1. Role of the Chief Minister

  • The Governor is the nominal executive authority (de jure), whereas the Chief Minister (CM) is the real executive authority (de facto).
  • The CM holds the most significant executive role at the state level, similar to the Prime Minister at the national level. The Governor is the ceremonial head, but the CM wields real power in governance.

2. Appointment of the Chief Minister

  • The Constitution (Article 164) only mentions that the CM shall be appointed by the Governor, but there is no specific procedure outlined for selecting the CM.
  • Majority Party: The Governor typically appoints the leader of the majority party in the state legislative assembly.
  • No Clear Majority: If no party has a clear majority, the Governor has discretion to appoint the CM, often selecting the leader of the largest party or coalition and asking them to seek a vote of confidence within a month.
  • Death or Absence of a Clear Successor: In cases where the CM dies, the Governor may exercise personal discretion, but generally, the ruling party elects a new leader, and the Governor appoints that person.
  • Non-member Appointments: A person not part of the state legislature can be appointed CM for up to six months, during which time they must get elected to the legislature.
  • Sarkaria Commission Recommendations:
    • The Governor should focus on selecting the party with the widest support.
    • In cases of no absolute majority, preference should be given to pre-election alliances, the largest single party with support from others, or post-election coalitions.

3. Oath, Term, and Salary

  • Oath of Office and Secrecy: The CM takes an oath to uphold the Constitution, sovereignty, and integrity of India, and to faithfully discharge duties without bias.
  • Term: The CM holds office at the Governor’s pleasure but cannot be dismissed as long as they maintain majority support in the legislative assembly. If the CM loses confidence in the assembly, they must resign.
  • Salary and Allowances: Determined by the state legislature, the CM also receives allowances for accommodation, travel, and other expenses.

4. Powers and Functions of the Chief Minister

  • In Relation to the Council of Ministers:
    • The Governor appoints ministers based on the CM’s recommendations.
    • The CM allocates portfolios, reshuffles ministers, and can ask a minister to resign.
    • The CM presides over and directs the Council of Ministers.
    • The CM can dissolve the Council by resigning.
  • In Relation to the Governor:
    • The CM is the main communication link between the Governor and the Council of Ministers.
    • The CM advises the Governor on appointments like the Advocate General and Public Service Commission members.
  • In Relation to the State Legislature:
    • The CM advises the Governor regarding the summoning and proroguing of sessions.
    • The CM can recommend the dissolution of the Legislative Assembly.
    • The CM announces government policies in the legislature.
  • Other Powers:
    • The CM serves as the Chairman of the State Planning Board.
    • Acts as Vice-Chairman of Zonal Councils, member of the Inter-State Council, and member of NITI Aayog.
    • The CM is also the chief spokesperson, political leader, and crisis manager of the state.

5. Relationship with the Governor

  • Article 163: There must be a Council of Ministers, headed by the CM, to aid and advise the Governor except in matters where the Governor exercises discretion.
  • Article 164: The Governor appoints the CM and ministers, who hold office at the Governor’s pleasure, but they must enjoy the confidence of the assembly.
  • Article 167: The CM is required to keep the Governor informed about decisions of the Council of Ministers and legislative proposals.