Chief Minister (India)
A Chief Minister is the elected head of a state or union territory. According to the constitution, the governor of a state is the constitutional head (de jure head) of the state. However, the real power is vested in the chief minister i.e. de facto powers rest to him/her.
APPOINTMENT OF Chief Minister
There is no special provision in the constitution regarding the appointment of the Chief Minister. However, the Chief Minister is appointed by the Governor (Article 164 (1)).
The GENERAL process of selection of Chief Minister:
- Needs to be elected as a Member of the Legislative Assembly (MLA) in a state or union territory.
- After securing a majority in legislative assembly the most prominent MLA is usually chosen as the Chief Minister.
- Finally, the governor appoints him/her as the Chief Minister of the state.
Oath of Office: The Chief Minister must take an oath to uphold the Constitution, and perform duties faithfully. This oath is administered by the Governor.
After becoming Chief Minister, he/she forms the state cabinet. Ministers in the various departments are appointed.
Term of the office of Chief Minister
The term of a Chief Minister is normally five years.
The term of the legislative assembly is five years.
A new Chief Minister may be chosen by fresh elections if –
- lose a ‘no-confidence motion’ in the legislative assembly
- if the assembly is dissolved for other reasons.
Eligibility for Chief Minister
To become a Chief Minister of a state, the following eligibility or conditions are required.
- Must be an Indian citizen.
- Must be a member of the State Legislature.
- If he/she is not a member of the legislature, must be a member within 6 months.
- Must be at least 25 years of age.
Roll and Function of a Chief Minister
- Chief Minister is the Leader of the Legislative Assembly.
- Chief Minister is the leader of the state cabinet.
- Chief Minister is the leader of the majority party.
- He/She is also a Chief Advisor to the Governor.
The role of the Chief Minister is defined by Articles 163, 164, and 167.
- Article 163: Council of Ministers to Aid and Advise the Governor
- Article 164: Other Provisions as to Ministers
- Article 167: Duties of Chief Minister as to the furnishing of information to the Governor, etc.
In short, the Chief Minister has a number of important functions, including:
- Appointing and dismissing the other members of the state cabinet.
- Advising the Governor on the appointment of judges to the high court.
- Presents state budget to the assembly.
- Maintaining law and order in the state.
- Representing the state at the national level.
- Might appoint a new finance minister.
Salary of Chief Minister
The salaries and allowances of the Chief Minister and other Ministers will be fixed by the concerned State Legislative Assembly as per Article 164. In other words, the salary of the Chief Minister varies according to the state.
Removal of CM
- The no-confidence motion against the Chief Minister should be passed in the state assembly.
- In order to bring a no-confidence motion, it is necessary to get the signatures of 2/3 of the members of the opposition.
- Subject to the Governor’s permission, the no-confidence motion against the Chief Minister should be passed in the Legislative Assembly and therefore the Chief Minister, as well as other ministers, could be removed from their posts.
Download Chief Minister Notes GK
Notes: Parliament of India
Notes: Attorney General of India
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