Chief Minister - Clarity Desk Hub IAS

— the real executive head of a State.

The Real Executive — Who Actually Governs?

In India’s Parliamentary system, there are always two executives:

One who exists in name (nominal executive), and
One who holds real power (real executive).

At the Centre, the President is the nominal executive and the Prime Minister is the real executive.
Similarly, at the State level, the Governor is the nominal executive (also called de jure executive — meaning “by law”), while the Chief Minister (CM) is the real executive (or de facto executive — meaning “in practice”).

So, if we say:

“The Governor is the head of the State, but the Chief Minister is the head of the Government,”
that’s perfectly accurate.

Thus, the CM at the State level plays the same role as the PM at the national level.

Appointment of the Chief Minister

The Constitution (Article 164) says:

“The Chief Minister shall be appointed by the Governor.”

But it does not specify how this appointment should happen.
So, in practice, the conventions of the Parliamentary system guide this process.

✅ Normal Situation — Clear Majority

If one party has a clear majority in the Legislative Assembly, then:

The Governor must appoint the leader of that majority party as Chief Minister.
This is not the Governor’s discretion — it’s more of a constitutional duty.

⚖️ When There is No Clear Majority (Hung Assembly)

If no single party gets a majority, then the Governor uses his/her discretion.

In such cases, the Governor usually:

Invites the leader of the largest party or pre-election coalition to form the government.
Asks him/her to prove majority support in the Assembly — generally within one month.

⚠️ When CM Dies Suddenly

If the sitting CM dies and no obvious successor is present:

The Governor uses individual judgment to appoint a caretaker CM temporarily.
Usually, the ruling party quickly elects a new leader, and the Governor appoints that person.

🗳️ Must the CM Prove Majority Before Appointment?

No.
The Constitution does not require that.
The Governor can first appoint someone as CM and then ask them to prove majority on the floor of the House within a reasonable time.

👤 Can a Non-Member Become CM?

Yes!
A person who is not a member of the State Legislature can still become CM, but—

They must get elected to the State Legislature (Assembly or Council) within six months.
If they fail to do so → they cease to be the CM.

🏛️ CM Can Belong to Either House

The CM can be a member of either House of the State Legislature:

Generally, from the Legislative Assembly (Lower House), because that’s where confidence votes occur.
But occasionally, even members of the Legislative Council (Upper House) have served as CMs.

The Sarkaria Commission Guidelines (1983–88)

The Sarkaria Commission studied Centre–State relations and gave practical suggestions on how the Governor should appoint a CM, especially when there’s no clear majority.

🧭 Guiding Principles:

The Governor should ensure a stable government that commands the widest support in the Assembly.
The Governor’s role is to facilitate formation of government, not to influence its policies.

📊 Order of Preference (when no single majority)

If no party has an absolute majority, the Governor should invite leaders in the following order:

Pre-election alliance of parties that together have a majority.
Largest single party that claims support from others.
Post-election coalition where all partners join the government.
Post-election alliance where some join the government and others support it from outside.

📋 Additional Recommendations

The Governor should choose the leader most likely to command majority support.
Any CM who doesn’t have a clear majority must prove majority on the floor within 30 days.
If the CM’s majority is disputed, the Governor must not decide personally.
→ Instead, let the Assembly decide through a floor test.

(This principle has been upheld repeatedly by the Supreme Court — remember the cases like SR Bommai (1994).)

Oath, Term, and Salary

🪔 Oath

Before entering office, the CM takes two oaths, administered by the Governor:

(a) Oath of Office:

The CM swears—

To bear true faith and allegiance to the Constitution of India.
To uphold the sovereignty and integrity of India.
To faithfully discharge duties of office.
To do justice to all people — without fear or favour, affection or ill-will.

(b) Oath of Secrecy:

The CM swears not to reveal any matter that comes to his/her knowledge as a minister, except as required in official duty.

⏳ Term of Office

The CM holds office during the pleasure of the Governor.
But remember — this is a constitutional formality.
In reality, as long as the CM enjoys majority support in the Legislative Assembly, the Governor cannot remove him/her.
If the CM loses majority, he/she must resign — otherwise, the Governor may dismiss him/her.

💰 Salary and Allowances

The CM’s pay and perks are decided by the State Legislature.

In addition to what an MLA/MLC normally receives, the CM also gets:

Sumptuary allowance (for official hospitality),
Free residence,
Travel and medical facilities, etc.

Powers and Functions of the Chief Minister

To understand this neatly, let’s divide the CM’s powers into four broad categories:

In relation to the Council of Ministers
In relation to the Governor
In relation to the State Legislature
Other powers and functions

(1) In Relation to the Council of Ministers

The CM is the head of the State Council of Ministers — the captain of the team.
So, all the ministers work under his/her leadership.

Let’s see how this works:

The Governor appoints only those ministers who are recommended by the CM.
→ So the CM decides who will become a minister.
The CM allocates and reshuffles portfolios — meaning, who will handle which department (Finance, Home, Education, etc.).
If there’s any difference of opinion, the CM can ask a minister to resign or advise the Governor to dismiss that minister.
The CM presides over meetings of the Council of Ministers and influences decisions.
The CM guides, directs, and coordinates the work of all ministers — ensuring unity in policy and administration.
If the CM resigns or dies, the entire Council of Ministers collapses automatically, because it exists only as long as the CM holds office.
→ But if any other minister resigns or dies, it only creates a vacancy — the CM can fill it later.

📘 Analogy:

Think of the CM as the captain of a cricket team — if the captain leaves, the entire team must be reconstituted. But if one player leaves, the team continues 😊

(2) In Relation to the Governor

Here, the CM acts as the main link between the Governor and the Council of Ministers.
The Governor doesn’t directly communicate with ministers — everything passes through the CM.

Article 167 of the Constitution lays down this communication channel.

The CM must:

Communicate all decisions of the Council of Ministers to the Governor — especially about administration and legislation.
Provide any information that the Governor asks for.
If the Governor insists, place before the Council of Ministers any matter decided by a minister but not yet discussed by the whole council.

So, the CM keeps the Governor informed and connected, but also ensures that the Governor doesn’t interfere unnecessarily.

Apart from this, the CM also advises the Governor on appointments to key state offices like:

Advocate General,
Chairman and Members of the State Public Service Commission,
State Election Commissioner, etc.

(3) In Relation to the State Legislature

As the leader of the House (usually the Legislative Assembly), the CM has an important role in the legislature.

The CM advises the Governor on when to summon, prorogue, or dissolve the Assembly.
→ So, indirectly, the CM controls when the House meets or ends.
The CM can recommend dissolution of the Legislative Assembly at any time.
→ This means, if political conditions make it necessary, the CM can suggest fresh elections.
The CM announces government policies and answers questions on the floor of the House — representing the government’s view.

In short, the CM is the chief spokesperson of the government in the legislature.

(4) Other Powers and Functions

Apart from the above, the CM plays several additional roles that strengthen his/her leadership at the state and inter-state levels.

Chairman of the State Planning Board — heads the state’s planning and development body.
Vice-Chairman of the Zonal Council (by rotation for one year).
→ Zonal Councils promote cooperation between neighbouring states.
Member of the Inter-State Council and NITI Aayog’s Governing Council, both headed by the PM.
→ So, the CM participates in national-level discussions.
Chief Spokesperson of the State Government — presents and defends state policies.
Crisis Manager-in-Chief — takes charge during political or administrative emergencies.
Leader of the people — meets different social groups, receives petitions, listens to public grievances.
Leader of the ruling party — maintains coordination between party and government.
Political Head of the Services — gives overall direction to the bureaucracy.

So, the CM is not just a constitutional functionary — he/she is the pivot around which the entire state administration revolves.

⚖️ A Subtle Point

Although the CM is very powerful, remember that the Governor’s discretionary powers — like in cases of political instability, or appointment of CM in a hung assembly — limit the CM’s influence to some extent.

Relationship Between the Governor and the Chief Minister

This is the heart of the CM’s constitutional position.
It is based on a few important Articles of the Constitution.

Let’s understand them:

📜 Article 163

There shall be a Council of Ministers with the CM as its head,
- To aid and advise the Governor in exercising his/her functions,
- Except in cases where the Governor is required to act in his/her discretion.

👉 Meaning:

Normally, the Governor must act on the advice of the CM and the Council of Ministers.
But in a few exceptional matters (like recommending President’s Rule or reserving a bill for President), the Governor can use personal discretion.

📜 Article 164

The CM is appointed by the Governor, and other ministers are appointed on the CM’s advice.
Ministers hold office during the pleasure of the Governor,
→ But in practice, only as long as they have CM’s confidence.
The Council of Ministers is collectively responsible to the Legislative Assembly — this ensures accountability to the people.

📜 Article 167

This Article lays down the CM’s duties toward the Governor, as mentioned earlier:

Communicate all decisions of the Council to the Governor.
Furnish any information the Governor asks for.
If the Governor requires, place before the Council any matter decided by a minister but not discussed by the Cabinet.

🪶 Final Understanding

So, when we say:

“At the State level, the Chief Minister is the real centre of power,”
we mean that the Governor functions in name, but the CM governs in reality.

The CM is:

The head of the Council of Ministers,
The leader of the legislature,
The bridge between the State and the Centre, and
The face of the government before the people.

However, in moments of political instability, the Governor’s discretionary power can temporarily tilt the balance — reminding us that Indian federalism is cooperative, but with a unitary bias.

Articles Related to Chief Minister at a Glance

Art No.	Subject-matter
163.	Council of Ministers to aid and advise Governor
164.	Other provisions as to Ministers
166.	Conduct of business of the Government of a State
167.	Duties of Chief Minister as respects the furnishing of information to Governor, etc.
177.	Rights of Ministers as respects the Houses