GS 2 – Polity
Constitutional Basis:
- The post of Chief Minister is mentioned under Articles 163 and 164 of the Indian Constitution.
- Though not explicitly called the “Executive Head,” the CM functions as the de facto head of the state government.
Appointment:
- The Governor appoints the Chief Minister.
- By convention, the leader of the majority party (or coalition) in the Legislative Assembly is invited to form the government.
- If no clear majority, the Governor may use discretion to appoint the CM and ask them to prove majority on the floor.
Tenure:
- The CM holds office during the pleasure of the Governor, but in practice, as long as they enjoy majority support in the Legislative Assembly.
- The Constitution does not prescribe a fixed term.
Oath and Salary:
- Administered oath of office and secrecy by the Governor.
- Salary and allowances are determined by the respective State Legislature.
Powers and Functions:
- Executive Powers:
- Real Executive Authority of the state; the Governor is only the nominal head.
- Allocates portfolios among ministers and can recommend their appointment or dismissal.
- Chairs meetings of the Council of Ministers and guides its agenda.
- Legislative Role:
- Advises the Governor on summoning and dissolving the Legislative Assembly.
- Plays a crucial role in the formulation and presentation of government policies.
- Leads the government during discussions, especially on confidence motions, bills, and budget.
- Role in Centre-State Relations:
- Acts as the main link between the State and the Centre.
- Participates in inter-state councils, NITI Aayog meetings, and other consultative bodies.
- Crisis & Emergency Role:
- Plays a key role in disaster management, law and order, and implementation of central directives.
Removal:
- Can be removed if:
- Loses majority support in the Assembly.
- Resigns voluntarily.
- The legislative assembly is dissolved.
- Disqualified under anti-defection or other constitutional provisions.
Important Judicial Observations:
- S.R. Bommai Case (1994): The CM must enjoy majority support; the floor of the House is the only test for this.
- Nabam Rebia Case (2016): Governor cannot dismiss the CM as long as they enjoy majority in the Assembly.