In the vast tapestry of Indian governance, the State Council of Ministers emerges as a pivotal cog, embodying the essence of democratic governance at the state level. For aspirants preparing for the Union Public Service Commission (UPSC) examinations, comprehending the intricacies of the State Council of Ministers holds profound significance.
The Constitution of India establishes a Parliamentary system of government in the states, mirroring the Union pattern, where the Council of Ministers led by the Chief Minister functions as the practical executive authority within our politico-administrative framework. The formation and operation of the state Council of Ministers closely resemble those of the central government. Although the Constitution provides only broad guidelines on the principles of the Parliamentary system, Articles 163 and 164 in Part VI outline its basic framework.
Under this system, every minister is accountable for the actions of officials within their department and must address queries related to their department in the Assembly. While the Council of Ministers convenes infrequently, the Cabinet typically serves as the primary driving force behind government decisions.
Constitutional Provision
Appointment
The Chief Minister is appointed by the Governor, while other Ministers are appointed by the Governor based on the Chief Minister’s advice. The Chief Minister has the sole authority to form the Ministry, selecting Ministers at their discretion, and judicial intervention in this process or the allocation of ministries is not permissible.
Ministers serve at the pleasure of the Governor and collectively bear responsibility to the State Legislative Assembly.
Before assuming office, a Minister takes oaths of office and secrecy administered by the Governor, following the prescribed forms outlined in the Third Schedule. The salaries and allowances of Ministers are determined by the State Legislature through legislation, as specified in the Second Schedule until such determination is made.
Non-Member as Minister
The presence of a Legislative Assembly is not a prerequisite for the swearing-in of the Council of Ministers under Article 164(1). Additionally, it is not mandatory for the Chief Minister or a Minister to be a member of the State Legislature. In the case of Ashok Pandey vs Mayawati, it was established that Article 164(4) does not prohibit the appointment of a non-member of the State Legislature, who is a member of a Union Parliament house, as a Minister or Chief Minister in the State Council of Ministers.
However, Clause (4) of Article 164 stipulates that a Minister who is not a member of the State Legislature for six consecutive months will cease to hold office as a Minister at the end of that period. A non-member who fails to secure election within six consecutive months cannot be re-appointed as a Minister. The Supreme Court, drawing from the English, Canadian, and Australian systems, emphasized that repeatedly appointing a non-member as a Minister would undermine the fundamental principle of representative and responsible government.
Qualification
- If an individual is not a member of the state legislature at the time of their appointment as a minister, they are required to become one within six months.
- To serve in the state legislature, certain requirements must be met:
(a) Citizenship of India.
(b) Demonstrated genuine trust in and dedication to the Indian Constitution.
(c) For the legislative council, a minimum age of 30 years is required.
(d) For the legislative assembly, the individual must be at least 25 years old.
Composition and Roles of State Council of Ministers
The State Council of Ministers comprises three categories of ministers:
- Chief Minister
- Cabinet Ministers
- Ministers of State
The Cabinet, a smaller body within the council of ministers, consists exclusively of cabinet ministers. Serving as the nucleus of authority in the state government, it is the primary decision-making body and holds significant influence over governance. The Cabinet, rather than the entire Council of Ministers, provides advice to the Governor of the state.
Functions of Council of Minister
- The Cabinet holds the highest decision-making authority within the state’s politico-administrative system.
- It serves as the primary body for formulating policies at the state level.
- As the supreme executive authority of the state government, the Cabinet oversees all administrative functions.
- The Cabinet serves as the chief coordinator of state administration.
- It functions as an advisory body to the governor.
- In times of crisis, the Cabinet acts as the chief manager, addressing emergency situations.
- The Cabinet handles major legislative and financial affairs.
- It exercises control over significant appointments, including constitutional authorities and senior secretariat administrators.
Responsibility of Council of Minister
Collective Responsibility
- The principle of collective responsibility is fundamental to the functioning of the Parliamentary system.
- According to Article 164, the Council of Ministers is collectively responsible to the state legislative assembly for all their actions.
- They function as a cohesive team, sharing success or failure together.
- If the Legislative Assembly passes a No-Confidence Motion against the Council of Ministers, all ministers, including those from the legislative council, must resign.
- Under the principle of collective responsibility, cabinet decisions are binding on all cabinet ministers and other ministers, regardless of any dissent expressed during cabinet meetings.
Individual Responsibility
- Article 164 also includes the principle of individual responsibility.
- Ministers serve at the discretion of the Governor.
- However, the Governor can only dismiss a minister based on the advice of the Chief Minister.
Other responsibility
- Unlike Britain, India’s constitution does not include provisions for the legal responsibility system of ministers.
- Similarly, at the state level, there are no constitutional provisions for the legal responsibility system of ministers.
- There is no requirement for a minister to countersign a governor’s order for a public act.
- Courts are prohibited from scrutinizing the advice provided by ministers to the Governor.
Also read about office Governor and Chief Minister.