The Constitution of India contains several articles that are directly or indirectly related to the State Council of Ministers. These articles outline the appointment, powers, and responsibilities of the ministers in the state government.
Part VI – The States
- Article 153: Governors of States:
- While not directly related to the Council of Ministers, Article 153 outlines the appointment and powers of the Governor of a state. The Governor plays a significant role in the functioning of the Council of Ministers.
- Article 154: Executive Power of State:
- This article vests the executive power of the state in the Governor and mentions that it shall be exercised either directly or through officers subordinate to the Governor. It lays the foundation for the functioning of the Council of Ministers.
- Article 155: Appointment of Governor:
- Article 155 deals with the appointment of the Governor and outlines the powers and functions of the Governor, including the appointment of the Chief Minister and other 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.
Part VI – The States (Under Chapter I – Executive)
- Article 161: Power of Governor to Pardon and Suspend, Remit or Commute Sentences in Certain Cases:
- While not directly related to the Council of Ministers, Article 161 outlines the power of the Governor to pardon or suspend, remit, or commute sentences of persons convicted of offenses against state laws.
Part VI – The States (Under Chapter II – Governor of States)
- Article 162: Extent of Executive Power of State:
- Article 162 deals with the extent of the executive power of the state and the distribution of powers between the Governor and the Council of Ministers.
- Article 163: Council of Ministers to Aid and Advise Governor:
- This is a key article that deals with the Council of Ministers in the states. It states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of their functions, except in matters where the Governor is required to act in their discretion.
- 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.
Part XI – Relations between the Union and the States
- Article 200: Assent to Bills:
- Article 200 deals with the power of the Governor to give or withhold their assent to bills passed by the state legislature, including bills related to the Council of Ministers.
These articles collectively form the constitutional framework for the State Council of Ministers, outlining their appointment, functions, and relationship with the Governor in the state government. The specifics may vary, and additional details are often provided by state laws and rules.
