The State Council of Ministers (CoM), led by the Chief Minister (CM), is the real executive authority in a state, operating under a parliamentary system.
I. Constitutional Basis:
- Article 163: CoM aids & advises the Governor (except for discretionary functions).
- Article 164:
- CM appointed by Governor; other Ministers by Governor on CM's advice.
- CoM is collectively responsible to the State Legislative Assembly.
- Ministers hold office during the Governor's pleasure (on CM's advice).
- Non-legislator Minister must become a legislator within 6 months.
II. Size (91st Amendment Act, 2003):
- Maximum: Not exceed 15% of the total strength of the State Legislative Assembly (including CM).
- Minimum: Not less than 12 ministers (including CM).
III. Categories of Ministers:
- Cabinet Ministers: Senior, head major departments, form the "Cabinet" (core decision-making body).
- Ministers of State (MoS): Can have independent charge or assist Cabinet Ministers.
- Deputy Ministers: Junior, assist senior ministers.
IV. Key Responsibilities:
- Collective Responsibility: CoM is jointly accountable to the Legislative Assembly. If no-confidence motion passes, entire CoM resigns.
- Individual Responsibility: Ministers serve at the Governor's pleasure (effectively, CM's advice). CM can ask for resignation or recommend dismissal.
V. Functions:
- Policy Formulation & Implementation: Primary role of the state government.
- Administrative Control: Oversee state departments.
- Legislative Role: Prepare bills, manage legislative agenda, advise Governor on House matters.
- Financial Management: Prepare state budget.
- Advisory to Governor: Aid and advise on constitutional functions.
VI. Cabinet vs. Council of Ministers:
- Council of Ministers: Broader body, all categories of ministers. Constitutional body.
- Cabinet: Smaller, inner core of Cabinet Ministers. The effective power center, makes all major policy decisions. (Term added by 44th Amendment in Art 352).
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polity