The Council Of Ministers Of State
The real executive authority of the State is vested in the Council of Ministers.
Appointment
The members of the Council of Ministers are appointed by the Governor. First of all, the Governor appoints the Chief Minister and then appoints other ministers on the advice of the Chief Minister. A person to be eligible for appointment as a member of the Council of Ministers must be a member of either house of the State legislature. But a non-member can also be appointed as a member of the Council of Ministers. However, such a member must find a seat for himself within six months in either of the two houses of the State legislature (where there is a bicameral legislature) and in the Legislative Assembly where there is a unicameral legislature.
Term:
There is no fixed term for the Council of Ministers. The members of the Council hold office during the pleasure of the Governor. This gives the impression that they can be removed from their office by the Governor at his will. This is however not true because the Council of Ministers is collectively responsible to the State Legislative Assembly and stays in office as long as it enjoys its confidence and support.
The Constitutional Status of Council of Ministers of State:
Though the Constitution envisages the State on the pattern of the Council of Ministers at the Centre, yet the two differ fundamentally from each other. Article 163 (i) of the Constitution provides “There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his function, except in so far as he is by or under this Constitution required to exercise his functions, or any of them in his discretion.” Whereas the President is not permitted to act in his discretion and has to act according to the advice of the Council of Ministers, the Governor can exercise some of his functions at his own discretion.
Powers and Functions of Council of Ministers
The Power and Functions of the Council of Ministers can be grouped under the following heads: ‘
1. Executive Powers:
It formulates the policy of the Government and implements the same. Each member of the Council of Ministers is in charge of some department and is responsible for its efficient functioning.
2. Legislative Powers:
It determines the time-table and business of the state legislature. Most of the important bills are introduced in the legislature by the Council of Ministers. , Financial Powers: It formulates the State budget and submits the same to the Legislative Assembly for its approval. The Council of Ministers also presents supplementary demands for grants whenever necessary.
3. Administrative Powers:
It exercises control and supervision over the general administration of the state and coordinates the important activities of the Government. Formulation and Implementation of Plans: Finally, the Council of Ministers plays an important role in the preparation and implementation of the Five Year Plans.
It submits plans for proper utilization of the resources and energies of the State to the Planning Commission. After these are approved by the Planning Commission, the Council of Ministers tries to implement the same.
According to the 91st Constitutional Amendment Act (2003)
The total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed 15% of the total strength of the legislative assembly of that state. But, the number of ministers, including the chief minister, in a state shall not be less than 12. A member of either House of state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.