Chief minister (India)

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In the Republic of India, a chief minister is the elected head of government of each of Twenty nine states and seven union territories (Delhi and Pondicherry). According to the Constitution of India, the Governor is a state's de jure head, but de facto executive authority rests with the chief minister. Following elections to the state legislative assembly in a state, the state's governor usually invites the party (or coalition) with a majority of seats to form the government. The governor appoints and swears in the chief minister, whose council of ministers are collectively responsible to the assembly. Based on the Westminster system, given that he retains the confidence of the assembly, the chief minister's term can last for the length of the assembly's life—a maximum of five years (except in Jammu and Kashmir Legislative Assembly where it is maximum of six years). There are no limits to the number of terms that the chief minister can serve.[1] A chief minister heads a state government's council of ministers and can be deputed in that role by a deputy chief minister.

Selection process

Eligibility

The Constitution of India sets the principle qualifications one must meet to be eligible to the office of the chief minister. A chief minister must be:

  • a citizen of India.
  • should be a member of the state legislature. If a person is elected chief minister who is not a member of the legislature, then he/she must take sign from governor.
  • of 25 years of age or more[2]

An individual who is not a member of the legislature can be considered as the chief minister provided he/she gets himself/herself elected to the State Legislature within six months from the date of their appointment. Failing which, he/she would cease to be the chief minister.

Election

The chief minister is elected through a majority in the state legislative assembly. This is procedurally established by the vote of confidence in the legislative assembly, as suggested by the governor of the state who is the appointing authority. They are elected for five years

Oath

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

The oath of office.

I, <Name of Minister>, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the State of <Name of the State> and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.

— Constitution of India, Schedule 3, Para 5

The oath of secrecy

I, <Name of Minister>, do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of <Name of the State> except as may be required for the due discharge of my duties as such Minister.

— Constitution of India, Schedule 3, Para 6

Resignation

In the event of a Chief Minister's resignation, which conventionally occurs after an election or during a phase of assembly transition, the outgoing minister holds the informal title of "caretaker" chief minister until the Governor either appoints a new chief minister or dissolves the assembly. Since the post is not constitutionally defined, the caretaker chief minister enjoys all the powers a regular chief minister possesses, but is expected not to make any major policy decisions during his/her short tenure as caretaker.[3]

Remuneration

By Article 164 of the constitution of India, remuneration of the chief minister as well as other ministers are to be decided by the respective state legislatures.[4] Hence this varies from state to state.

See also

References

  1. ↑ Durga Das Basu. Introduction to the Constitution of India. 1960. 20th Edition, 2011 Reprint. pp. 241, 245. LexisNexis Butterworths Wadhwa Nagpur. ISBN 978-81-8038-559-9.
  2. ↑ Constitution of India, Article 173
  3. ↑ "Caretaker chief minister is just a placeholder, say experts". The Times of India. 12 February 2017.
  4. ↑ The Constitution of India, Article 164, Clause 5
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