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The Chief Minister: Appointment, Power, Function and Position

Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

The Chief Minister: Appointment, Power, Function and Position:

Context:

Janata Dal (United) president Nitish Kumar has been elected leader of the National Democratic Alliance (NDA) legislature party in Bihar. He will now take oath as Chief Minister of the State for the fourth consecutive term.

Appointment:

The Chief Minister is appointed by the governor.

  • 164 of the Constitution provides that there shall be a Council of Ministers with the Chief Minister at its hand to aid and advise the governor.

Who can be a Chief Minister?

After general election to the State Legislative Assembly, the party or coalition group which secures majority in this House, elects its leader and communicates his name to the Governor. The Governor then formally appoints him as the Chief Minister and asks him to form his Council of Ministers.

  • When no party gets a clear majority in the State Legislative Assembly, the Governor normally asks the leader of the single largest party to form the government.

Tenure:

Theoretically, the Chief Minister holds office during the pleasure of the Governor. However, in actual practice the Chief Minister remains in office so long as he continues to be the leader of the majority in the State Legislative Assembly.

  • The Governor can dismiss him in case he loses his majority support.
  • The State Legislative Assembly can also remove him by passing a vote of no-confidence against him.

Powers and Functions of the Chief Minister:

  • To Aid and Advice the Governor.
  • The Chief Minister is at the Head of the Council of Ministers.
  • He is the Leader of the House.
  • He has to communicate to the Governor all the decisions of the council of ministers relating to the administration of the states.
  • All the policies are announced by him on the floor of the house.
  • He recommends dissolution of legislative assembly to the Governor.
  • He advises the Governor regarding summoning, proroguing the sessions of State Legislative Assembly from time to time.

InstaLinks:

Prelims Link:

  1. Who can be a Chief Minister?
  2. Role of Governor in appointing a Chief Minister.
  3. Council of Ministers.
  4. Powers.
  5. Functions.
  6. Tenure.

Mains Link:

Discuss the roles and functions of a Chief Minister.

Sources: the Hindu.