09 Jan State Council of Ministers

State Council of Ministers

This article covers “Daily Current Affairs for the UPSC examination” and the topic is about ‘The state council of ministers’ which is in the news, it covers the “Indian polity” In GS-2, and the following content has relevance for UPSC. 

For prelims: Federalism, Separation of power

For mains: GS-2, Indian polity

Why in news: In addition to appointing six legislators as Chief Parliamentary Secretaries, Himachal Pradesh’s Chief Minister increased the size of his cabinet by adding seven MLAs as ministers (CPS).

Constitutional provisions of the State Council Ministers

• Part VI of the Constitution deals with the States or the second half of Indian federalism.
• Articles 152-237 cover a variety of state-related rules. It includes the state’s legislative, judicial, and executive bodies.
• Articles 163–164 of the Constitution of States deal with the Council of Ministers (CoM).
• According to Article 163, the Council of Ministers assists and advises the Governor. Similar to central ministerial councils are state councils of ministers.
• The state council is under the direction of the Chief Minister. The governor appoints ministers to the council on the counsel of the CM.

Additionally, as stated in Article 163 of the Constitution:

• The Governor is assisted and advised in carrying out his duties by a Council of Ministers, headed by the Chief Minister unless the Governor is required by or according to this Constitution to exercise all or any of his duties at his discretion.
• The Governor’s decision in his discretion shall be final, and the legality of anything he does shall not be questioned because he should or should not have acted in his discretion if there is any doubt as to whether a matter falls within the scope of the Governor’s discretionary powers under this Constitution.
• A Minister ceases to be a Minister at the end of a six-month or longer period during which he or she is not a member of the State Legislature.

According to Article 164

• The total number of ministers in a state’s council of ministers, including the chief minister, cannot be greater than 15% of the members of that state’s legislative assembly.
• The Council of Ministers shall be individually and collectively answerable to the State’s Legislative Assembly.
• A Minister must take the oaths of office and secrecy from the Governor before taking the oath of office, using the forms provided in the Third Schedule.
• After six months or more without being a member of the State Legislature, a Minister is no longer considered to be one.
• Ministers’ salaries and benefits must comply with any laws that the State Legislature enacts from time to time, and they must follow the Second Schedule until the State Legislature changes them.
• The conduct of a state’s government’s business is covered in Article 166.

Qualifications

• If a person is not a member of the state legislature when they are elected to the state legislature, they are unable to serve as a Minister of a State Council.
• He has six months from the date of taking the position to become one.
• In addition, one must meet the following requirements to serve in the state legislature:

(a) He must be an Indian citizen.

(b) He must demonstrate real trust in and devotion to the Indian Constitution.

(c) For the legislative council, he must be at least 30 years old.

(d) In the case of the legislative assembly, he cannot be younger than 25 years old.

Functions and Role of the State Council Ministers

Formation of Policies

• The policies of the government are created by ministers.
• All major decisions are made by the Cabinet, including those about public health, disability and unemployment payments, plant disease control, water storage, land tenures, and production, and the supply and distribution of commodities.
• When a policy is created, the relevant department puts it into practice.

Maintenance of Public Order and Administration

• The executive branch must exercise its authority in a way that ensures adherence to state legislation.
• The Constitution grants the Governor the authority to establish regulations to improve the efficiency of government operations.
• Regarding all such regulations, the Council of Ministers offers advice.

Appointments

• The State Public Service Commission members as well as the Advocate-General may be appointed by the Governor.
• The Vice-Chancellors of the State Universities are appointed by the Governor, as are the members of many Boards and Commissions. The Governor cannot choose to make these appointments. He must carry out these obligations, per the counsel of his ministers.

The Legislature’s direction

• Government legislation created by ministries makes up the majority of the bills that the legislature votes on.
• Before the State Legislature, the Ministers present, justify, and defend them. Each year, the Cabinet draughts the Governor’s Address, which outlines its legislative agenda, prior to the start of the first session of the Legislature.

Command over the State Exchequer

• The State budget, which includes projections for revenue and spending for the upcoming year, is delivered by the Finance Minister to the State Legislature.
• The Legislature is unable to take the lead in the event of a Money Bill.
• Such a Bill can only be introduced by a Minister, and the Governor must recommend it. Regarding financial matters, the Executive does take the lead.

Execution of Central Laws and Union Government Decisions

• The Union Government may direct state governments in specific circumstances.
• To ensure that the laws established by Parliament are followed, states should exercise their executive authority.
• They shouldn’t take any actions that would endanger the Union’s executive authority.

Possession of the State Exchequer 

• The State budget, which contains projections for revenue and spending for the upcoming year, is delivered by the Finance Minister to the State Legislature.
• The Legislature is unable to act in the case of a Money Bill.
• Such a Bill may only be introduced by a Minister and requires the Governor’s recommendation. In financial matters, the Executive does take the lead.

Application of Central Laws and Union Government Decisions

• The Union Government may order state governments to take particular actions under certain circumstances.
• To ensure that the laws established by Parliament are followed, states should exercise their executive authority.
• Nothing they undertake should put the Union’s executive authority in danger.

Responsibility

There are two categories of obligations:

• Collective accountability
• Shared accountability

Collective accountability

• According to Article 164, the state’s legislative assembly is the council of ministers’ sole source of collective accountability.
• This implies that all ministers are equally accountable for any deeds they commit or fail to commit in front of the legislative assembly.
• They work as a cohesive team and will either sink or swim together.
• All ministers, including those on the legislative council, must resign if the legislative assembly passes no-confidence resolutions against the council of ministers.
• A cabinet decision is binding on all cabinet ministers (as well as other ministers), even if some of them are postponed in the cabinet, according to the idea of collective responsibility.
• All ministers have a duty to support cabinet decisions made both inside and outside of the state legislature. If a minister disagrees with a cabinet decision, he must resign.

Individual accountability

• Article 164 also establishes individual responsibility. According to the law, the ministers perform their duties as needed by the governor.
• This indicates that if the legislative assembly has given the council of ministers its support, the governor may remove a minister.
• On the other hand, the governor can only dismiss a minister with the chief minister’s approval.
• The chief minister may request a minister’s resignation or suggest that the governor dismiss him if he is dissatisfied with his performance.
• All ministers have a duty to support cabinet decisions made both inside and outside of the state legislature. If a minister disagrees with a cabinet decision, he must resign.

A minister is appointed to the State Council of Ministers

• The governor appoints the Chief Minister.
• On the chief minister’s recommendation, the governor appoints the other ministers.
• Only those individuals who are suggested by the chief minister may be appointed as ministers by the governor.

Removal

• Members of the state council of ministers may serve at the governor’s pleasure, although the chief minister’s recommendations are taken into consideration when the governor exercises his authority.

Composition

• State Council’s membership that ministers
• The council of ministers is made up of deputy ministers, cabinet ministers, and ministers of state. Their rankings highlight the differences between them.
• The key departments are overseen by cabinet ministers.

Hence it can say that The Council of Ministers sets the state’s legislative agenda and is in charge of introducing and approving new laws. The state moves along the path of development more quickly and safely thanks to the powerful state legislative council. Beginning with the council of ministers, the government’s arm expands to enhance the lives of the state’s citizens. The history of democracy in India shows how the passage of stringent laws and the enforcement of those laws have changed the lives of many people. The State Council of Ministers can be thought of as the foundation of the executive branch.

Source:

The Hindu 

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