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Duties of Chief Minister

Article 167 duties of chief minister, highlights the crucial role of a chief minister in the administration. The duties of the chief minister are held in relation to other parts of administration.

Introduction

The first step to the establishment of a ministry is the designation of a Chief Minister. The party leader with a maximum share of votes in the assembly elections is appointed as the Chief Minister of the state. The chief minister is referred to as the executive head of the state. The current post of CM is in the hands of Arvind Kejriwal. The role of the governor is to appoint the chief minister. Chief Minister is appointed for each state (28 states) and 2 union territories (currently Delhi and Puducherry). He is the powerful official of the state government. Article 164 of the constitution throws light on the role of the Governor in appointing the chief minister and the other ministers. The duties of chief minister are mentioned in Article 167 of the constitution.

The chief minister is to the state as the prime minister is to the centre. 

Duties of Chief Minister 

Article 167 of the Indian Constitution, states the vital responsibilities that a chief minister is ought to fulfil.

With regard to Governor

  • CM advises the Governor in affairs of the appointing of significant officers like advocate general, chairman and members of the State Public Service Commission, etc
  • Article 167 holds the responsibility of the chief minister to keep the governor acknowledged about the decisions related to administration and legislation furnished by the cabinet

Chief Minister’s Share of Power in regard with the Council of Ministers

The state legislative assembly is the collective duty of the council of ministers. The council of ministers includes ministers who are the heads of their respective ministries or department e.g. Ministry of Textile, Ministry of External Affairs, etc. The council of ministers is also referred to as Cabinet.

  • According to Article 164 of the Indian Constitution, ministers shall hold office during the pleasure of the Governor
  • The council of ministers acts as the reinforcement for the status of the chief minister
  • On the nod of the chief minister, the governor then appoints the ministers
  • Allotment and rearrangement of portfolios among the ministers is as per the will of the chief minister
  • During the assembly, it is the responsibility of the CM to guide and safeguard its council around any negotiations 
  • He plays a pivotal role in keeping a check on whether a decision made by the council is sound and lucid
  • The resignation or death of the CM leads to the automatic termination of the council of ministers
  • Amidst any air of disparity with a minister, he can advise the governor, regarding the removal of the minister
  • The political conditions prevailing in the state also decide the strength of the CM in regard to the Council of Ministers
  • The Chief minister’s position is reinforced if there is a state or regional party in action
  • A regional or state party, as the name suggests works solely in a particular region or state and doesn’t operate outside state boundaries
  • When there is an alliance between different political parties, a coalition is sought to take place, that is referred to as a coalition form of government
  • All the parties agree to come together and collaborate to run the government
  • But, this form of government can cause a downfall in the strength of the chief minister
  • In both the cases, the CM has to maintain equilibrium among the coalition or different segments of the party by finding a middle ground among them

With Regard to the Legislature

All the MLAs (members of legislative assembly) who assemble in the legislative assembly are called the Legislature. A legislature is formed by a governor and one house or two houses. The two houses are the legislative council also known as Vidhan Parishad & Legislative assembly also known as Vidhan Sabha. 

The composition of  Legislative Assembly/Vidhan Sabha of a state is maximum of 500 members and not a minimum of 60 members. Elections in territorial constituencies in the state lead to the selection of the legislative assembly. The Legislative Council/Vidhan Parishad of a state comprises a maximum of one-third of the total number of members in the legislative assembly of the state and  minimum of 40 members.

  • The chief minister accounts for the proposal of legislation to uphold government policies
  • Besides that, the Chief Minister makes statements, mediates debates thereby, keeping the assembly well informed regarding numerous activities 

With regard to Executive 

  • The secretariat headed by the chief secretary aids the chief minister in handling the administration of the state
  •  Approval of appointments for senior level posts like that of Secretaries, also at deputy level, HOD (head of department) and posts in the Public Sector, etc. are made by the chief minister
  • Their efficiency is evaluated by administrative agencies and CM’s own avenues that include party workers, grievances and others

Other Duties of Chief Minister

  • Chief spokesman of the state government
  • Member of Governing Council of NITI Aayog [the chairperson of NITI Aayog is the prime minister (PM) of India]
  • The governor can summon and prorogue legislative proceedings, on the advice of the chief minister
  • Member of the inter-state council
  • Being a state leader, the CM interacts with various strata of people to hear their grievances and thereby seek solutions for them
  • His position is as vital as the position of the prime minister at the centre
  • Serve as crisis manager at an hour of emergency
  • The position of chairman of the state planning board is headed by the chief minister

Conclusion

Article 167, the duties of the chief minister highlight the crucial functionary roles of a chief minister. Article 164- other provisions as to minister, envisages provisions to ministers such as appointment, tenure, duties, qualifications, oath, salaries and allowances.

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List other functions of the chief minister in relation to the state legislature?

Answer:  The governor can summon and prorogue legislative proceedings,...Read full