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Home/ Questions/Q 103
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Puneet
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Puneet
Asked: July 9, 20192019-07-09T04:49:34+05:30 2019-07-09T04:49:34+05:30In: Public Administration

‘The Chief Minister has acquired a special role in the exercise of executive power in a state’. Comment.

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‘The Chief Minister has acquired a special role in the exercise of executive power in a state’. Comment.
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    2019-07-09T04:53:56+05:30Added an answer on July 9, 2019 at 4:53 am

    The Chief Minister performs the same functions in respect of the state government as the Prime Minister does in respect of the Union Government. Although the real executive power of the state government vests in the Council of Ministers, the Chief Minister has acquired a very special role in the exercise of this executive power. He is not the first in the middle of equals, but is the prime mover of the executive government of the state. The Chief Minister is appointed through the Governor and holds Office throughout his pleasure. Though, when a single political party has an absolute majority in the Assembly, the Governor has only a ceremonial role in these matters. He has to invite the leader of the majority party to form the government and cannot dismiss him so long as he enjoys the confidence of the Assembly. The only exception almost certainly may occur when the majority party changes its leader in the Assembly. Of course, the Governor does have some discretion in these matters throughout periods of instability when no single party can claim an absolute majority in the Assembly.

    Powers of the Chief Minister in Relation to the Council of Ministers

    The Chief Minister is the leader of the Council of Ministers. With the passage of time, the position of Chief Minister has strengthened vis-à-vis his Council of Ministers. He has to assign portfolios in the middle of his ministers and can change such portfolios when he likes. He plays a coordinating role in the functioning of his Council of Ministers. He has to see that the decisions of the several departments are coherent. He has to lead and defend his Council of Ministers in the Assembly. In short, he has to ensure the communal responsibility of the Council of Ministers to the State Assembly. The Chief Minister sets the agenda for the Cabinet and greatly influences its decisions. He takes decisions on significant matters of coordination even though these are allotted to individual ministers. Moreover, the Governor appoints the Council of Ministers on the advice of the Chief Minister and the ministers hold Office throughout the pleasure of the Governor. As a result of these provisions, the Minister, in fact, holds Office throughout the pleasure of the Chief Minister. This power of dismissing the ministers at will and the power to change their portfolios has greatly strengthened the power of the Chief Minister in relation to his ministers and ultimately the Council of Ministers.

    It necessity also be realized that the power of the Chief Minister in relation to his Council of Ministers also depends on political circumstances prevailing in the state. If a cohesive party has an absolute majority in the Assembly, the Chief Minister becomes very powerful and the ministers are afraid of him. His power is further enhanced in case of a statewide local party for, in that case he is not subject to the discipline of the national leadership. The position of a Chief Minister gets weakened if he heads a coalition government or a faction-ridden party. In either case, he or she has to affect compromises to keep a balance in the middle of the coalition partners or several factions within the party.

    The powers of Chief Minister in relation to the Governor have not been mentioned anywhere in the Constitution. A convention was sought to be recognized whereby the Chief Minister could be consulted concerning the appointment of the Governor in his state. Even this has not been followed through the Union government in several cases. The only other power, which can be indirectly inferred from the Constitution is the power to exercise executive power of the state in the [name of the Governor. All the public appearances of the Governor and the speeches delivered through him on such occasions have to be in accordance with policy laid down through the Council of Ministers headed through the Chief Minister. Likewise, the speeches of the Governor on ceremonial occasions and the annual speech before the Assembly have to be approved through the Cabinet.

    Powers of the Chief Minister in Relation to the Legislature

    The Chief Minister is also the leader of the House. Separately from this formal position, the Chief Minister gives real legislative leadership to the House in the sense that he sets the legislative agenda. The legislative measures are brought before the Assembly after the approval of the Council of Ministers headed through the Chief Minister. It is true that private members may also bring a Bill before the Assembly. But, that has a limited chance of success. Separately from the fact that it has no backing of the majority party, the private members do not have the wealth of information that is accessible to the government. Separately from setting up the legislative agenda, the Chief Minister has to keep the Assembly informed about the several activities of the government through answering questions, creation statements, intervening in the debates, etc.

    Powers of the Chief Minister in Relation to the Executive

    Through virtue of being the head of the political executive, the Chief Minister controls the whole bureaucracy of the state. In this function, he is assisted through the Secretariat headed through the Chief Secretary. He approves all senior appointments like those of Secretaries, Additional/Joint/Deputy Secretaries. Heads of the Departments, Chairpersons and Managing Directors of Public Sector Undertakings, etc. Through his Cabinet, he controls their service circumstances and disciplinary matters. He gives them leadership to ensure good performance and good morale. At the same time, he has to keep a watch on their performance through administrative channels as well as through his own sources like party workers, complaints from aggrieved persons and actual observation throughout tours etc.

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