COUNCIL OF MINISTERS
There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions [Art.163(1)]. The head of the State Council of Ministers is the Chief Minister. The Chief Minister is appointed by the Governor. Other Ministers are appointed by the Governor on the advice of the Chief Minister. Ministers shall hold office during the pleasure of the Governor (Art.164). The Council of Minister shall be collectively responsible to the Legislative Assembly of the State and individually responsible to the Governor. Any person may be appointed a Minister, but he ceases to be a Minister if he does not remain, for a period of six consecutive months, a member of the State Legislature.
Art.164 (1) of the Constitution provides that in the States of Chhattisgarh, Jharkhand, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who is in charge of the welfare of the Scheduled Castes and backward classes. Art.164 (1A) says that, the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of that State. [Inserted in the 91st Amendment Act, 2003]. However, the number of Ministers, including the Chief Minister in a State shall not be less than twelve in any case.
Relationship between Governor and CoM
Like the relationship of President with his CoM, Governor has also similar relations with his CoM. Governor generally acts according to the advice of his Council of Ministers. He has the right to be informed about the running of administration by the Chief Minister (Art.167).
(a) The Governor has the power to dismiss an individual Minister at any time.
(b) He can dismiss a Council of Ministers of the Chief Minister (whose dismissal means a fall of the Council of Ministers), only when the Legislative Assembly has expressed its want of confidence in the Council of Ministers, either by a direct vote of no-confidence or censure or by defeating an important measure.