State Executive - Part 6
Chief Minister:
The Chief Minister is the head of the Government.
• 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 t h e 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.
Appointment of Chief Minister:
• The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
• Article 164 only says that the Chief Minister shall be appointed by the governor.
• However, this does not imply that the governor is free to appoint any one as the Chief Minister.
• In accordance with the convection of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
• But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister.
• In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask him to seek a vote of confidence in the House within a month.
• The governor may have to exercise his individual judgement in the selection and appointed of the Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor.
• However, on the death of a Chief Minister, the ruling party usually elects a new leader and the governor has no choice but to appoint him as Chief Minister.
• The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister.
• The governor may first appoint him as the Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable period. This is what has been done in a number of cases.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister
• According to the Constitution, the Chief Minister may be a member of any of the two Houses of a state legislature.
• Usually Chief Ministers have been selected from the Lower House (legislative assembly), but, on a number of occasions, a member of the Upper House (legislative council) has also been appointed as Chief Minister.
Powers and Functions of Chief Minister:
1. The formation of Ministry
2. Allocation of Port folios
3. The cabinet meeting is held under the chairmanship of the chief minister.
4. Acts as a link between the Governor and State Legislature.
5. As head of the Cabinet, they can summon or postpone its meetings
6. Acts as an advisor to the Governor with regard to nominations to many posts.
The State Legislature and Legislative Council:
• Articles 168 to 212 in Part VI of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers and so on of the state legislature.
• Though these are similar to that of Parliament, there are some differences as well , but here we deal with only organization and composition only.
• The State Legislature comprises of the Governor and the two Houses namely, the Upper House and the Lower House.
• The Upper House consists of the Legislative Council and the Lower House consists of the Legislative Assembly.
• Bihar, Karnataka, Maharashtra, Uttar Pradesh and Jammu and Kashmir follow a bicameral legislature while rest of the states follow a unicameral legislature.
• The State Legislature consists of not let than 50 but not more than 500 members.
• They appoint a Deputy Speaker amongst themselves who acts as the Speaker of the Assembly.
• Madhya Pradesh continues to have one House only.
• Assam and Rajasthan passed resolution from their respective states under Article 169.
How it works:
• The twenty-two states have unicameral system. Here, the state legislature consists of the governor and the legislative assembly.
• In the states having bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly.
• The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha) is the lower house abolition or creation of legislative councils in states.
• Accordingly, the create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.
• This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (ie, by simple majority).
Organization of State Legislature:
• No uniformity in the organization of state legislatures
• Most of the states have an unicameral system, while others have a bicameral system.
• At present (2015), only seven states have two Houses (bicameral). These are Andhra Pradesh, Uttar Pradesh, Bihar, Maharashtra, Karnataka , Jammu and Kashmir and Telangana
• The twenty-four states have unicameral system.
• Here, the state legislature consists of the governor and the legislative assembly.
• In the states having bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly.
• The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha) is the lower house (first chamber or popular house).
Abolition or creation of legislative councils in states:
• Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect.
• a specific resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.
• This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (ie, by simple majority).
• 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 t h e 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.
Appointment of Chief Minister:
• The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
• Article 164 only says that the Chief Minister shall be appointed by the governor.
• However, this does not imply that the governor is free to appoint any one as the Chief Minister.
• In accordance with the convection of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
• But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister.
• In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask him to seek a vote of confidence in the House within a month.
• The governor may have to exercise his individual judgement in the selection and appointed of the Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor.
• However, on the death of a Chief Minister, the ruling party usually elects a new leader and the governor has no choice but to appoint him as Chief Minister.
• The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister.
• The governor may first appoint him as the Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable period. This is what has been done in a number of cases.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister
• According to the Constitution, the Chief Minister may be a member of any of the two Houses of a state legislature.
• Usually Chief Ministers have been selected from the Lower House (legislative assembly), but, on a number of occasions, a member of the Upper House (legislative council) has also been appointed as Chief Minister.
Powers and Functions of Chief Minister:
1. The formation of Ministry
2. Allocation of Port folios
3. The cabinet meeting is held under the chairmanship of the chief minister.
4. Acts as a link between the Governor and State Legislature.
5. As head of the Cabinet, they can summon or postpone its meetings
6. Acts as an advisor to the Governor with regard to nominations to many posts.
The State Legislature and Legislative Council:
• Articles 168 to 212 in Part VI of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers and so on of the state legislature.
• Though these are similar to that of Parliament, there are some differences as well , but here we deal with only organization and composition only.
• The State Legislature comprises of the Governor and the two Houses namely, the Upper House and the Lower House.
• The Upper House consists of the Legislative Council and the Lower House consists of the Legislative Assembly.
• Bihar, Karnataka, Maharashtra, Uttar Pradesh and Jammu and Kashmir follow a bicameral legislature while rest of the states follow a unicameral legislature.
• The State Legislature consists of not let than 50 but not more than 500 members.
• They appoint a Deputy Speaker amongst themselves who acts as the Speaker of the Assembly.
• Madhya Pradesh continues to have one House only.
• Assam and Rajasthan passed resolution from their respective states under Article 169.
How it works:
• The twenty-two states have unicameral system. Here, the state legislature consists of the governor and the legislative assembly.
• In the states having bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly.
• The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha) is the lower house abolition or creation of legislative councils in states.
• Accordingly, the create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.
• This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (ie, by simple majority).
Organization of State Legislature:
• No uniformity in the organization of state legislatures
• Most of the states have an unicameral system, while others have a bicameral system.
• At present (2015), only seven states have two Houses (bicameral). These are Andhra Pradesh, Uttar Pradesh, Bihar, Maharashtra, Karnataka , Jammu and Kashmir and Telangana
• The twenty-four states have unicameral system.
• Here, the state legislature consists of the governor and the legislative assembly.
• In the states having bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly.
• The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha) is the lower house (first chamber or popular house).
Abolition or creation of legislative councils in states:
• Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect.
• a specific resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.
• This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (ie, by simple majority).
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