Essays on the organizations and functions of state council of ministers

The Governor is the constitutional executive head of the state. The executive is the council of ministers, which is simply cabinet Government on the British Pattern.

In theory the council of ministers exists to aid and advise the Governor, but having regard to the theory of the Constitution, the Governor has in practice to act on the advice of the council of Ministers.

The council of ministers is the chief Executive body. It formulates policies, initiates legislation and co-ordinates the work of the various agencies of the Government. It guides, directs and controls the public administration and implements the policies of the state assisted by the bureaucracy.

The quality of the state administration is largely conditioned by the leadership and direction provided by the ministers. Public confidence in the impartiality, competence and fair play of the administration is mainly a product of the public image projected by the ministers and the standards of integrity and efficiency set by them, membership of the ministry, therefore, is a much coveted position and most politicians aspire for it.

This aspiration is a legitimate ambition of politicians, the fulfillment of which is considered as their crowning achievement.

Organization:

The Governor appoints the Chief Minister and on the advice of the Chief Minister he appoints the other ministers. The Chief Minister, however, is not as free to select his team as the convention would have us believe There are several constraints like political pressures, demands of different interest for representation, existence of factions, etc. which restrict the freedom of his choice.

The ministers hold office during the pleasure of the Governor. The ministers are collectively responsible on the legislative Assembly of the state just as the Central Ministers are responsible to the Lok Sabha. The Governor administers the oath of office to each minister before he enters upon his office.

The Governor can appoint minister a person who is not a member of the state legislature at the time of the appointment. But such a minister should become a member of the Legislature within six months after entering upon his office.

The council of minister is collectively responsible to the Legislative Assembly. This means that every member of the council of ministers accepts responsibility for every decision of the cabinet. If a minister is unable to accept responsibility the only alternative left for him is to resign, as there is collective responsibility.

The size of the state council of ministers has not been specified in the constitution. It has been left to the discretion of the Chief Minister who determines it according to the exigencies of time usually, in the states where no single political party enjoys a clear cut majority.

Chief Ministers have to go for large ministries to win the support of the various sections and interest groups. They have to provide berths to several troubles. Shooters and potential defectors to ensure the stability of the ministry. On the other hand, in states, under single party rule not facing party defections, the size of the Ministry is rather small.

The constitution does not specify the salaries of the council’ of ministers. If merely lays down “the salaries and allowances of ministers shall be such as the legislature of the state may from time to time by law determine and, until the legislature of the state so determines shall be as, specified in the second schedule.

The salaries of the members of the council of ministers have since been specified by the legislatures of the various states and very from state to state further these salaries keep on changing within the same state from time to time.

The council of ministers consists of all the different categories of Ministers of the Government of state. At present, there are three such categories viz. Cabinet Ministers. Ministers of State and Deputy Ministers of these the Cabinet Ministers by themselves form a separate body called the Cabinet which, in fact is the nucleus of the council of ministers.

The cabinet is composed of the senior most ministers who were not departmental chiefs but whose responsibilities transuded departmental boundaries into the entire field of the administration. It is naturally a smaller body and the most powerful body in the Government.

Functions:

The Minister is the political head of the department, whose administrative head is the secretary who is a career civil servant. Ordinarily matters pertaining to a department are dealt with by the minister in-charge. But all important cases are required to be brought before the cabinet for decision.

It is open to the Governor to direct that a particular case on which orders have been passed by an individual minister should be placed before the cabinet.

Generally speaking the following categories of cases are required to be submitted to the cabinet for its decisions

(i) proposals for appointment or removal of the advocate general and relating to his remuneration.

(ii) proposals to summon prorogue or dissolve the legislature.

(iii) proposals for legislation including issue of an ordinance.

(iv) cases in which the attitude of Government to any resolution or bill to be moved in the legislature is to be determined.

(v) proposals relating to rules regulating recruitment and conditions of service of Government servants, including judicial officers.

(vi) the annual financial statements to be laid before the legislature and demands for supplementary additional or excess grants.

(vii) report of the state public service commission and action proposed to be taken with reference thereto.

(viii) proposals for imposition of new taxation or changes in taxation.

(ix) annual audit review of the state finances are report of the Public Accountants Committee.

(x) proposals involving important changes in policy or practice or in the administrative system.

(xi) reports of committee of inquiry and

(xii) proposals for creation of posts on maximum salary exceeding Rs. 1.000 per month.

The functioning of the ministries in the various states show that in many states the size of the ministries are too big, judged by all standards of administrative requirements. In a number of cases the leader chosen is not the best in the party.

Leaders nominated by the central party High Command do not have a political base in state politics. Instances abound where the ministers of coalition govts, have spoken in different voices.

In many cases considerations in the matter of ministers have been influenced by demands of defecting members, communal and regional claims and undeserved personal ambitions. Ministers are often found to abuse their powers for personal and party ends. Ministers developed to verities and exercised under influence on service personnel.

The constitution does not specify the size of the council of ministers or the ranking of ministers. This varies from state to state depending upon the population, areas, other special features and above all, the local political conditions.

But the council of ministers has of late been expanding in all the states irrespective of the administrative needs in order to accommodate communal and regional claims and satisfy personal ambitions. A compact and competent council of ministers is the pre-requisite of purposeful Government in the states.