The constitutional provisions regarding the State Council of Ministers in India are primarily outlined in Part VI (The States) of the Constitution, especially in Chapter II (The Executive) and Chapter III (The Governor of States).
Chapter II – The Executive
- Article 154: Executive power of the State:
- This article vests the executive power of the State in the Governor, and it is to be exercised either directly or through officers subordinate to the Governor.
- Article 155: Appointment of Governor:
- Article 155 discusses the appointment of the Governor, who is the constitutional head of the state and plays a crucial role in the formation of the State Council of Ministers.
- Article 160: Discharge of the functions of the Governor in certain contingencies:
- This article empowers the Governor to appoint one or more ministers to discharge the functions of the Governor in case of contingencies.
Chapter III – The Governor of States
- Article 163: Council of Ministers to aid and advise Governor:
- Article 163 outlines the role of the Council of Ministers in aiding and advising the Governor. It establishes the collective responsibility of the Council of Ministers to the state legislature.
- Article 164: Other Ministers:
- This crucial article details the appointment of the Chief Minister and other ministers. It specifies that the Chief Minister is appointed by the Governor and other ministers are appointed by the Governor on the advice of the Chief Minister. It also outlines their duties and functions.
- Clause (1): Chief Minister to be appointed by the Governor.
- Clause (2): Other Ministers to be appointed by the Governor on the advice of the Chief Minister.
- Clause (3): They shall hold office during the pleasure of the Governor.
- Clause (4): The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
- Article 165: Advocate General for the State:
- While not directly related to the Council of Ministers, this article deals with the appointment and duties of the Advocate General for the state, who is a legal advisor to the government.
Chapter IV – The Legislature
- Article 200: Assent to Bills:
- Article 200 empowers the Governor to give or withhold their assent to bills passed by the state legislature, including those related to the Council of Ministers.
These constitutional provisions collectively establish the framework for the formation, powers, and functions of the State Council of Ministers, emphasizing the principles of parliamentary democracy, collective responsibility, and the role of the Governor in the state government. The specifics may vary, and additional details are often provided by state laws and rules.
