Question

Explain the following about chief minister :-
A) Appointment of Chief Minister
B) Oath, term and salary of Chief Minister

Answer 1

$\boxed{\boxed{ \large \sf \red{CHIEF \: MINISTER}}}$

• The governor is the nominal executive authority (de jure executive) and the Chief Minister is the real executive authority (de facto executive).

• In other words, the governor is the head of the state while the Chief Minister is the head of the government.

• Thus the position of the Chief Minister at the state level is analogous to the position of prime minister at the Centre.

$\sf \red{Appointment \: of \: Chief \: Minister : }$

• The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.

• Article 164 only says that the Chief Minister shall be appointed by the governor.

• However, this does not imply that the governor is free to appoint any one as the Chief Minister.

• In accordance with the convections of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.

• But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister.

• In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask himto seek a vote of confidence in the House within a month.

• The governor may have to exercise his individual judgement in the selection and appointed of the Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor.

• However, on the death of a Chief Minister, the ruling party usually elects a new leader and the governor has no choice but to appoint him as ChiefMinister.

• The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister.

• The governor may first appoint him as the Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable period. This is what has been done in a number of cases.

• A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister.

• According to the Constitution, the Chief Minister may be a member of any of the two Houses of a state legislature.

• Usually Chief Ministers have been selected from the Lower House (legislative assembly), but, on a number of occasions, a member of the Upper House (legislative council) has also been appointed as Chief Minister.

$\sf \red{ Oath, \: term \: and \: salary : }$

The governor administers to him the oaths of office and secrecy. In his oath of office, the Chief Minister swears

⭐ to bear true faith and allegiance to the Constitution of India,

⭐ to uphold the sovereignty and integrity of India,

⭐ to faithfully and conscientiously discharge the duties of his office, and

⭐ to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.

• The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor. However, this does not mean that the governor can dismiss him at any time. He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.

• But, if he loses the confidence of the assembly, he must resign or the governor can dismiss him.

• The salary and allowances of the Chief Minister are determined by the state legislature. In addition to the salary and allowances, which are payable to a member of the state legislature, he gets a sumptuary allowance, free accommodation, travelling allowance, medical facilities, etc.

Answer 2

Appointment :-

• The constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.

• Article 164 says only that CM shall be appointment by the Governor.

• This does not imply that the Governor is free to appoint any one as the Chief Minister.

• Governor has to appoint the leader of the majority party in the State Legislative assembly as the Chief Minister.

When No party has a clear Majority in Assembly :-

Governor usually appoints the leader of the largest party or a coalition in the Assembly as the Chief Minister and ask him to seek a vote of confidence in the house within a month.

There is also one more situation when the Governor may have to exercise his individual judgement in the selection and appointment of the Chief Minister, that is, when the CM in office dies suddenly.

However, if on the death of an incumbent Chief Minister, the ruling Party elects a new leader, the Governor has no choice but to appoint him as CM.

The Constitution does not require that a person must prove his majority in the Assembly before a person is appointed as the CM.

The Governor may first appoint the CM and ask him to Prove his Majority in the Assembly within a reasonable period.

A Person who is not a member of the State legislature can be appointed as Chief minister for six months , within which he should be elected to the state Legislature, failing which he ceases to be the Chief Minister.

According to the constitution the Chief Minister may be a Member of any of the two houses of a state legislature.

Usually Chief Minister have been selected from the Lower House (Legislative assembly), but , on a number of Occasions, a member of the upper house (Legislative Council) Has also been appointed as Chief Minister.

Oath :-

1. To bear truth faith and allegiance to the constitution of India.

2. To uphold the sovereignty and integrity of India.

3. To faithfully and conscientiously discharge the duties of his office.

4. To do right to all manner of People in accordance with the Constitution and the Law, without fear of Favour, affection or ill will.

In his Oath of Secrecy , the Chief minister swears that he will not directly or indirectly communicate or reveal to any Person any matter that is brought under his considerations or become known to him as a State Minister except as May be required for the due discharge of his duties as such minister.

Term :-

• The term of Chief minister is not fixed and he hold office During the pleasure of the Governor.

• However this does not mean that the Governor can dismiss the Chief Minister at any time.

• So long as the Chief Minister enjoys the majority Support in the Legislative Assembly, he cannot be dismissed by the Governor.

• However if he loses the confidence of the Assembly, he must resign or the Governor can dismiss him.

Salary and Allowances :-

• The Salary and allowances of the Chief Minister are Determined by the State legislature.

• Additionally, he gets a Free Accomodation,

Travelling allowance , Medical Facilities etc.