State Council of Ministers - Clarity Desk Hub IAS

🧭 Context Setting: Why a Council of Ministers in the State?

Just as the Union (Centre) has a Council of Ministers headed by the Prime Minister, every State too has its Council of Ministers headed by the Chief Minister.

This is because the Constitution establishes a parliamentary system of government at both levels — Union and State.
So, the Governor is only the constitutional head, while the Chief Minister and Council of Ministers are the real executive authority.

In simple words:
👉 The Governor is like the President at the state level — he/she is the nominal head.
👉 The Chief Minister and the Council of Ministers are like the Prime Minister and his Cabinet — they exercise real power.

🧩 Constitutional Basis

Now, the parliamentary system principles are not fully detailed in the Constitution.
They are expressed broadly through Articles 163 and 164.

🧱 Article 163 — Council of Ministers to Aid and Advise the Governor

Key idea: The Governor has a Council of Ministers headed by the Chief Minister to aid and advise him/her in performing duties — except in matters where the Governor has to act in his/her discretion.

Clause (1):

There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor, except in matters where he/she has discretion.

👉 Meaning: The Governor generally works on the advice of the Council of Ministers.
But in some exceptional cases (for example, when no party has a clear majority after elections), the Governor may act on his own discretion.

Clause (2):

If any question arises whether a matter falls under Governor’s discretion or not, the decision of the Governor is final.

👉 Courts cannot question this. It protects the Governor’s limited discretionary powers.

Clause (3):

The advice given by ministers to the Governor cannot be inquired into by any court.

👉 This ensures confidentiality between the Governor and the Council of Ministers — like a private conversation between the head of state and the executive team.

⚖️ Article 164 — Other Provisions as to Ministers

This article tells us about how ministers are appointed, their tenure, responsibility, and other related matters.

1️⃣ Appointment of Ministers

The Chief Minister is appointed by the Governor.
Other Ministers are appointed by the Governor on the advice of the Chief Minister.

👉 Meaning: Governor can’t appoint anyone he likes — he must appoint those recommended by the Chief Minister.

2️⃣ Minister for Tribal Welfare

In Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, there must be a Minister in charge of Tribal Welfare.
This minister may also handle SCs, OBCs, or other related subjects.

🧩 Earlier this applied to Bihar too, but the 94th Constitutional Amendment Act, 2006 removed Bihar because it no longer has Scheduled Areas and has a very small ST population.

3️⃣ Size of the Council of Ministers — 91st Amendment (2003)

Total ministers (including the Chief Minister) cannot exceed 15% of the strength of the Legislative Assembly.
Minimum number of ministers: 12.

👉 Example: If a state assembly has 200 MLAs, the Council of Ministers can have a maximum of 30 ministers.

This was introduced to prevent unnecessary expansion of ministries and reduce political expenditure.

4️⃣ Disqualification on Grounds of Defection

A legislator disqualified under the Tenth Schedule (Anti-Defection Law) cannot be made a minister.

👉 This, too, came through the 91st Amendment Act (2003).

5️⃣ Tenure — “Pleasure of the Governor”

Ministers hold office during the pleasure of the Governor.

👉 But practically, this means they hold office as long as the Chief Minister wants.
If the CM loses confidence, the Governor removes the minister on CM’s advice.

6️⃣ Collective Responsibility

The Council of Ministers is collectively responsible to the State Legislative Assembly.

👉 Meaning: If the Assembly passes a no-confidence motion, the entire Council of Ministers must resign.
This is the core principle of Parliamentary System — “Council sinks or swims together.”

7️⃣ Oath of Office and Secrecy

The Governor administers:

Oath of office, and
Oath of secrecy (i.e., ministers must not disclose confidential matters).

8️⃣ Minister Must Be a Member of the Legislature

A person who is not an MLA or MLC can still be made a minister — but only for six months.
If he/she doesn’t become a member of the legislature within that period, he/she ceases to be a minister.

👉 Example: Dr. Manmohan Singh became Finance Minister before being elected to Rajya Sabha — similar logic applies at the state level.

9️⃣ Salaries and Allowances

Decided by the State Legislature.

🏛️ Article 166 — Conduct of Business of the State Government

This article explains how the executive work of the State is carried out.

1️⃣ All executive actions are done in the name of the Governor.
→ Example: “By order of the Governor of Maharashtra.”

2️⃣ Rules for authentication — made by the Governor — ensure legal validity of documents.

3️⃣ Governor also makes Rules of Business to:

Distribute work among ministers, and
Ensure smooth functioning of departments.

🧾 Article 167 — Duties of the Chief Minister

The Chief Minister acts as a link between the Governor and the Council of Ministers.

He/she must:

Inform the Governor of all decisions of the Council of Ministers.
Provide information that the Governor asks for.
Place before the Council any matter if the Governor demands reconsideration.

👉 This ensures that the Governor stays informed but doesn’t directly interfere.

🏛️ Article 177 — Rights of Ministers in the Legislature

Every minister has the right to speak and participate in the proceedings of the Assembly (and Council, if it exists) — even if they’re not members of that particular House.

But, they cannot vote unless they are members of that House.

💡 Nature of Advice by Ministers

(Article 163 Explained Further)

Now, a key conceptual point:
Though the Governor is the head of the State Executive, he/she must act according to the advice of the Council of Ministers — except where the Constitution gives discretionary power.

In the Shamsher Singh Case (1974), the Supreme Court clearly said:

“Except in those areas where the Governor has discretion, he/she must act on the aid and advice of the Council of Ministers. The satisfaction of the Governor means the satisfaction of the Council of Ministers.”

👉 So the Governor’s “satisfaction” is not personal, it is constitutional — meaning, it’s the decision of the elected government.

🧑‍⚖️ Appointment of Ministers

CM is appointed by the Governor.
Other Ministers are appointed on CM’s advice.
There must be a Tribal Welfare Minister in specific states.
Ministers can be from either House or even outsiders (for six months).
A Minister from one House can speak in the other but cannot vote there.

🧭 Oath and Salary of Ministers

Before any Minister officially assumes charge, the Governor administers two oaths:

Oath of Office

In this oath, the Minister solemnly swears:

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

👉 Notice — this oath captures constitutional morality and ethical neutrality.
The Minister promises not to be partial or political, but to act by law and conscience.

Oath of Secrecy

Here, the Minister swears:

“I will not directly or indirectly communicate or reveal to any person any matter brought before me as Minister, except as may be required for the due discharge of my duties.”

👉 Meaning: Ministers are bound by confidentiality. Cabinet discussions are not for public disclosure — they are collective secrets of the government machinery.
This is essential for the principle of Cabinet solidarity (we’ll discuss this shortly).

Salaries and Allowances

These are decided by the State Legislature from time to time.
Generally, a Minister receives:

The same salary and allowances as an MLA/MLC,
Plus, sumptuary allowance (based on rank),
Free residence, travel allowance, medical facilities, etc.

👉 Hence, like in Parliament, the Legislature decides the financial privileges of Ministers at the State level.

⚖️ Responsibility of Ministers

Now, this is the heart of parliamentary government.
If the Union is built on the principle of “Collective Responsibility to the Lok Sabha,”
the same principle operates at the State level — Collective Responsibility to the Legislative Assembly.

1️⃣ Collective Responsibility (Article 164)

This is the core principle of Parliamentary system.

The Council of Ministers acts as one unit — all ministers jointly responsible for decisions, policies, and actions of the government.

👉 They work as a team and “swim or sink together.”

If the Legislative Assembly passes a No-Confidence Motion,
then the entire Council, including even ministers from the Legislative Council, must resign.

🏛 Example:

Suppose in Maharashtra, the Assembly loses confidence in the government —
even the Minister who was not personally involved in any controversy must resign, because the Council acts collectively.

⚡ Two key implications:

Joint Responsibility to Assembly:
Every act of government is a joint act of all ministers.
Cabinet Solidarity:
Even if a Minister personally disagreed in Cabinet meetings, once the Cabinet decides, he/she must publicly support that decision.

👉 If a Minister cannot defend a Cabinet decision, the moral path is resignation.
This ensures unity and prevents public contradiction.

Example: Several ministers have resigned historically when they couldn’t defend Cabinet policies (like finance or law and order decisions).

🧨 No-Confidence Motion Option

Alternatively, the Council can recommend dissolution of the Legislative Assembly and call for fresh elections, claiming the Assembly no longer represents people’s will.
But — the Governor may or may not accept that advice if the government has clearly lost majority.

2️⃣ Individual Responsibility

Also contained in Article 164, this principle says:

“Ministers hold office during the pleasure of the Governor.”

👉 But, as we discussed earlier — this pleasure is not personal.
It is actually the pleasure of the Chief Minister.

So, if the CM feels a particular Minister is underperforming or causing political damage, he can ask the Governor to remove that Minister.
The Governor acts on CM’s advice.

This ensures that the Chief Minister maintains discipline and unity within the team — making collective responsibility real and effective.

3️⃣ No Legal Responsibility

Unlike in Britain, where every government order must be countersigned by a minister (ensuring legal accountability), in India there is no such requirement at State level (and not even at the Union level formally).

Hence:

Orders of the Governor don’t need a minister’s countersignature.
Courts cannot inquire into what advice was given by ministers to the Governor (as per Article 163(3)).

👉 So, Ministers are politically responsible to the Legislature, but not legally responsible in the sense of enforceable liability for official acts.

🧱 Composition of the Council of Ministers

Now, let’s understand the internal structure — who forms part of the team.

Interestingly, the Constitution does not fix:

Size of the Council,
Or rank/number of ministers.

👉 The Chief Minister decides this based on political and administrative needs.

However, the 91st Amendment (2003) ensures total strength does not exceed 15% of the Legislative Assembly.

There are three categories of ministers:

Category	Description	Cabinet Status
Cabinet Ministers	Head major departments (Home, Finance, Agriculture, Education, etc.)	✅ Members of Cabinet
Ministers of State	May have independent charge or assist Cabinet Ministers	❌ Not part of Cabinet unless invited
Deputy Ministers	Assist Cabinet Ministers, no independent charge	❌ Not part of Cabinet

Deputy Chief Minister

Sometimes, a Deputy Chief Minister is appointed for political balance — for example, coalition management or regional representation.
But this post has no constitutional status.
It’s purely political or administrative convenience.

🧠 Cabinet — The Nucleus of State Government

Out of the entire Council of Ministers, the Cabinet (small group of top ministers) is the core decision-making authority.

It is, in fact, the real centre of power in the State executive.

🔑 Key Roles of the Cabinet:

Highest Decision-Making Authority — ultimate political and administrative power.
Chief Policy-Making Body — formulates policies on economy, education, law & order, etc.
Supreme Executive Authority — executes decisions in all departments.
Chief Coordinator — ensures inter-departmental coordination.
Advisory Body to the Governor.
Crisis Manager — handles emergencies (floods, riots, etc.).
Controls Legislation and Finance — prepares bills, budget, etc.
Supervises Key Appointments — senior bureaucrats and constitutional posts.

👉 In essence, the Cabinet is the brain of the State government.

🧩 Cabinet Committees

Since the Cabinet’s workload is heavy, much of the work is delegated to Cabinet Committees.

Types:

Standing Committees — Permanent (e.g., Economic Affairs, Security, Infrastructure).
Ad hoc Committees — Temporary, created for specific purposes (like handling a flood crisis or policy review).

These Committees are set up by the Chief Minister, and:

Their number, name, and composition change depending on the time and situation.
They analyze, discuss, and finalize proposals before they go to the full Cabinet.
Some can even take decisions directly, subject to Cabinet review.

👉 This system brings efficiency, specialization, and speed in governance.

🎯 Essence of the Chapter

The Governor is nominal, but the Chief Minister and Council of Ministers are the real executive.
The system works on collective and individual responsibility, not on legal liability.
The Cabinet is the true powerhouse of the State government, supported by various committees.
Everything ultimately runs through the Chief Minister, who is the pivot of the entire state administration.

Articles Related to the State Council of Ministers at a Glance

Article 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