Chief Minister is the de facto executive (real executive authority) of the state government apart from Governor who is de jure executive (nominal executive authority). It implies, a chief minister is the head of the government and a governor is the head of the state. The position of a Chief Minister is analogous to the position of PM at the state level.
There is no specific procedure for the appointment of CM as mentioned in the constitution of India. But the article 164 gives the authority to the governor to appoint a CM for the state. The governor fulfills this duty by appointing the leader of the majority party in the state legislative assembly for this profile. However, the governor may exercise his personal discretion in the selection and appointment of the Chief Minister in case there is no single majority.
OATH AND TERM OF OFFICE
The Chief Ministers takes the oath of office and secrecy administered by the governor before entering into his office and holding all the responsibilities. He takes the oath as:
- To bear true faith and allegiance to the Constitution of India,
- To uphold the sovereignty and integrity of India,
- To faithfully and conscientiously discharge the duties of his office, and
- To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.
The term of a CM is not fixed and she/he holds the office as long as she/he gets the majority support. In case, there is lack of confidence then she/he has to resign by writing to the governor or the governor can herself/himself dismiss her/him.
POWERS AND FUNCTIONS OF CHIEF MINISTER
The powers and functions of the Chief Minister are as follows:
With respect to Council of Ministers
The Chief Minister holds the following powers as head of the state council of ministers:
Only those persons can be appointed as ministers by the governor as recommended by the CM.
- He has the power of allocating and reshuffling the portfolios.
- He is the presiding officer in the meetings of council of ministers.
- He coordinates and controls all the activities of ministers.
- The Chief Minister on being head of the council of ministers can bring about collapse by directly resigning or in case of her/his demise.
With respect to the Governor
The Chief Minister holds the following powers with respect to the governor:
- He holds the responsibility of being the key channel of communication between the council of ministers and the governor.
- His advise is the utmost important for the governor during appointment of important officials such as advocate general, chairman and members of the state public service commission, state election commissioner, and many more.
With respect to State Legislature
The Chief Minister holds the following powers as the leader of the house:
- He advises the governor with regard to the summoning and proroguing of the sessions of the state legislature.
- He can recommend the dissolution of the legislative assembly to the governor at any time.
- He announces the government policies on the floor of the house.
Other Powers and Functions
Apart from powers as mentioned above, the Chief Minister also holds the following responsibilities:
- In case of emergencies, he is the crisis manager-in-chief at the political grounds.
- He acts as the political head of the services.
- He acts as the chairman of the State Planning Board.
- He acts as the chief spokesman of the state government.
Every state and union territory of India elects their Chief Ministers after every five years as the head of the government. Hence, it is the responsibility of the CM to take the state ahead in the path of development. She/he is the presiding officer of the meetings of council of ministers. She/he should always remember that the confidence of the public has provided her/him the position and hence, she/he should always work faithfully and fearlessly for people’s well-being.