In the scheme of parliamentary system of government provided by the Constitution, the governor is the nominal executive authority (de jure executive) and the Chief Minister is the real
executive authority (de facto executive).
In other words, the governor is the head of the state while the Chief Minister is the head of the government. Thus the position of the Chief Minister at the state level is analogous to the position of prime minister at the Centre.
Selection and Appointment of Chief Minister:
- The Governor appoints the Chief Minister, following Article 164 of the Constitution.
- Conventionally, the Governor appoints the leader of the majority party in the state legislative assembly as the Chief Minister.
- In situations where no party has a clear majority, the Governor uses their discretion to appoint the leader of the largest party or coalition and may ask the Chief Minister to seek a vote of confidence in the House within a specified period.
Eligibility and Oath of Office:
- The Chief Minister may be a member of either house of the state legislature (legislative assembly or legislative council).
- A person who is not a member of the state legislature can be appointed Chief Minister for a maximum of six months, within which time they must be elected to the state legislature; otherwise, they cease to be the Chief Minister.
- The Governor administers the oaths of office and secrecy to the Chief Minister.
Tenure and Accountability:
- The term of the Chief Minister is not fixed and is held during the pleasure of the Governor.
- The Chief Minister cannot be dismissed at the Governor’s pleasure unless they lose the confidence of the legislative assembly.
- If the Chief Minister loses the confidence of the assembly, they must resign, or the Governor can dismiss them.
Responsibilities and Duties:
- As the head of the state government, the Chief Minister is responsible for the functioning of the state’s executive branch.
- The Chief Minister plays a crucial role in formulating policies, making decisions, and overseeing the implementation of government initiatives.
- The Chief Minister advises the Governor on matters concerning the administration of the state and communicates regularly with the Governor.
In sum, the Chief Minister is the central figure in the state government, and their appointment, responsibilities, and tenure are essential components of the state’s parliamentary system. The Governor’s role is to act on the advice of the Chief Minister, except in cases where they must use their discretion as outlined by the Constitution and established conventions.
Power and Functions of Chief Minister
Chief Minister : Relationship with Governor (1)
Articles : Chief Minister
