The council of ministers headed by the chief minister is the real executive at the state level. The council of ministers, in the capacity of real executive, decides on a broad policy framework for the progress and development of a state. The selection of members to the council of ministers is decided by the chief minister and these ministers are appointed by the governor on the recommendation of the chief minister.

Constitutional Provision for the State Council of Ministers in India: Role and Functions

Article 163 of the constitution mentions that there shall be a council of ministers with the CM at the head to aid and advise the Governor in the exercise of his functions, except in so far as the functions in which the governor is mandated by the constitution to act in his discretion.

Appointment of Ministers in the State Council of Ministers in India

• Constitutional provision: As per article 164, the ministers at the state level are appointed by the Governor on the advice of the CM.
• Tribal welfare minister: The constitution makes a specific provision for the Tribal Welfare Minister in the states of Madhya Pradesh, Chhattisgarh, Jharkhand and Odisha.
  • This provision was previously applicable to Bihar as well. However, the provision was removed by the Constitution (94th Amendment) Act, 2006. This is because there are no scheduled areas in Bihar at present. Also, the number of Scheduled Tribes population in the state is low.
• Ministers may belong to either house of the state legislature. 
• A person who is not a member of either house of the state legislature can also be appointed as a minister. But such a person must get elected to either house of the state legislature, within six months of their appointment as a minister, in order to continue as minister.

Term of Ministers in the State Council of Ministers in India

• Constitutional provision: As per article 164, ministers hold their office during the pleasure of the governor.
• However, the pleasure of the governor in the above provision essentially means the pleasure of the Chief Minister. Because, it is the CM who can ask a particular minister to resign or advise the Governor to remove a particular minister.

Oath of Office and Secrecy for Ministers in the State Council of Ministers in India

Oath of office and secrecy is administered to the ministers by the Governor. It is only after the subscription to such an oath that the ministers assume charge of their respective offices.

Size of the State Council of Ministers in India

The Constitution (91st Amendment) Act, 2003: 

• Maximum strength: Total number of ministers, including the CM, in the council of ministers shall not exceed 15% of the total number of members of the state legislative assembly. 
• Minimum strength: Amendment also prescribed a minimum number of ministers in the council of ministers at the state level. Number of ministers, including the CM, shall not be less than 12. It should be noted that such a provision regarding minimum strength was not made in the case of the Union council of ministers.
• Before this amendment, there was no restriction on the number of members that can constitute a council of ministers. 
  • For instance, the size of the council of ministers in Uttar Pradesh during the Kalyan Singh led government in 1997 was a whopping 93 members. It was also called jumbo-sized ministry.
• This amendment is in line with the principle of ‘minimum government, maximum governance’.