The Constitution provides that "there shall be a Council of Ministers, with the Chief Minister as its head to aid and advise the Governor in the exercise of his functions except when he is required by the constitution to act in his discretion." (Article 163) The Governor appoints the leader of the majority party in the Legislative Assembly as the Chief Minister. Other ministers are appointed by the Governor on the advice of the Chief Minister.
As at the Centre, in states also there are three categories of Ministers:
(i) Cabinet Ministers.
(ii) Ministers of State. and
(iii) Deputy Ministers.
For appointment as a Minister, a person should be a member of the State Legislature. If at the time of his appointment as minister he/she is not a member of the legislature, he/she must become a member of the state legislature within six months. The Chief Minister occupies almost the same position in the State as the Prime Minister has at Centre.
The position and the functions of the Chief Minister are as under:
1. Formation of Council of Ministers: After assuming office, the first function of Chief Minister is the formation of his Council of Ministers. All the members of the Council of Ministers are appointed by the Governor on the advice of the Chief Minister. The Governor cannot appoint any minister at his own discretion. The Chief Minister distributed portfolios among various Ministers.
2. Removal of Ministers: If any member of the Council of Ministers does not agree with the Chief Minister, the Chief Minister can ask him to resign. If he does not resign, the Chief Minister gets him dismissed by the Governor.
3. Chairman of the Cabinet: The Chief Minister is the Chairman of the Cabinet. He presides over its meetings. The agenda of such meetings is also prepared by the Chief Minister.
4. Link between the Governor and the Cabinet: The Governor is not a member of the Cabinet. He does not attend its meetings. It is the Chief Minister who provides all the information regarding the administration to the Governor. He puts the proposals of the Governor before the Cabinet.
The Chief Minister is the chief advisor of the Governor.
5. Leader of Legislative Assembly: The Chief Minister announces the decisions of the Cabinet in the Assembly. The speaker prepares the programme of the assembly in consultation with the Chief Minister. The Chief Minister can advise the Governor for the dissolution of assembly before the expiry of its normal term. The Chief Minister is the real ruler of the state.
