The State Council of Ministers: it’s Power and Functions

The State Council of Ministers: it’s Power and Functions

• The Constitution provides that there shall be a Council of Ministers with the Chief Minister at the head to aid and advice the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to act in his discretion.
• The governor appoints the Chief Minister and other Ministers on the advice of the Chief Minister.
• The Council of Ministers constitutes the real executive in the State. Although the administration is carried on in the name of the Governor, actual decisions are normally made by Ministers.
• Under ordinary circumstances, the Governor has to follow their advices. It is the duty of the Chief Minister of a State to communicate to the Governor regarding administration and the affairs of the State.
• Thus, in theory the Governor may dismiss a minister if he so likes, but in view of the collective responsibility of the Council of Ministers to the State Legislative Assembly, he is not likely to use this power in actual practice.
• The Constitution defines the position of the Council of Ministers in relation to the State Legislature by providing that the Council of Ministers is collectively responsible to the Legislative Assembly of the State. This means that they can remain in office only if they enjoy the support of a majority of members of the State Legislative Assembly.
• The number of the ministers is not fixed. It is for the Chief Minister to determine the size of the Council of Ministers and he does so as the requirements of the occasion may demand.; The only constitutional requirement is that in the States of Bihar, Madhya Pradesh, and Orissa the Council of Ministers must have a Minister in charge of Tribal welfare and the same Minister may also be entrusted with the welfare of the Scheduled Castes and Backward Classes in the State.

Powers and Functions of the Council of Ministers:

The Council of Ministers performs the following functions:

(i) Formulation of Policies:

The Ministers formulate the policies of the government. The Cabinet takes decisions on all major problems—public health, relief to the disabled and unemployed, prevention of plant diseases, water storage, land tenures and production, supply and distribution of goods. When it has formulated a policy, the appropriate department carries it out.

(ii) Administration and Maintenance of Public Order:

The executive power is to be exercised in such a way as to ensure compliance with State laws. The Constitution empowers the Governor to make -rules for the more convenient transaction of the business of the Government. All such rules are made on the advice of the Council of Ministers.

(iii) Appointments:

The Governor has the power to appoint the Advocate-General and the Members of the State Public Service Commission. The Vice-Chancellors of the State Universities and members of various Boards and Commissions are all appointed by the Governor. The Governor cannot make these appointments at his will. He must exercise these functions on the advice of his ministers.

(iv) Guiding the Legislature:

Most of the Bills passed by the Legislature are Government Bills, prepared in the ministries. They are introduced, explained and defended in the State Legislature by the Ministers. The Cabinet prepares the Governor’s Address in which it sets forth its legislative programme at the commencement of the first session of the Legislature each year.

For weeks at a stretch the Cabinet’s proposals take over every working moment of the House. The Cabinet makes sure that all government bills will be translated into laws.

(v) Control over the State Exchequer:

The State budget containing the estimates of income and expenditure for the ensuing year is placed by the Finance Minister before the State Legislature. The Legislature cannot take the initiative in the case of a Money Bill. Such a Bill must be recommended by the Governor and can be introduced only by a Minister. The initiative in financial matters lies with the Executive.

(vi) Execution of Central Laws and Decisions of the Union Government:

The Union Government is empowered to give directions to the State-governments in certain matters. The States should exercise their executive power so as to ensure compliance with the laws made by Parliament. They should not do anything which would hamper the executive power of the Union.

Railways, for instance, is a Union subject, but police, including railway police, is a State Subject. The Union Government can give directions to the State Executive as to the measures to be taken for the protection of railways within the State.