State Council of Ministers

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Introduction

Article 163 of the Constitution provides that there shall be a Council of Ministers with the Chief Minister at the head to aid and advice the Governor in the exercise of his functions, except in so far as he is by or under the Constitution required to act in his discretion.

 

Constitutional Provisions

Article 163 says that there should be a Council of Ministers to aid and advice the Governor.

It says that there shall be a council of Ministers with the Chief Minister at the head to aid and advice 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

 

Article 164 related to the other provisions as to Ministers.

It says that the chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor, provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of Tribal Welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.

Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy.

A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.

The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.

 

Article 166, on the conduct of business of the Government of a State.

All executive action of the Government of a State shall be expressed to be taken in the name of the Governor. Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order which is so authenticated shall not be called in question on the ground that it is not made or executed by the Governor.

The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers in so far as it is not business with respect to which the Governor is required to act in his discretion.

 

Article 167, on the duties of Chief Minister as respects the furnishing of information to Governor.

It shall be the duty of the Chief Minister of each State to communicate to the Governor of the State all decisions of the council of Ministers relating to the administration of the affairs of the State and proposals for legislation.

He shall furnish information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for and if the Governor so requires, submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister.

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