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|
164 – Collective resp. i.e. work as team
Swim or together – no confidence motion
No dissolution etc.
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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