Nature of Advice by Ministers
Article 163 in the Constitution says that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.
If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion
The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
Appointment of Ministers
The procedure for the formation of the Council of Ministers at the state level is the same as in the case of the Union Council of Ministers. After each general election, the party or the group which secures majority in the State Legislative Assembly elects its leader. The Governor then summons him to form the ministry.
In other words, the leader of the majority in the State Legislative Assembly is appointed as the Chief Minister who selects his team of ministers. He submits the list to the Governor who formally appoints them as ministers. Normally, all ministers are taken from the members of the state legislature.
However, the Chief Minister can appoint even a non-member of the Assembly as a minister. But such a person has to secure a seat in the state legislature within a period of six months from the date of his appointment as minister. In case he fails to do so, he has to resign his ministership.
The strength of the State Council of Ministers cannot be more than 15% of the strength of State Legislative Assembly.
Oath and Salary
Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose.
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.