State Council of Ministers Notes

State Council of Ministers

Objectives

The objectives are:

• Understanding the composition of the Council of Ministers at the State level.

• Understanding the distinction between the Council of Ministers and the Cabinet.

• Understanding the principles of the Cabinet.

• Understanding the functions of the Cabinet.

Introduction

• Article 163(1) of the Indian Constitution establishes a Council of Ministers to aid and advise the Governor of the State, who exercises functions based on this advice.

• The Chief Minister heads the Council of Ministers, acting as the chief executive at the State level.

Composition of Council of Ministers

There are three types of ministers:

1. Cabinet Ministers:

   • Senior-most and most important ministers.

   • Typically senior members of the ruling party/parties.

   • Head important ministries like Home, Industry, and Finance.

   • Generally, one Cabinet Minister per ministry.

2. Ministers of State:

   • Second-level ministers.

   • May be given independent charge of a ministry or attached to a Cabinet Minister.

   • With independent charge can attend cabinet meetings if the agenda concerns their ministry.

3. Deputy Ministers:

   • Junior-most ministers.

   • Do not have independent charge.

   • Work under a Cabinet Minister or Minister of State.

Formation of the Council of Ministers

• The Governor appoints the Chief Minister, who then forms the Council of Ministers.

• This formation involves:

  • Consultations with party leadership and supporting parties.

  • Ensuring representation from different supporting parties in coalition governments.

  • Understanding among parties regarding the number of ministers each party can have.

  • Ensuring representation from different geographical areas, regions, religions, communities, and other societal strata.

  • Giving importance to senior party members with loyalty and devotion.

  • Selecting members and allocating portfolios based on experience and expertise for improved governance.

• The Chief Minister generally has a free hand, but this is often restricted in coalition governments.

Size of the Council of Ministers

• As per the 91st Constitutional Amendment, the maximum strength of the Council of Ministers at the Union and State levels cannot exceed $15$ percent of the Legislative Assembly's strength.

• In no case should it be less than 12, including the Chief Minister.

• This amendment came into force on January 1, 2004.

Qualifications

To become a member of the Council of Ministers, one must possess the following qualifications:

1. Citizenship of India.

2. Membership in either House of the State Legislature (Vidhan Parishad or Vidhan Sabha). If not a member, must get elected within six months of becoming a minister.

3. Not holding any office or profit under the Government of India or any State government.

4. Above 25 years of age if a member of the Vidhan Sabha/Legislative Assembly; above 30 years if a member of the Vidhan Parishad/Legislative Council.

5. Possession of all other qualifications prescribed.

Term

• The term of the Council of Ministers is generally co-terminus with the State Legislative Assembly/Vidhan Sabha as long as it enjoys the confidence of the Lower House.

• The Vidhan Sabha's regular term is five years, which the Council of Ministers typically enjoys.

• Article 164(1) states that ministers hold office during the Governor's pleasure and are collectively responsible to the Legislative Assembly.

Council of Ministers and the Cabinet

• The term "cabinet" was not originally in the Indian Constitution.

• It was introduced via the 44th Constitutional Amendment Act of 1978.

• Article 352 states that the President can proclaim an emergency only on the Cabinet's written advice.

Distinction between Council of Ministers and the Cabinet

Principles of the Cabinet System

The following are the principles of the Cabinet System:

1. Principle of Collective Responsibility:

   • The Cabinet is collectively responsible to the Vidhan Sabha/Legislative Assembly.

   • Ministers remain in office as long as they enjoy the confidence of the House.

   • According to Article 164(2), the Council of Ministers is collectively responsible to the Legislative Assembly.

2. Principle of Individual Responsibility:

   • Each minister is individually responsible for their work to the State Legislature.

   • The Governor of the State can dismiss a minister on the Chief Minister's advice, as per Article 164(1).

   • A minister holds office at the pleasure of the Governor.

3. Principle of Intra-Cabinet Responsibility:

   • Once the Cabinet has taken a decision, all ministers are required to support and defend it, inside and outside the State Legislature.

   • If a minister disagrees, they must resign.

4. Governor Stays out of the Cabinet:

   • The Governor is the constitutional head, while the Council of Ministers, headed by the Chief Minister, is the real head.

   • The Governor does not attend Cabinet/Council of Ministers meetings.

5. Chief Minister is the Leader:

   • Article 163(1) states there is to be a Council of Ministers headed by the Chief Minister to aid and advise the State’s Governor.

   • The Chief Minister composes the Council/Cabinet, distributes portfolios, reshuffles portfolios, removes a minister, resolves differences, and presides over meetings.

6. Secrecy of Proceedings:

   • All ministers must keep Cabinet discussions and decisions confidential; they cannot disclose information to anyone.

   • This is ensured through the oath of secrecy.

7. principle of homogeneity- the notion that all members of the Cabinet should collectively share in the same level of confidentiality to maintain unity and trust within the decision-making process.

8. the link between executive and legislature- the State Council of Ministers serves as a crucial mechanism, facilitating coherent policy formulation and execution while also ensuring that legislative intentions are effectively translated into actionable government strategies.

Functions of the Cabinet

1. Policy-Making:

   • Cabinet Ministers make all the policies at the State level, including economic, industrial, public health, education, etc.

   • Respective ministers frame the policies, which are then placed in cabinet meetings.

   • Ministers discuss and finalize the policies.

   • They implement these policies after the approval of the State Legislature.

2. Control over Executive:

   • Cabinet Ministers head various ministries and run the administration.

   • They oversee major administrative activities.

   • Ministers of State and Deputy Ministers aid and assist them.

3. Legislative Functions:

   • Introducing and getting bills passed in the legislature ensures smooth administration.

   • The Cabinet collectively considers legislative matters and introduces bills in the State Legislature.

   • Ministers also answer questions from MLAs related to the bills and ensure bills are passed in the houses of the State Legislature.

4. Financial Functions:

   • The Minister of Finance prepares the budget (Annual Financial Statement) as per the Cabinet's directions.

   • The Cabinet influences decisions about taxes, expenditure patterns, and other financial matters.

   • They defend financial decisions during budget discussions.

5. Appointments of Important Functionaries:

   • Major appointments, including Ministers, the Chairman of the State Public Service Commission, the State Election Commission, and the State Finance Commission, are made by the Governor on the Cabinet's advice.

6. Coordination Function:

   • Cabinet ministers head important ministries.

   • They play a vital role in drafting and introducing legislative bills.

   • They look after the appointments of significant functionaries and ensure socio-economic development.

   • One of the Cabinet’s essential functions is to coordinate and steer the functions of the State government and its ministries and departments.

   • Inter-ministry conflicts, differences, duplication, and overlapping of activities are also looked into and resolved by the Chief Minister or during cabinet meetings.

Conclusion

• The Council of Ministers, headed by the Chief Minister, is the real chief executive.

• It consists of Cabinet Ministers, Ministers of State, and Deputy Ministers.

• The Council/Cabinet is collectively responsible to the State Legislative Assembly and individually responsible to the Governor.