Other Powers and Functions

In addition, the Chief Minister also performs the following functions:

(a) He is the chairman of the State Planning Board.

(b) He acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time.8

(c) He is a member of the Inter-State Council and the Governing Council of NITI Aayog, both headed by the prime minister.

(d) He is the chief spokesman of the state government.

(e) He is the crisis manager-in-chief at the political level during emergencies.

(f) As a leader of the state, he meets various sections of the people and receives memoranda from them regarding their problems, and so on.

(g) He is the political head of the services.

Thus, he plays a very significant and highly crucial role in the state administration. However, the discretionary powers enjoyed by the governor reduces to some extent the power, authority, influence, prestige and role of the Chief Minister in the state administration.

The following provisions of the Constitution deal with the relationship between the governor and the Chief Minister:

1. Article 163: There shall be a council of ministers with the Chief Minister as the head to aid and advise the governor on the exercise of his functions, except in so far as he is required to exercise his functions or any of them in his discretion.

2. Article 164:

(a) The Chief Minister shall be appointed by the governor and other ministers shall be appointed by the governor on the advise of the Chief Minister;

(b) The ministers shall hold office during the pleasure of the governor; and

(c) The council of ministers shall be collectively responsible to the legislative assembly of the state.

3. Article 167: It shall be the duty of the Chief Minister:

(a) to communicate to the governor of the state all decisions of the council of ministers relating to the administration of the affairs of the state and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the state and proposals for legislation as the governor may call for; and

(c) if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

Table 31.1 Articles Related to Chief Minister at a Glance

177. Rights of Ministers as respects the Houses

NOTES AND REFERENCES‌

1. For example, the governors of Tamil Nadu (1951), Rajasthan (1967), and Haryana (1982) invited the leader of the largest party to form the ministry. The governors of Punjab (1967), West Bengal (1970), and Maharashtra (1978), on the other hand, invited the leader of the coalition to form the ministry.

2. For example, the governor of J & K (Jagmohan) appointed

G.M. Shah as the Chief Minister and asked him to prove his majority on the floor of the House within a month. He proved his majority. Similarly, the Governor of Andhra Pradesh (Ram Lal) appointed Bhasker Rao as the Chief Minister and gave him one month to prove his majority on the floor of the House. However, he could not prove his majority.

3. For example, Bansilal and S.B. Chavan were appointed as Chief Ministers of Haryana and Maharashtra respectively, even though they were not members of the state legislature. Subsequently, they were elected to the state legislature.

4. For example, C. Rajagopalachari in Madras (now Tamil Nadu) in 1952, Morarji Desai in Bombay (now Maharashtra) in 1952, C.B. Gupta in UP in 1960 and B.P. Mandal in Bihar in 1968 were appointed as Chief Ministers, while they were members of the state legislative council.

5. The form of oath of office and secrecy for the Chief Minister is similar to that for any state minister. See Chapter 32.

6. This was ruled by the Supreme Court in S.R. Bommai v. Union of India, (1994). However, there have been many violations of this rule, whereby the governors have dismissed the Chief Ministers without giving them an opportunity to prove their majority in the legislative assembly.

7. Article 167 specifically deals with this function of the Chief Minister.

8. Union home minister is the chairman of all the zonal councils.