State Council of Minister (COM)
| Article 163 | COM headed by CM advice the Governor cannot be inquired in any court. |
| Art 164 | · CM – by governor advice COM.
· Added with the 91st amendment act of 2003. Minister shall hold office during the pleasure of the governor. · Minister was not a member of State Legislature for a period of six months shall cease to be Minister |
| CM +COM | · Max – 15% of total strength (including CM)
· Min – 12 (91st CA,2003) · During pleasure of Governor – collect responsible to SLA. · Oath by governor/ Minister 6 months/ to get membership. |
| Article 166 | Conduct of Business
All executive decision – governor Rules made by governor to transit – function. |
| Art 167 | Duties of COM:
· Communicate to the governor all decisions of COM relating to administration of state. · Furnish information for proposals. |
| Art 177 | Rt. of Minister as respect of the house. |
| NATURE OF ADVICE BY MINISTERS | Cannot be enquired in court.
In case of vagueness governor decision final. |
| 1971 SC | COM must exist to advice even after the dissolution or resignation.
Satisfaction of governor– satisfaction of COM. |
| APPOINTMENT OF MINISTERS | On only advice of CM
Minister 6 month to make membership – minister speak in either house or take part but vote in his/her house only. |
| Oath & salary | SLA governor |
| RESPONSIBILITY | Collective responsibility
164 – Collective resp. i.e. work as team Swim or together – no confidence motion No dissolution etc. Individual Responsibility Governor can remove a minister on advice of the CM, through COM enjoy majority. CM can ask for resignation. No Legal Responsibility No – Order of governor should not be content signed by minister. Court cannot query on the Nature |
| Cabinet | A smaller body called cabinet is the nucleus of the COM – it consist only of the Cabinet ministers – real centre of authority.
a. Highest decision making authority in the politico-administrative system of state. b. Chief policy formulating body of state-supreme executive authority. c. Chief coordinator of state administration – advisor to the governor. d. Chief crisis manager-deals with all emergency situations. e. Deals with all major legislative and financial matters. Works through various committees called cabinet committees – of two types – standing and ad hoc. |
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