Oath of Chief Ministers and other council of ministers in karnataka.
1.Background
Indian federalism emphasizes the parliamentary system of government not only at centre but also in states Governor – Nominal executive (de jure executive) Chief Minister – Real Executive (de facto executive).
The Governor is the head of the state while the Chief Minister is the head of the government.
Appointment of Chief Minister:
There is no specific procedure in the constitution for the selection and appointment of the Chief Minister Article 164 states that the Chief Minister shall be appointed by the governor
Governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister discretion of governor applies in case of hung assembly
Constitution does not require that a person to prove his majority in the legislative assembly before he is appointed as the Chief, but after appointment chief minister undergoes floor test Any 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
In case of bicameral legislature the chief minister can be member of any house of the state legislative assembly (lower house or the upper house )
Oath
Before entering the office as the chief minister the governor administers to him the oath of office and secrecy.
Term
The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor but governor can’t remove him in his discretion unless and until the chief minister enjoys the majority in the house
Powers and functions of Chief Minister
The activities of all ministers are coordinated, guided and controlled by the chief minister.
The meetings of the council of ministers are presided by him
He influences the decision of the council of ministers.
He can ask the governor to dismiss any minister or he can ask a minister to resign.
If the chief minister resigns that the government also collapses.
He is the channel of communication between the council of ministers and the governor.
The government policies are announced by him in the floor of the house.
He advices the governor to summon the sessions of the state legislature.
Chairman of the state planning board
Member of the Inter State Council and the National Development Council both headed by the prime minister.
Vice chairman of the concerned zonal council by rotation.
Crisis manager in chief at political level during emergencies.
3.Chief minister and Governor
Chief minister is the channel of communication between the Governor and council of ministers.
Chief minister advises the governor with regard to the appointment of important Officials like state election commissioners, advocate general etc.
4. Constitutional Provisions related to Chief Minister
Article 163 - Council of Ministers to aid and advise Governor
Article 164 - Other provisions as to Ministers
Article 166 - Conduct of business of the Government of a State
Article 167 - Duties of Chief Minister as respects the furnishing of information to Governor, etc.
1.png)
