State Council of Ministers

About

The State Council of Ministers is the real executive body of the State Government. Headed by the Chief Minister, it aids and advises the Governor in the exercise of his functions and is collectively responsible to the Legislative Assembly.

Constitutional Provisions

91st Constitutional Amendment Act, 2003

• Inserted Article 164(1A) limiting the size of the Council of Ministers to 15% of the total strength of the Legislative Assembly, including the Chief Minister.
• The total number of Ministers shall not be less than 12.
• Inserted Article 164(1B), disqualifying defecting legislators from being appointed as Ministers until they are re-elected or their term expires.
• Strengthened the anti-defection framework by preventing political defections for ministerial office.

Appointment of Ministers: Under Article 164(1), the Governor appoints the Ministers on the advice of the Chief Minister.

Key Points

• The Governor appoints only those persons recommended by the Chief Minister.
• Ministers hold office during the pleasure of the Governor, but practically so long as they enjoy the confidence of the Chief Minister.
• The Governor may appoint a person who is not a member of the State Legislature as a Minister, but the person must become a member of either House within six months under Article 164(4).

Tribal Welfare Minister: Under the proviso to Article 164(1), there shall be a Minister in charge of Tribal Welfare in the States of:

• Chhattisgarh
• Jharkhand
• Madhya Pradesh
• Odisha

The same Minister may also be assigned charge of Scheduled Castes, Backward Classes or any other department.

Note: This provision originally applied to Bihar, Madhya Pradesh and Odisha. However, the 94th Constitutional Amendment Act, 2006 exempted Bihar and extended it to Chhattisgarh and Jharkhand.

Oath and Allowances

Under Article 164(3), every Minister, before entering office, takes the Oath of Office and the Oath of Secrecy, administered by the Governor according to the Third Schedule of the Constitution.

Under Article 164(5), the salaries and allowances of Ministers are determined by the State Legislature through law and vary from State to State.

Responsibilities of the Council of Ministers

Collective Responsibility: Under Article 164(2), the Council of Ministers is collectively responsible to the Legislative Assembly. If the Assembly passes a vote of no-confidence, the entire Council of Ministers must resign.

The Chief Minister advises the Governor to remove a Minister, making each Minister individually responsible to the Governor through the Chief Minister.

Legal Responsibility: The Constitution does not provide for the legal responsibility of State Ministers for acts performed in the name of the Governor.

Formation (Composition) of the Council of Ministers

The Governor appoints Ministers of different ranks on the advice of the Chief Minister, and together with the Chief Minister, they form the Council of Ministers.

Categories of Ministers

Cabinet Ministers

• Senior-most Ministers heading major departments.
• Form the core decision-making body of the State Government.

Ministers of State (Independent Charge)

• Head smaller departments independently.
• Do not function under a Cabinet Minister.

Ministers of State

• Assist Cabinet Ministers in the administration of departments assigned to them.

Deputy Ministers (if appointed)

• Assist Cabinet Ministers or Ministers of State.
• They do not independently head any department.

Nature of Ministerial Advice to the Governor

• Article 163(1): A Council of Ministers headed by the Chief Minister shall aid and advise the Governor, except in matters where the Constitution requires the Governor to act in his discretion.
• Binding Nature: The Governor is ordinarily bound by the advice of the Council of Ministers and cannot act independently or contrary to such advice, except in constitutionally permitted discretionary matters.
• Governor’s Discretion: Under Article 163(2), if a question arises whether a matter falls within the Governor’s discretionary sphere, the Governor’s decision shall be final. However, this discretion is not unlimited and is subject to constitutional principles and judicial review.
• Article 163(3) prohibits courts from inquiring whether ministers tendered any advice to the Governor or examining the contents of that advice.
• Constitutional Position: The provision reflects the parliamentary form of government in which the Governor is the nominal executive, while real executive authority is exercised by the elected Council of Ministers.

Supreme Court Decisions

• 1971 Judgment: The Supreme Court held that a Council of Ministers must always exist to aid and advise the Governor, even after the Legislative Assembly is dissolved or the ministry resigns. Therefore, the outgoing ministry may continue as a caretaker government until its successor assumes office.
• Shamsher Singh v. State of Punjab (1974): The Supreme Court held that the Governor must exercise all constitutional powers on the aid and advice of the Council of Ministers, except in narrowly defined discretionary matters. The Governor’s “satisfaction” ordinarily means the satisfaction of the Council of Ministers, not the Governor’s personal satisfaction.

FAQs

1. Which Article provides for the State Council of Ministers?
   Article 163 provides for a Council of Ministers headed by the Chief Minister to aid and advise the Governor.
2. To whom is the State Council of Ministers collectively responsible?
   Under Article 164(2), it is collectively responsible to the State Legislative Assembly.
3. What is the maximum size of the State Council of Ministers?
   Under the 91st Constitutional Amendment Act, 2003, its strength cannot exceed 15% of the total strength of the Legislative Assembly, subject to a minimum of 12 ministers.
4. Can a non-legislator become a state minister?
   Yes, but under Article 164(4), the person must become a member of either House of the State Legislature within six consecutive months.