toggle] Answer – A [/toggle]
5. Which of the following post is hold by the Chief Minister?
A. Chairman of the State Planning Board
B. Member of the National Development Council
C. Chief Spokesperson of the State Government
D. All of the above
[toggle] Answer – D[/toggle]
6. Which of the following is not matched correctly?
A. Article 167: Duties of the Chief Minister
B. Article 163: sworn in of the Chief Minister
C. Article 164: Provisions related to State Ministers
D. Article 166: Operations by the State Government
[toggle] Answer – B [/toggle]
7. Who determines the salary and allowances of the Chief Minister?
A. Governor
B. State Legislature
C. President
D. Parliament
Ans. B
8. The Union Council of Ministers consists of:
A. Prime Minister
B. Cabinet Minister
C. Cabinet Ministers and Chief Ministers of the States
D. Cabinet Ministers, Ministers of State and Deputy Ministers
[toggle] Answer – D[/toggle]
9. If a Minister of a State wants to resign, to whom he should address the letter of resignation?
A. Chief Minister
B. Speaker of Vidhan Sabha
C. Governor of the State
D. Leader of his political party
[toggle] Answer – A [/toggle]
10. Which of the following statements is false?
A. Chief Minister’s tenure is not fixed (with some conditions)
B. If the Chief Minister resigns from his post then the entire Council of Ministers has to resign
C. The Governor is the President of the Inter-state Council
D. The collective responsibility of the Council of Ministers is to the State Legislature
[toggle] Answer – C[/toggle]