Brief Notes on the Appointment, Powers and Functions of the Chief Minister (India)

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The Chief Minister is the head of the Council of Ministers. In State actually it is the Chief Minister who runs the administration in the name of Governor.

Appointment:

The Chief Minister is appointed by the Governor of the State. He elects the leader of the majority party of the Legislative Assembly. In case no party commands absolute majority in the Legislative Assembly of the State or the majority party fails to elect its leader, the Governor can use some discretion in appointing the Chief Minister provided the Chief Minister could gain the majority of confidence.

Powers and Functions of the Chief Minister

1. The Chief Minister forms the Cabinet. After his appointment he prepares a list of Ministers and the Governor makes the appointment.

2. The Chief Minister distribute the department among the ministers. He looks after the work of other ministers. He has right to change the department of ministers at his will and wish.

3. The ministers remain in office during the pleasure of the Chief Minister. The Governor cannot remove any minister from office of his own accord. The Chief Minister can ask any minister to resign if he is not happy with his work. He can make a change in his Council of Ministers whenever he likes. The resignation of the Chief Minister means the resignation of the entire cabinet.

4. The Governor cannot participate in the meetings of the Cabinet. The Chief Minister calls the meetings of the Cabinet and presides over its meetings. He also prepares and controls the agenda for cabinet meetings.

5. The Chief Minister informs the Governor regarding all the decisions taken by the Cabinet. The Council of Ministers takes the advice of the Governor through the Chief Minister. No Minister can discuss any problems with the Governor without the prior permission of the Chief Minister. Every information regarding the working of States administration is drawn by the Governor through me Chief Minister.

6. The Chief Minister is also the leader of the legislature. He is the leader of the legislative assembly because his party commands majority in the legislature. The legislature generally acts under the guidance of the Chief Minister. No law can be framed without the will of the Chief Minister. During emergency also the legislature performs its functions according to the instructions of the Chief Minister.

7. The Chief Minister is the principal advisor of the Governor. He takes the advice of the Chief Minister on all the issue. The Governor makes all the important appointments in the State on the advice of the Chief Minister. The Chifef Minister gives every information to the Governor regarding the State administration.


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