● The Governor assumes the role of the nominal executive, embodying
the de jure executive authority. In this capacity, the Governor stands
as the head of the state. However, it's crucial to recognize that this
position primarily holds a symbolic and constitutional significance.
● In stark contrast, the Chief Minister serves as the real executive,
holding the de facto executive authority. As the head of the
government, the Chief Minister wields actual decision-making power
and is actively involved in the day-to-day administration of the state.
● Analogy: Governor is the head of the state; Chief Minister is the head
of the government.
Appointment of Chief Minister
● Appointment Authority: As per Article 164, the governor holds the
authority to appoint the Chief Minister.
● Convention: The customary practice involves the governor appointing
the leader of the majority party in the state legislative assembly as the
Chief Minister.
● Discretionary Power: The governor may exercise discretion in
situations where no party commands a clear majority.
● Exceptional Circumstances: In cases of no clear majority, the
governor has the option to appoint the leader of the largest party or
coalition and subsequently call for a vote of confidence.
Sarkaria Commission
● The Sarkaria Commission on Centre-State Relations
(1983-88) provided key recommendations for the selection
and appointment of a Chief Minister. The guidelines
emphasize principles to be followed by the Governor in
choosing a Chief Minister, especially in scenarios where a
single party doesn't have an absolute majority in the
Legislative Assembly.
● Governor's Role
● Choose Chief Minister based on the party or
coalition with the broadest support in the Legislative
Assembly.
● Governor ensures government formation without
influencing policies.
● Appointment Criteria
● If a single party has an absolute majority, its
leaderautomatically becomes Chief Minister.
● In the absence of a majority:
● Prefer alliance formed before elections.
● Largest single party with support.
● Post-electoral coalition with all partners in
government.
● Post-electoral alliance with some forming the
government and others supporting externally.
● Vote of Confidence
● Chief Minister, unless leading a majority party, seeks
a vote of confidence within 30 days.
● Resolution of Rival Claims
● Governor doesn't independently decide rival claims;
they are tested on the Legislative Assembly floor.
Oath, Term, and Salary
● Oath: Allegiance to the Constitution, upholding sovereignty,
and discharging duties faithfully.
● Term: Holds office at the pleasure of the governor. But the
governor cannot dismiss the officeholder as long as they
have majority support in the legislative assembly. However, if
the individual loses assembly confidence, resignation is
mandatory, or the governor can dismiss them.
● Salary: Determined by state legislature.
Powers and Functions
● In Relation to Council of Ministers:
● Ministerial Appointments: The Chief Minister
recommends ministers to the governor, reflecting
their leadership in the ruling party.
● Portfolio Allocation: The Chief Minister reshuffles
portfolios, optimizing the government's efficiency.
● Control Over Resignations:Authority over
ministerial resignations or dismissals ensures the
Chief Minister's influence.
● Presiding Over Council Meetings: The Chief
Minister chairs meetings, guiding decisions and
strategies.
● Coordination of Ministerial Activities: The Chief
Minister guides and coordinates ministerial activities
for a cohesive administration.
● Resignation of Chief Minister dissolves council of
ministers.
● In Relation to Governor:
● Communication Channel: The Chief Minister acts
as the main intermediary between the state
government and the governor.
● Advisory Role in Appointments: The Chief Minister
advises the governor on key official appointments,
influencing administrative matters.
● In Relation to State Legislature:
● Legislative Advice: The Chief Minister advises on
legislative sessions and dissolution, ensuring
coordination between the executive and legislative
branches.
● Other Powers and Functions:
● Chairman of State Planning Board.
● Vice-chairman of relevant zonal council.
● Member of Inter-State Council and NITI Aayog.
● Chief spokesman, crisis manager during
emergencies.
Relationship with Governor (Constitutional Provisions)
● Chief Minister heads the council of ministers. and the
council of ministers is collectively responsible to the
legislative assembly.
● Articles 163, 164, and 167 define the collaborative
relationship between the governor and the Chief Minister.
● Article 163: Council of Ministers to aid and advise
Governor
● There shall be a council of ministers with the Chief
Minister as the head to aid and advise the governor.
● The Chief Minister is the chairperson of this council.
● The council aids the governor in the exercise of their
functions, except those exercised at their discretion.
● Article 164:
● Appointment of Chief Minister:
● The Chief Minister is appointed by the
governor.
● Other ministers are appointed by the governor
on the advice of the Chief Minister.
● Tenure and Pleasure:
● Ministers hold office during the pleasure of the
governor.
● The council of ministers is collectively
responsible to the legislative assembly of the
state.
● Article 167: Duties of the Chief Minister
● Communication to the Governor:
● The Chief Minister has a duty to
communicate to the governor all decisions of
the council of ministers related to the
administration of the state's affairs and
proposals for legislation.
● Furnishing Information:
● The Chief Minister is required to furnish
information related to the administration of
state affairs and proposals for legislation
when requestedby the governor.
● Submission of Matters:
● If the governor requires, the Chief Minister
must submit for the consideration of the
council of ministers any matter on which a
decision has been taken by a minister but not
yet considered by the council.
