State – Council Of Ministers

Indian Polity

Chapter 20: State – Council Of Ministers

Council of Ministers:

  • Article 163: The Council of Ministers is headed by the Chief Minister to aid and advice the Governor in the exercise of his functions.
  • Article 164: The Council of Ministers is collectively responsible to the state legislative assembly.

Appointment:

  • The ministers are appointed by the Governor on the advice of the Chief Minister.
  • The person to be appointed as the Minister must be a member of either of the houses of the State Legislature.
  • If a person who is not a member of either of the houses of the state legislature is appointed as a minister he should become a member of either of the houses with in a period of six months.
  • Even a nominated member of either of the houses of the state legislature can be appointed as a minister.

Oath:

  • Oath of office and secrecy is administered by the Governor.

Salary:

  • The salary and other allowances are determined by the state legislature.

Resignation:

  • A Minister is individually responsible to the Governor.
  • A Minister submits the resignation to the Governor.
  • The Governor accepts the resignation only on the advice of the Chief Minister. Removal:
  • A minister is removed by the Governor on the advice of the Chief Minister.

Strength:

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  • The total number of Ministers including Chief Minister should not exceed 15 percent of the strength of the state legislative assembly.
  • But, the number of Ministers including the Chief Minister in a state shall not be less than 12. (Article 164 (1A)).
  • The restriction was imposed through the 91st amendment of 2003.
  • Accordingly Article 164 was amended.
  • Through the same amendment Article 75 was also amended to restrict the strength of the Council of Ministers at the Central to 15 percent of the Lok Sabha.

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