Discuss the Power and Functions of the Chief Minister of your State.
Ans.
Introduction:
Due to the parliamentary system of government, states also have a council of ministers which is the actual executive. The Council of Ministers occupies an important position in the Indian federal system of governance. Just as there is a Prime Minister and other ministers at the federal level, states also have a Chief Minister and other ministers. Articles 163 and 164 of the Indian Constitution state that there shall be a Council of Ministers with the Chief Minister as its head to aid and advise the Governor in the exercise of his functions.
The Chief Minister is the head of his Council of Ministers. The entire council of ministers is his cabinet. According to the constitution, the Chief Minister is appointed by the Governor, but in practice, the reality is quite different. The Governor appoints as Chief Minister the leader of the majority party in the legislative assembly. However, if no single party gets a clear majority in the legislative assembly, the leader of the party with the highest number of members is made the Chief Minister. In such a situation, a coalition ministry can also be formed. Recently, such coalition ministries were formed in Kerala, Bihar, and Uttar Pradesh.
The Chief Minister of a state has the same powers, functions, and position as the Prime Minister at the federal level. He is the real executive head of the state. The progress of the state depends on his efficiency and capability. The responsibility that the Prime Minister has towards the nation, the Chief Minister has the same responsibility towards the state. He is the pillar of the state administration.
Powers and Functions:
Although the constitution only states that there shall be a Council of Ministers headed by a Chief Minister to aid and advise the Governor in the exercise of his functions, this should not be construed to mean that the position of Chief Minister is unimportant. In reality, he is the political executive.
The powers of the Chief Minister can be classified under the following heads:
1. Chief Minister and Governor:
Both the Governor and Chief Minister have an important place in the administration of a state. Although according to the constitution the Governor appoints the Chief Minister and his colleagues, this is not the case in practice. Even for the appointment of the Chief Minister, he is not independent. The Governor can only appoint as Chief Minister the leader of the majority party. As far as the appointment of other ministers is concerned, in practice the Chief Minister prepares the list of ministers and presents it to the Governor for approval. The Governor generally does not make changes to the list of ministers presented by the Chief Minister. If the Governor does not want a particular minister but the Chief Minister is adamant about including him, the Governor will have to keep that minister. The Governor can give his opinion about a minister to the Chief Minister but cannot force him. Thus, in effect, the maker of the Council of Ministers is the Chief Minister, not the Governor. The Chief Minister serves as the link between the state and the Council of Ministers. As per the constitution, the Governor can ask the Chief Minister for information regarding administration. It is the duty of the Chief Minister to keep the Governor informed about administrative matters.
2. Chief Minister and Council of Ministers:
It is an undisputed truth that the Chief Minister himself creates his council of ministers. The question arises whether the Chief Minister can act arbitrarily in the formation of the council of ministers? In principle, he can do so, but in practice, he cannot. There are many restrictions on him. He cannot reject a person whom most members of his party want. The Chief Minister has to listen to the advice of senior leaders of his party. He cannot ignore important people in the party. Additionally, while organizing the cabinet, the Chief Minister also has to consider representation from different geographical regions and communities of the state.
The Chief Minister allocates departments amongst his colleagues and decides the level of each minister. He can assign any department to any minister. He himself calls the meetings of the cabinet. He also presides over the meetings. He can take decisions on issues unilaterally. If a minister does not agree with his decision, he has no option but to resign. Against the wishes of the Chief Minister, no one can continue in office even for a day. If the Chief Minister wants a particular minister to resign and if he does not do so, the Chief Minister himself will resign. As a result, the entire Council of Ministers will dissolve. Since he is the leader of the majority party, the Governor will again invite him to take up the responsibility of forming a new cabinet, and while organizing the new council, the Chief Minister will not include that minister.
All the ministers of the cabinet dance to the Chief Minister's tune. If there are any disagreements between ministers of different departments, the Chief Minister resolves them. If a particular minister faces any difficulties, he takes the Chief Minister's advice on the issue. Thus, the Chief Minister is also the creator, guardian, and destroyer of the Council of Ministers.
3. Chief Minister and Legislature:
To become Chief Minister, one has to be a member of the legislature. No Chief Minister can continue in office without the confidence of the Legislative Assembly. Due to party discipline, no one can raise their voice against the Chief Minister. But in states where the cabinet consists of many parties in a coalition, the Chief Minister has to work according to the wishes of members of other parties.
The Chief Minister is the leader of his party in the legislature. In this capacity, he is also the leader of the House. He decides the schedule and agenda of the legislative assembly. He makes announcements regarding important government policies in the legislature. Whether or not to accept proposals of the opposition depends on his will. Since he is the leader of the majority party, any bill he wants gets passed by the legislature. In effect, the Chief Minister reigns supreme on the stage of the legislature. No one equals him.
Chief Minister and Political Party:
At the state level, the Chief Minister is the leader of his party. The party president may be someone else but the leader of the legislative party can only be him. The Chief Minister calls meetings of the party and decides programs related to the party.
The Chief Minister is the actual executive of his state. Although according to the constitution the Governor is the formal executive head, due to the parliamentary system, the leader of the majority party, the Chief Minister, becomes the real executive head. He shoulders the entire responsibility of administering the state. He periodically inspects administrative work. By organizing meetings at different places, and giving speeches, he explains his policies to the people. Thus, in front of the entire state, the Chief Minister is an all-powerful and important person over the Governor, Cabinet, and Political Party.