State Council of Ministers

In India, the State Council of Ministers operates similarly to the national structure, following the parliamentary system of government. The Chief Minister heads this council, functioning as the real executive authority within the state, supported by ministers. While the Constitution doesn’t extensively define the principles of this system, two specific articles outline its foundational elements: Article 163 on the council’s status and Article 164 on the appointment and functioning of ministers.

Learning Outcomes:

1. Understand the constitutional provisions related to the State Council of Ministers.
2. Grasp the roles and responsibilities of the Chief Minister and other ministers.
3. Recognize the collective and individual responsibility within the Council of Ministers.
4. Identify the procedures for appointment, removal, and salaries of ministers.

Constitutional Provisions

The Constitution outlines the functioning of the Council of Ministers in states through several articles. These provisions lay down the general structure, powers, and responsibilities.

Article 163 – Council of Ministers to Aid and Advise Governor

1. There must be a Council of Ministers headed by the Chief Minister to aid and advise the Governor, except in discretionary matters.
2. The Governor’s decision regarding discretionary powers is final, and such actions cannot be questioned in court.
3. The advice provided by ministers to the Governor cannot be inquired into by any court.

Article 164 – Other Provisions as to Ministers

1. The Chief Minister is appointed by the Governor, and the other ministers are appointed on the Chief Minister’s advice. However, certain states like Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha must have a Minister for Tribal Welfare.
2. The council cannot exceed 15% of the total legislative assembly’s strength, and it cannot be fewer than 12 ministers.
3. Any legislator disqualified under the anti-defection law is also disqualified from being a minister.
4. Ministers serve at the pleasure of the Governor.
5. The Council of Ministers holds collective responsibility to the state legislative assembly.
6. The Governor administers the oath of office and secrecy to ministers.
7. Ministers who are not part of the legislature for six months cease to be ministers.
8. The salaries and allowances of ministers are determined by the state legislature.

Article 166 – Conduct of Business of the Government of a State

1. All executive actions of the state must be in the name of the Governor.
2. Orders made in the Governor’s name must be authenticated as per rules set by the Governor.
3. The Governor will create rules for efficient transaction of government business.

Article 167 – Duties of the Chief Minister

1. The Chief Minister must communicate all decisions of the Council of Ministers to the Governor.
2. Provide information on state affairs as requested by the Governor.
3. Submit matters for reconsideration to the Council of Ministers if required by the Governor.

Article 177 – Rights of Ministers in the Legislature
Ministers have the right to participate in legislative discussions and committees but cannot vote unless they are members of the legislative house.

Important Note: The Council of Ministers functions under a system of collective responsibility. Any cabinet decision binds all ministers, and if any minister disagrees, resignation is the only option.

Nature of Advice by Ministers

Article 163 emphasizes that the Council of Ministers advises the Governor in all matters except those involving the Governor’s discretion. This ensures the Governor acts based on ministerial advice, and such decisions cannot be challenged in court. The Supreme Court has reinforced this by ruling that the Council of Ministers must continue to advise the Governor even after legislative assembly dissolution or ministry resignation, ensuring continuity until a successor takes charge.

Appointment of Ministers

The Chief Minister is appointed by the Governor, and other ministers follow based on the Chief Minister’s recommendations. A notable requirement is that states like Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha must appoint a Minister for Tribal Welfare.

A minister, if not part of the state legislature, must secure a seat within six months or cease to be a minister. Ministers can speak in either house of the legislature but vote only in the one where they hold membership.

Oath and Salary of Ministers

Before assuming office, ministers take an oath of office and secrecy, pledging to:

1. Uphold the Constitution of India.
2. Preserve India’s sovereignty.
3. Discharge their duties faithfully and conscientiously.
4. Ensure justice to all without fear or bias.

The State Legislature determines their salaries and allowances, which include compensation for their legislative role, a sumptuary allowance, free accommodation, and other benefits.

Responsibility of Ministers

Collective Responsibility
The Council of Ministers operates on the principle of collective responsibility as stated in Article 164. The ministers are collectively accountable to the state legislature, implying they act as a unified body. A no-confidence motion against the Council results in the resignation of all ministers. Alternatively, the Council may advise the Governor to dissolve the legislative assembly.

Important Concept: Cabinet decisions are binding on all ministers, regardless of their personal opinions during deliberations. If a minister disagrees, resignation is mandatory.

Individual Responsibility
Ministers also hold individual responsibility, meaning they serve at the Governor’s pleasure. However, removal requires the Chief Minister’s recommendation. This allows the Chief Minister to ensure the Council operates smoothly and maintains the rule of collective responsibility.

No Legal Responsibility
Unlike at the Centre, ministers in states have no legal responsibility. There is no requirement for a Governor’s order to be countersigned by a minister, and the advice provided to the Governor is beyond judicial scrutiny.

Composition of the Council of Ministers

The Constitution does not specify the size or ranking of the Council of Ministers, leaving these to the Chief Minister’s discretion. However, the Council typically consists of Cabinet Ministers, Ministers of State, and Deputy Ministers, with distinctions in rank and political influence.

Cabinet Ministers lead important departments such as Home, Education, and Finance. They are central to the state’s governance and make up the Cabinet, the core decision-making body. Ministers of State may hold independent charge or assist Cabinet Ministers, while Deputy Ministers are subordinate, assisting with administrative tasks but without independent charge.

The Cabinet
The Cabinet is the nucleus of the Council of Ministers and plays the most significant role in decision-making. Its functions include:

1. Being the highest decision-making authority.
2. Formulating state policy.
3. Exercising supreme executive authority.
4. Coordinating state administration.
5. Advising the Governor.
6. Managing crises.
7. Handling legislative and financial matters.
8. Controlling key appointments.

Cabinet Committees
The Cabinet operates through committees, categorized as standing or ad hoc. These committees, formed by the Chief Minister, handle specific tasks, with standing committees being permanent and ad hoc committees being temporary.

Comparison of Key Articles

Important Note: The Governor has discretionary powers in certain situations, but these are limited, and the advice of the Council of Ministers holds significant weight.

MCQ for Understanding

Which Article provides for the collective responsibility of the Council of Ministers in states?

a) Article 163
b) Article 164
c) Article 166
d) Article 167

Correct Answer: b) Article 164