State Council of Ministers UPSC | Powers and Function | All information

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What do you mean by State Council of Ministers?

ln Parliamentary democracy, the Governor is constitutional head of the state while the real executive powers are vested in with Council of Ministers which is headed by the Chief Minister. Following points are significant for the formation of Council of Ministers

Composition of Council of Ministers

After the elections of Legislative Assembly, the Governor invites the majority Party to form government and he appoints the leader of that party as Chief Minister and on the advice of Chief Minister he appoints other ministers which forms the Council of Ministers.

The government has to prove majority in Vidhan Sabha. There are three types of ministers in the Council of Ministers: Cabinet Minister, State Minister and Deputy Minister. The Constitution has not fixed the number of ministers, but it cannot exceed 15% of total membership of Vidhan Sabha (including Chief Minister).

Qualifications of Ministers

The members of either house of legislature are appointed as ministers. A person who isn’t a member of either house of legislature also can be appointed as a minister but, within 6 months he must become a as member of either house of legislature, otherwise, he ceases to be a minister.

Term of Council of Ministers

The Council of Ministers is collectively responsible to the Vidhan Sabha There no fixed tenure for Council of Ministers. It exists until it wins the majority of Vidhan Sabha, If Vidhan passes no-confidence motion against the   Council Ministers, then it has to resign. Any minister can give of resignation to the Chief Minister at anytime, but if Chief Minister gives his resignation then the Council of Ministers automatically dissolves. The Governor can recommend the imposition of constitutional emergency during a state to the President.

State Council of ministers

Powers and Functions of the Council of Ministers

Article 163 of the Constitution, there shall be a Council of Ministers with the Chief Minister at the highest to help and advise the Governor within the exercise of his function.

Following are the powers and functions of the Council of ministers.

Aid and Advise to the Governor

All the administrative actions of the State Government are taken in the name of Governor, but the Governor exercises these powers with the aid and advise of the Council of Ministers.

Financial Functions

It is the duty of Council of Ministers to prepare and present budget (annual financial statement) every year.

Administrative Functions

There are separate departments of administration for which different portfolios are allocated to different ministers. All the ministers do their duties, but they are collectively responsible to the Vidhan Sabha.

Policy Making

All the policies regarding growth and development of the state are determined with growth and development of the state a  consideration of the Council of Ministers.

Making of Laws 

The Council of Ministers passes the laws by legislature. Every concerned d minister prepares the bill and present it in legislative to get it passed. 

Co-ordination between Department

There are various departments and their work and nature of work and different,  so they are complex. The main function of the Council of Ministers is cordinate between different departments.

Consultation Regarding the Appointment

The council of Ministers give suggestions to the Governor for appointment on significant post such as Chairman and members of Public Service  Commission, Advocate General and vice Chancellor of universities.

To Give Information to the Governor

It is the duty of Council of Ministers to inform to the Governor of all decisions of the Council of Ministers associated with the administration of the state.

Conclusion

Although,  the constitutional head of the state’s executive is the Governor, but real executive powers vests with he Council of Ministers.

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