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.
• In India – the System of Council of Ministers is codified and mentioned in the Indian Constitution.

In S.R. Chauhan vs State of Punjab (2001), Supreme Court held that a non-member cannot be re-appointed without being elected. However, a Non-member can also become a part of the council of ministers for a maximum of 6 months.

• As the Constitution of India provides for a Parliamentary system of government in the states on the Union pattern, the Council of Ministers headed by the Chief Minister is the real (De-facto) executive authority is our politico-administrative system of state.
• The council of ministers in the states is constituted and functions in the same way as the council of ministers at the Centre.
• The principles of the Parliamentary system of government are not provided in detail in the Constitution. However two Articles i.e. 163 and 164 in Part VI dealt with them in a broad, sketchy and general manner.
• Every Minister is responsible for the acts of the officers of his department. He has to answer questions regarding the affair of his department in the Assembly.
• Council of Ministers rarely meets so the driving wheel of the government is the Cabinet.

Article 163 deals with the status of the council of ministers while Article 164 deals with the appointment, tenure, responsibility, qualifications, oath and salaries and allowances of the 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 – Consist of Governor, Chief Minister, State Council of Ministers and Advocate General of State.

India has 28 States and 9 Union Territories according to the Gazette of India 2019 which has been implemented from 31 October, 2019. There can be 31 Chief Ministers in India, 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 to aid and advise the GOVERNOR in the exercise of his functions, except in so far as he is required to exercise his functions in his 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.

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 the council of ministers in a state shall not exceed 15 percent of the total strength of the legislative assembly of that state.
• However, the number of ministers, including the chief minister, in a state shall not be less than 12.
• A member of either House of state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed 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

• The nature of advice tendered by ministers to the GOVERNOR cannot be enquired by any court.
• This provision emphasizes the intimate and the confidential relationship between the governor and the ministers.

The Indian courts are barred from inquiring into the nature of advice rendered by the ministers to the Governor. 

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

• The chief minister is appointed by the governor.
• The other ministers are appointed by the governor on the advice of the chief minister, which implies that the governor can appoint only those persons as ministers who are recommended by the chief minister.
• There should be a tribal welfare minister in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.

The 94th Amendment Act of 2006 freed Bihar from the obligation of having a tribal welfare minister as there are no Scheduled Areas in Bihar now and the fraction of population of the Scheduled Tribes is very small.

The same Amendment also extended the above provision to the newly formed states of Chhattisgarh and Jharkhand.

• Usually, the members of the state legislature, either the legislative assembly or the legislative council, are appointed as ministers.
• A minister who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister.
• A minister who is a member of one House of the state legislature has the right to speak and to take part in the proceedings of the other House. But, he can vote only in the House of which he is a member.

State Council of Ministers: Oath, Transparency and Fiscal Regulations

Oath: Every new minister has to undertake the Oath of Office and Secrecy before entering into his office.

The oath to every new minister is administered by the Governor of State.

“Oath of Secrecy” of ministers should be replace by “Oath of Transparency” – Second ARC

• Salary: The salaries and allowances of ministers shall be 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?

• A Minister holds office during the pleasure of the Governor. Actually this pleasure is 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.
• 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.
• When the Legislative Assembly passes a No – Confidence Motion against the council of ministers, all the ministers have to resign including those ministers who are from the legislative council.
• 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 remove a minister only on the advice of the Chief Minister.

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

• Unlike Britain, in India there is no provision for the system of legal responsibility of a minister mentioned in the constitution.
• As at the Centre, there is no provision in the Constitution for the system of legal responsibility of the minister in the states.
• It is not required that an order of the governor for a public act should be countersigned by a minister.
• Moreover, the courts are barred from enquiring into the nature of advice rendered by the ministers to the Governor.

In Britain, every order of the King for any public act needs to be countersigned by a minister. If the order is in violation of any law, the minister would be held responsible and would be liable in the court. 

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. It is the real centre of authority in the state government. It is the steering wheel of the state government.

It is the Cabinet and not the Council of Ministers who advises 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 – Large size Council of Ministers ties up too many tongues and less viewpoint is available.

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.
• They are set up by the Chief Minister according to the exigencies of the time and requirements of the situation. Hence, their number, nomenclature and composition varies from time to time.
• They not only sort out issues and formulate proposals for the consideration of the cabinet but also take decisions.
• However, the cabinet can review their decisions.

DOWNLOAD PDF