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Similar to the Prime Minister, provisions of any minister’s appointment are not presented in the Indian Constitution, the Chief Minister’s nomination details are not presented in the Constitution. By Article 164 in the Indian Constitution, the chief minister is appointed by a nominal executive (governor). Still, the Governor cannot nominate any random individual as the Chief Minister but must follow a condition. Only a party leader that has got the maximum share of votes in the assembly elections is nominated as the Chief Minister of the State.
Appointment of a Chief Minister
When no party gets upheld in the elections, the Governor uses his preference and consequently nominates a chief minister.
In such a case where none of the parties has won the maximum votes, the nominal executive appoints the individual of the largest number of members in a party or one from the alliance (if it occurs) as the Chief Minister. Then he is provided appropriate time to verify assurance in the house.
If the representative dies in office, the Governor of his choice can nominate a Chief Minister. However, the ruling party nominates a representative, and the Governor usually nominates that person as the head of the state government. This individual then has to prove confidence within a specific amount of time.
. Nonetheless, within six months of their term as a chief minister, he should be elected to either house, without which he discontinues being ahead of the state government.
The De facto executive (chief minister) can fit into any house in the State Legislature.
Since, according to the legislation, the CM is nominated by the nominal executive, the swearing-in is performed before the governor of the state.
The Main Purpose of the Chief Minister
The CM of the State executes tasks for the various sectors of people:
The Council of Ministers
The Governor
The State Legislature
Besides that, he further conducts the following functions:
He regulates the State Planning Board.
The Chief Minister is a vice-chairperson of the concerned zonal administration by process, handling that department for one year at a time.
He is a national development council and inter-state council unit, which the Prime Minister directs.
About the Council of Ministers
The real executive of the administration (CM) is the main head of the state government and council of ministers. He performs the following functions:
He suggests to the nominal executive who appoints other ministers.
He establishes or reshuffles the portfolios of the officials.
He can ask a minister for resignation.
All actions of the ministers are directed and regulated by the head of the state government.
The de facto executive directs the Meeting of the council of ministers.
If the CM resigns, the entire council of ministers falls.
The Chief Minister and the Nominal Executive
About the nominal executive (Governor), the Chief Minister executes the following functions:
All the actions, opinions that are adopted by the council of ministers are conveyed to the Governor by the CM
To state the Governor, data about the administrative events if and when inquired by the Governor.
If any official has opted for any case, it has to be reported to the Governor by the CM when the council has not assessed the same.
The chief minister gives his recommendation to the Governor for the nomination of the following persons:
Advocate-General.
Chairman of the state public service commission.
The state election commission, and many more.
The Chief Minister and the State Legislature
He is the administrator of the house, and taking this position, he executes the following functions:
Before a nominal executive prorogues and summons the state legislature sessions, the CMs opinion is a must.
The Legislative Assembly can be discontinued on his advice to the Governor at any moment.
CM declares all administration policies on the floor of the house.
Conclusion
The chief minister’s tenure can last for the assembly’s existence, an utmost of five years. There are no limits to the number of tenures that the de facto executive can serve. A CM heads a state government’s council officials and can be deputized by a deputy CM. The real executive(chief minister) mainly selects the chief secretary and can also assign divisions as per their need to the cabinet ministers of their minister of State and their State. They also authorize the chief secretary to suspend, transfer or encourage officials of their State.
