The Hindu Editorial Analysis- 14th June 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Carry it forward 

Why in News?

Odisha’s newly sworn-in Chief Minister Mohan Charan Majhi, the first politician from the Bharatiya Janata Party (BJP) to occupy the post in the State, will also be making a new record while thwarting a long-standing one. His predecessor, Naveen Patnaik of the Biju Jana ta Dal, was the Chief Minister for 24 years and 99 days – the second longest tenure for any one in In dia, after Pawan Kumar Chamling who served 66 days longer in Sikkim.

Constitutional Foundations: Chief Minister’s Role in State Governance

The position of the Chief Minister at the state level is analogous to the position of PRIME MINISTER at the Centre.

• 163 – Council of Ministers to aid and advise the Governor.
• 164 – Says only that the Chief Minister shall be appointed by the Governor.
• CM is the real executive authority (de facto executive) in the parliamentary system of government. (Governor – Nominal; de jure executive)
• CM is the head of the government. (Governor is the head of the State)

The Constitution does not contain any specific procedure for the selection and appointment of the CM. It’s by and large, governed by parliamentary 

Chief Minister Appointment Process: Constitutional Guidelines and Parliamentary Conventions

• 164 – Says only that the Chief Minister shall be appointed by the GOVERNOR.
• However, the Governor is not free to appoint anyone as the Chief Minister.
• Conventions of the parliamentary system – The Governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.

Chief Minister Selection: Constitutional Provisions and Governor’s Discretion

 Chief Minister’s Tenure: Oaths, Terms, and Salary Dynamics

1. Governor administers to him the oaths of office and secrecy.
2. The term of the CM is not fixed and he holds office during the pleasure of the Governor.
3. So long as the CM enjoys the majority support in the legislative assembly, CM cannot be dismissed by the Governor.
4. In case of loss of confidence (majority) of the legislative assembly, CM must resign or the Governor can dismiss him.
5. The salary and allowances of the CM are determined by the state legislature from time to time. CM gets the salary and allowances that are payable to a member of the state legislature.

Chief Minister’s Tenure: Dynamics of Stability and Legislative Support

• The term of the CM is not fixed and he holds office during the pleasure of the Governor. So long as the CM enjoys the majority support in the legislative assembly, CM cannot be dismissed by the Governor.

Empowering the Chief Minister: Portfolios, Committees and Political Dynamics in State Governance

• CM appoints, dismisses, reshuffles the ministers.
• CM allots portfolios to ministers.
• CM’s death or resignation leads to dissolution of CoM.
• CM is chairperson of most of the appointment and selection committees in the state.
• CM is the chairperson of cabinet, CoM, and important cabinet committees.
• CM is the chief representative and communicative authority of the governor.
• CM becomes leader of the house of which he is a member.
• CM is usually the charismatic personality of the Party at state level.
• CM often equated with his party at state level.

Chief Minister’s Role in State Governance and Coordination

Role of Chief Minister (CM) with Respect to Governor

• Principal Channel of Communication (Art. 167): CM is the main link between the Governor and Council of Ministers (CoM).
• Duty to Inform (Art. 167): CM must communicate all CoM decisions to the Governor.
• Information Provision: CM furnishes any administration-related information requested by the Governor.
• Submission of Matters: If the Governor requires, CM submits for CoM consideration any minister's decision not yet reviewed by the CoM.
• Advisory Role: CM advises the Governor on appointments of key officials like the Advocate General, Chairman and members of the State Public Service Commission, and the State Election Commissioner.

Role of CM with Respect to Council of Ministers (CoM)

• Minister Recommendations: CM recommends individuals for ministerial appointments to the Governor.
• Portfolio Management: CM allocates and reshuffles ministerial portfolios.
• Ministerial Resignations: CM can ask a minister to resign or advise the Governor to dismiss a minister in case of disagreement.
• Presiding Over Meetings: CM chairs CoM meetings and influences decisions.
• Guidance and Coordination: CM guides, directs, controls, and coordinates all ministers' activities.
• CoM Stability: CM’s resignation leads to CoM collapse, while a minister's resignation creates a vacancy.
• Spokesperson: CM is the chief spokesperson for the state government.
• Party Leadership: CM leads the ruling party in the state.
• Political Head: CM is the political head of state services.

Role of CM with Respect to State Legislature

• Assembly Leadership: CM leads the state legislative assembly.
• Session Management: CM advises the Governor on summoning and proroguing legislative sessions.
• Assembly Dissolution: CM can recommend dissolving the legislative assembly to the Governor.
• Policy Announcements: CM announces government policies on the House floor.

Role of CM with Respect to Cabinet

• Cabinet Formation: CM constitutes the cabinet and allocates portfolios.
• Meeting Management: CM summons cabinet meetings and sets the meeting agenda.

Role of CM with Respect to Planning

• Inter-State and NITI Aayog: CM is a member of the Inter-State Council and Governing Council of NITI Aayog.
• State Planning Board: CM chairs the State Planning Board.
• Zonal Council: CM serves as vice-chairman of the zonal council by rotation for one year.
• Crisis Management: CM is the chief crisis manager at the political level during emergencies.
• Disaster Management: CM chairs the State Disaster Management Authority (SDMA).

Chief Minister and Governor Interaction in State Administration

• Article 163: There shall be a CoM with the CM at the head to aid and advise the Governor who shall, in the exercise of his functions, act in accordance with such advice, except in so far as he is required to exercise his functions or any of them in his discretion.
• Article 164: The CM shall be appointed by the Governor and the other ministers shall be appointed by the Governor on the advice of the CM.
  • The ministers shall hold office during the pleasure of the Governor.
  • The CoM shall be collectively responsible to the legislative assembly of the state.
• Article 167: It shall be the duty of the Chief Minister:
  • To communicate to the Governor of the state all decisions of the CoM relating to the administration of the affairs of the state and proposals for legislation.
  • To furnish such information relating to the administration of the affairs of the state and proposals for legislation as the Governor may call for.
  • If the Governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the CoM.

NOTE: Union home minister is the chairman of all the zonal councils.