1. Introduction to the State Council of Ministers
The Council of Ministers in Indian states operates under a parliamentary system similar to the Union government. The real executive authority in the state is vested in this council, which is headed by the Chief Minister. The council is responsible for aiding and advising the Governor in the state’s governance, following the guidelines of Articles 163 and 164 of the Constitution.
2. Constitutional Provisions Governing the Council of Ministers
- Article 163:
- This article establishes the Council of Ministers with the Chief Minister at the helm, responsible for aiding and advising the Governor in all functions, except those that the Governor may execute at his/her discretion.
- The Governor’s decision in discretionary matters is final, and courts cannot inquire into the advice given by the ministers.
- Article 164:
- The Chief Minister is appointed by the Governor, while other ministers are appointed on the Chief Minister’s advice.
- Special provisions exist for states like Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, requiring a Minister for Tribal Welfare.
- A constitutional limit is placed on the number of ministers, ensuring that it does not exceed 15% of the state legislature’s strength.
- Ministers are collectively responsible to the legislative assembly and can be disqualified under the anti-defection law.
3. Oath, Salary, and Tenure of Ministers
- Ministers must take an oath of office and secrecy before assuming their roles, administered by the Governor.
- They swear allegiance to the Constitution, uphold the sovereignty and integrity of India, and vow to execute their duties faithfully and impartially.
- The salary and allowances of ministers are determined by the state legislature and include additional benefits such as accommodation and travel allowances.
4. Responsibility of Ministers
- Collective Responsibility:
- The entire Council of Ministers is accountable to the legislative assembly. If a no-confidence motion is passed against the council, all ministers, including those in the legislative council, must resign.
- Individual Responsibility:
- Ministers hold office at the pleasure of the Governor, but the Chief Minister advises any removals. This ensures the maintenance of collective responsibility.
5. Composition of the Council of Ministers
- The Council of Ministers includes three categories:
- Cabinet Ministers: Senior ministers who lead important departments such as finance, home affairs, and education. They play a critical role in policy formulation and decision-making.
- Ministers of State: Can hold independent charge of departments or assist cabinet ministers. They do not usually attend cabinet meetings unless invited.
- Deputy Ministers: Assist other ministers and do not have independent responsibilities or attend cabinet meetings.
6. Cabinet’s Role in State Governance
The Cabinet, a smaller subset of the Council of Ministers, is the real decision-making authority in the state. It performs key functions such as:
- Policy Formulation: The Cabinet is responsible for shaping state policies.
- Executive Authority: It holds the highest executive powers in the state.
- Crisis Management: The Cabinet addresses emergencies and oversees key financial and legislative matters.
7. Cabinet Committees
The Cabinet operates through committees which are either permanent (standing) or temporary (ad hoc), depending on the requirements of the situation. These committees streamline decision-making by sorting out issues before they reach the full cabinet.
