I.Practically the position of the Council of Ministers at the State Level.
The Constitution of India (under Article 163) provides, "there shall be a Council of Ministers with the Chief Ministers as the head to aid and advise the Governor in the exercise of his functions."
This provision appears to give the impression that the Council of the Ministers (at the State level) in an advisory body of the Governor. But this is not the truth or reality.
Like the centre, the state too has a parliamentary system of government in which the Governor plays the role of constitutional head, while the Council of Ministers with the Chief Minister at the head functions as the executive of (or the real executive, normally) of the state..
II. Formation of the Council of Ministers:
1. Appointment of Chief Ministers:
(a) After the elections to the Legislative Assembly in the state, the leader of the majority party (or of the groups of the political party or of an alliance) in the Legislative Assembly is appointed Chief Minister. He is appointed by the Governor of the state.
(b) Will of the Governor: If the majority party has no acceptable leader, the Governor uses his discretion and appoints a Chief Minister who is likely to get the support of majority in the Legislative Assembly.
2. The Appointment of other Ministers: The other Ministers are also appointed by the Governor, on the advice of the Chief Minister. The Chief Minister selects the persons from amongst the members in the Legislative to be appointed as Ministers and his choice, in this matter, is accepted by the Governor.
3. Appointment of outsider as a Minister: A person, who is not a member of the State Legislative, can also be appointed as a Minister but he must get himself elected to either House of the State Legislative within six months of the date of his appointment. Otherwise, He/ She would cease to be a Minister after the expiry of six months.
4. Oath by the Ministers or the Council of Ministers: The Governor of the State administers the oath of office and secrecy to all Ministers (including C.M.) before he/she (Minister) assumes his / her office.
The Minister swears or solemnly affirms that he/she will faithfully discharge his/her duties as a Minister and will not reveal official secrets of the government.
5. Categories of Ministers in the Council of Ministers at State Level: The Chief Minister decides the size of the Ministry in his/ her State. The Constitution provides for 'Ministers' in a State, but it is silent on the difference in rank among them.
In actual practice there are three categories of Ministers. In order of rank and position, they are:
(a) Cabinet Ministers.
(b) Ministers of State. and
(c) Deputy Ministers.
A brief description of all the three categories is given below:
(a) Cabinet Ministers: They are senior Ministers who hold important portfolios. They constitute an inner circle of the Council of Ministers. They lay down general policies and make important decisions, which are upheld by the whole Council of Ministers.
(b) Ministers of State: They are the second category of Ministers. They may or may not be given independent charge of any Ministry.
The Chief Minister may or may not consult them.
(c) Deputy Ministers: They are the junior most Ministers who assist the Cabinet Ministers and the Council of Ministers.
Conclusion: In brief we can say that Cabinet Ministers, Ministers of State and Deputy Ministers constitute the Council of Ministers. The Chief Ministers is the head of the Council of Ministers. In a Parliamentary democracy they are the real executive in a State.
