GA Notes: CHIEF MINISTER of STATE (POWERS AND RESPONSIBILITIES)

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CHIEF MINISTER of STATE

Article 164 says that the Chief Minister shall be appointed by the governor.
He is the Real Executive Authority (de facto executive).
The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister. In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask him to seek a vote of confidence in the House within a month.
A person who is not a member of the state legislature can be appointed as Chief Minister, but he should be elected to the state legislature within six months to continue his tenure.
The Governor is assisted in the discharge of his functions by a Council of Ministers headed by the Chief Minister.

OATH, TERM AND SALARY:

The governor administers to him the oaths of office and secrecy.
The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor. (Article 164)
Note:He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.
The salary and allowances of the Chief Minister are determined by the state legislature.

POWERS AND FUNCTIONS OF CHIEF MINISTER:

He is the chief spokesman of the state government.
The Chief Minister recommends to the Governor the names of persons to be appointed as members of the Council of Ministers and allocates portfolios among them. (Article 163)
He can ask any minister to resign from the Council or drop him from the Council by reshuffling it.
The Chief Minister is the chief link between the Governor and the Council of Ministers and keeps the former informed of all decisions of the Council. (Article 167)
He presides over the meetings of the council of ministers and influences its decisions.
Since the Chief Minister is the head of the council of ministers, his resignation or death automatically dissolves the council of ministers.
He can recommend dissolution of the Legislative Assembly to the Governor even before the expiry of its term.
He advises the governor with regard to the appointment of important officials like advocate general, chairman and members of the state public service commission, state election commissioner.

Other Roles of Chief Minister:

He is the chairman of the State Planning Board.
Acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time.
As a member of the Inter-State Council and the National Development Council, both headed by the prime minister.