The oath of office and secrecy is a formal declaration taken by members of the State Council of Ministers, including the Chief Minister. The format of the oath is prescribed in the Third Schedule of the Constitution of India. The ministers take the oath in the presence of the Governor or an individual authorized by the Governor. The standard oath includes:
“I, [Name], 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 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.”
Duration of Office and Resignation:
Members of the State Council of Ministers, including the Chief Minister, hold office during the pleasure of the Governor. They can be removed by the Governor at any time. Resignation can be tendered by submitting a letter to the Governor, and the Chief Minister may recommend the appointment of a new minister to fill the vacancy.
Salary and Allowances:
The salary and allowances of the State Council of Ministers, including the Chief Minister, are determined by the state legislature. The specifics regarding the remuneration, perks, and allowances are usually specified in state laws, rules, or resolutions. The state government allocates the budget for the salaries and allowances of the ministers.
The salary may be at par with that of Members of the Legislative Assembly (MLAs) but may include additional allowances and perks. The details of the salary structure are subject to revisions and may be periodically reviewed by the state government.
Collective Responsibility:
Members of the State Council of Ministers operate on the principle of collective responsibility. This means that decisions taken by the Council of Ministers are binding on all members, and they are collectively accountable to the Legislative Assembly. While individual ministers may have specific portfolios and responsibilities, they are collectively responsible for the overall governance and functioning of the government.
Legal and Constitutional Aspects:
The oath, duration of office, and salary of the State Council of Ministers are governed by constitutional provisions and state laws. The principles of democratic governance, accountability, and adherence to the Constitution guide these aspects of the functioning of the Council of Ministers at the state level in India.
