State Council of Ministers in India: Constitutional Framework, Appointment Process and Responsibilities

State Council of Ministers: Key Insights for IAS Exam Preparation in Indian Polity #

To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about the State Council of Ministers. It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). This is an essential portion of the polity. As IAS aspirants, you should be thorough with the State Council of Ministers. In this article, you can read all about the State Council of Ministers for the Polity and Governance segments of the UPSC syllabus.

Evolution and Functioning of State Council of Ministers #

• Portfolio system was started by Lord Canning in Indian Councils Act 1861.
• In the United Kingdom, the Council of Ministers is the real executive which is left on the convention.
• The Indian Constitution codifies the system of Council of Ministers.
  
• In the case of S.R. Chauhan vs State of Punjab (2001), the Supreme Court ruled that a non-member cannot be re-appointed without being elected.
  • However, a non-member can serve as a part of the council of ministers for a maximum period of 6 months.

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• The Constitution of India establishes a Parliamentary system of government in the states based on the Union model.
• The Council of Ministers, led by the Chief Minister, serves as the effective executive authority in our state’s politico-administrative framework.
  
• The state’s Council of Ministers operates similarly to its counterpart at the central level.
  
• The principles of the Parliamentary system of government are broadly outlined in Articles 163 and 164 of Part VI of the Constitution.
  
• Each Minister is accountable for the actions of officials within their department.
• He has to answer questions regarding the affair of his department in the Assembly.
• The Council of Ministers convenes infrequently, thus making the Cabinet the primary driving force of the government.
  
• Article 163 outlines the status of the council of ministers, while Article 164 addresses the appointment, tenure, responsibilities, qualifications, oath, salaries, and allowances of ministers.

CONSTITUTIONAL PROVISIONS: Articles 163 to 177 on State Council of Ministers #

• Articles spanning from 163 to 177 in Part VI broadly deals with the State Council of Ministers.

• State Executive: The State Executive comprises the Governor, Chief Minister, State Council of Ministers, and the Advocate General of the State.
  
• India consists of 28 States and 8 Union Territories.
  
• There are 31 Chief Ministers in India, with 28 from States and 3 from Union Territories (Delhi, Puducherry, and Jammu & Kashmir). 

State Council of Ministers: Constitutional Dynamics and Advisory Role under Article 163 #

• There shall be a Council of Ministers with the CHIEF MINISTER as the head, tasked with aiding and advising the Governor in all matters except those where the GOVERNOR exercises discretion
• If any question arises whether a matter falls within the Governor’s discretion or not, the decision of the Governor shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
• The advice tendered by Ministers to the Governor shall not be inquired into in any court.

Article 164: Appointment, Tenure and Responsibilities of State Council of Ministers #

• The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister.

• The ministers shall hold office during the pleasure of the Governor.
• The council of ministers shall be collectively responsible to the State Legislative Assembly.
• A minister who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister.

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Conduct of Business in State Government: Article 166 and the Role of State Council of Ministers #

• All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
• Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor.
• Moreover, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
• The Governor shall make rules for the more convenient transaction of the business of the government of the state, and for the allocation among ministers of the said business.

Role of Chief Minister: Insights into State Council of Ministers’ Responsibilities #

It shall be the duty of the Chief Minister of each state-

1. To communicate to the Governor of the state all decisions of the council of ministers relating to the administration of the affairs of the state and proposals for legislation.
2. To furnish such information relating to the administration of the affairs of the state and proposals for legislation as the governor may call for.
3. If the Governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

What are the Key Constitutional Provisions Governing the State Council of Ministers in India? #

• Every minister shall have the right to speak and take part in the proceedings of the Assembly (and also the Council where it exists) and any Committee of the State Legislature of which he may be named a member. But he shall not be entitled to vote.

91st Constitutional Amendment Act 2003: Reshaping State Councils of Ministers #

• The total number of ministers, including the Chief Minister, in a state’s council of ministers cannot exceed 15 percent of the total strength of the state legislative assembly.
  
• However, the minimum number of ministers, including the Chief Minister, in a state must be at least 12.
  
• A member of either house of the state legislature, from any political party, who is disqualified due to defection, is also ineligible for appointment as a minister.

Factors Considered in Forming the State Council of Ministers #

• Ministers from different regions to enhance regional representation of the Council of Ministers.
• Representation of communities, caste, women, coalition
• Capability of Ministers to dealt with various tasks
• Age factor – young and dynamic personality along with adequate experience.
• He should be a good administer and decision maker
• Visionary and optimistic with futuristic attitude
• A non-corrupt and a high moral standards.

Nature of Ministerial Advice to the Governor in State Governance #

• Courts are prohibited from questioning the nature of advice given by ministers to the Governor.
  
• This provision underscores the close and confidential relationship between the Governor and the ministers.
  
• Indian courts are restricted from investigating the advice provided by ministers to the Governor. 

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What are the Constitutional Provisions and Administrative Dynamics of the State Council of Ministers? #

• The chief minister is appointed by the governor.
• Other ministers are appointed by the Governor based on the advice of the Chief Minister, indicating that the Governor can only appoint individuals recommended by the Chief Minister.
  
• Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha are mandated to have a tribal welfare minister.
  
• The 94th Amendment Act of 2006 exempted Bihar from the requirement of having a tribal welfare minister due to the absence of Scheduled Areas and a small population fraction of Scheduled Tribes.
  • The 94th Amendment Act also extended the aforementioned provision to the newly created states of Chhattisgarh and Jharkhand.
    
• Typically, members of the state legislature, whether in the legislative assembly or legislative council, are appointed as ministers.
  
• A minister who does not remain a member of the state legislature for six consecutive months ceases to hold office.
  
• A minister who is a member of one House of the state legislature has the privilege to speak and participate in the proceedings of the other House.
• However, voting rights are restricted to the House in which they hold membership.

State Council of Ministers: Oath, Transparency and Fiscal Regulations #

• Oath: Every new minister must take the Oath of Office and Secrecy before assuming office.
  
• The Governor of the State administers the oath to every new minister.
  
• According to the Second Administrative Reforms Commission (ARC), the “Oath of Secrecy” for ministers should be replaced with an “Oath of Transparency.”
  
• The salaries and allowances of ministers are determined by the state legislature.

How does the State Council of Ministers influence the governance structure and what part does it play in the dismissal of ministers? #

• In terms of dismissal, a minister serves at the pleasure of the Governor, which effectively reflects the consent of the Chief Minister.
• It is the Chief Minister who selects the members of his team. This power is given to the Chief Minister to uphold the Collective Responsibility in the legislature.
• No person shall be retained as a member of council, if the Chief Minister wants to dismiss a sitting member.
  • If he loses elections.
  • Cannot get elected or nominated (in case of Legislative Council) within 6 months.

Collective and Individual Responsibility in India’s State Council of Ministers  #

1. COLLECTIVE RESPONSIBILITY

• Principle of collective responsibility is the fundamental principle underlying the working of the Parliamentary system.
• Article 164: Council of ministers is collectively responsible to the legislative assembly of the state for all their acts of omission and commission.
• They work as a team and swim or sink together.
• If the Legislative Assembly passes a No-Confidence Motion against the council of ministers, all ministers, including those from the legislative council, must resign.
• The principle of collective responsibility implies that the cabinet decisions bind all cabinet ministers (and other ministers) even if they deferred in the cabinet meeting.

2. INDIVIDUAL RESPONSIBILITY

• Article 164 – also contains the principle of individual responsibility.
• The ministers hold office during the pleasure of the Governor.
• However, The Governor can dismiss a minister only upon the advice of the Chief Minister.

Legal Aspects of Indian Ministers: Roles, Accountability and State Council of Ministers #

• Unlike the British system, the Indian Constitution does not include provisions for legal responsibility of ministers.
• As at the Centre, there is no provision in the Constitution for the system of legal responsibility of the minister in the states.
• There is no requirement in India for a minister to countersign a Governor’s order for a public act.
  
• Courts are prohibited from investigating the advice given by ministers to the Governor.
  
• In contrast, in Britain, every order by the King for a public act must be countersigned by a minister. If such an order violates any law, the minister would bear responsibility and could be held accountable in court. 

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Composition and Roles of State Council of Ministers #

The State Council of Ministers consists of three categories of ministers –

1. CHIEF MINISTER
2. MINISTER CABINET
3. MINISTER OF STATE

• Cabinet: A Smaller Body called cabinet is the nucleus of the council of ministers.
  • It consists of only the cabinet ministers.The Cabinet holds the actual center of authority within the state government.
    
  • The Cabinet directs the operations of the state government.
    
  • It is the Cabinet, not the Council of Ministers, that provides advice to the Governor of the state.. 

How does a Compact Cabinet Enhance Governance Efficiency? #

• It is easier to build consensus among various stakeholders.
• More effective discussion and efficient time utilization
• Less burden on public exchequer – Economic efficiency
• More priority to secrecy
• More rational division of work – A larger Council of Ministers leads to a less efficient division of work, limiting diverse viewpoints and discussions.

What Are the Key Functions of the Cabinet in State Governance? #

• It is the highest decision making authority in the politico- administrative system of a state.
• It is the chief policy formulating body of the state
• It is the supreme executive authority of the state government.
• It is the chief coordinator of state administration.
• It is an advisory body to the governor.
• It is the chief crisis manager and thus deals with all emergency situations.
• It deals with all major legislative and financial matters.
• It exercises control over higher appointments like constitutional authorities and senior secretariat administrators.

Cabinet Committees: Decision-Making Dynamics in State Governance #

• The cabinet works through various committees called cabinet committees.
• They are of Two Types:
  1. Standing Committees – permanent nature
  2. Ad Hoc – temporary nature.
• Committees are established by the Chief Minister based on current needs and situational demands. Therefore, their number, names, and composition may change over time.
  
• These committees not only resolve issues and develop proposals for cabinet review but also make decisions independently.
• However, the cabinet can review their decisions.