Appointment and removal of Chief Minister

Context:

Pushkar Singh Dhami recently took took oath as the 12th chief minister of Uttarakhand.

• Since, according to the constitution, the chief minister is appointed by the governor, the swearing in is done before the governor of the state.

As a real executive authority, the Chief Minister is called the head of the government. He is assisted by his council of ministers who are a part of state executive along with Governor and Advocate-General of State. Similar to Prime Minister who is the head of the government at the centre, the Chief Minister is the head of the government at the state level. 

APPOINTMENT OF CHIEF MINISTER

• The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
• Article 164:- Chief Minister shall be appointed by the governor.
• However, this does not imply that the governor is free to appoint any one as the Chief Minister. In accordance with the conventions of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
• But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister. In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and asks him to seek a vote of confidence in the House within a month.
• The governor may have to exercise his individual judgement in the selection and appointed of the Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor.
• However, on the death of a Chief Minister, the ruling party usually elects a new leader and the governor has no choice but to appoint him as Chief Minister.
• The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister. The governor may first appoint him as the Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable period.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister.
• According to the Constitution, the Chief Minister may be a member of any of the two Houses of a state legislature.
• Usually Chief Ministers have been selected from the Lower House (legislative assembly), but, on a number of occasions, a member of the Upper House (legislative council) has also been appointed as Chief Minister.          

OATH:  The governor administers to him the oaths of office and secrecy.

Term:  Not fixed and he holds office during the pleasure of the governor.

• However, this does not mean that the governor can dismiss him at any time.
• He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.
• But, if he loses the confidence of the assembly, he must resign or the governor can dismiss him.
• Salary and Allowances:  Determined by the state legislature.

Removal of Chief Minister

• He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.
• The State Legislative Assembly can also remove him by passing a vote of no-confidence against him.

Important Articles Related to Chief Minister

• Article 163– The council of ministers will be headed by the Chief Minister to aid and advise the Governor.
• Article 164– The CM appointed by the Governor.
  • The Council of Ministers shall be collectively responsible to the state legislature.
  • The Ministers shall hold the office till the pleasure of the Governor.
• Article 167– Deals with the duties of Chief Minister with respect to providing information to the Governor.

For detail Article About CM: Click Here

News Source: Hindustan Times

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