The most powerful position in the state government is that of the Chief Minister. The CM is the executive head of the government and the head of the State Council of Ministers. The Chief Minister has similar powers in relation to state government as the Prime Minister at the national level. The CM is appointed by the governor and they are responsible for the administration of the state and for leading the ruling party or coalition in the state assembly. They also play a major role in representing the state at the national level and in negotiating with the central government.

Appointment of the Chief Minister of India

Constitutional provision: According to 164(1), the Chief Minister shall be appointed by the Governor. However, the Constitution does not specify any procedure for the appointment of the Chief Minister.

How is the Chief Minister of India appointed?

• Elections to assembly: Voters of a state vote for their representatives who are elected as the Members of legislative assembly (MLAs) who then choose the Chief Minister of the state.
• Leader of majority party or coalition: The party or coalition group having majority of MLAs in the state legislative assembly supports a candidate who is then appointed as Chief Minister by the Governor of the state.

What happens when no party or coalition has an absolute majority?

• If no party or coalition has an absolute majority in the state legislative assembly, the Governor can use the situational discretionary power to choose a Chief Minister. 
• In such cases, the governor usually invites a leader of the largest party or coalition in the state legislative assembly to form the government and asks them to prove the majority on the floor of the house within a specified time. 
• If no party or coalition is able to secure the confidence of the legislative assembly, it becomes necessary to hold new assembly elections.

Does a candidate need to be an MLA for appointment as the CM?

• The Chief Minister, at the time of their appointment, need not necessarily be a member of the state legislature. 
• But they must become a member of either house of the state legislature within six months of the date of appointment as the CM.
• For instance, Uddhav Thackerey was not a member of the state legislature of Maharashtra at the time of his appointment as the CM in 2019. The same was true in the case of appointment of Yogi Adityanath as the CM of Uttar Pradesh in 2017.

The CM may belong to either house of the state legislature (in case of bicameral legislature). For instance, the second CM of the Madras state, C. Rajagopalachari was the member of erstwhile legislative council of the then Madras state.

Governor’s Role in Administering Oath to the Chief Minister of India

The governor administers an oath of office and secrecy to the Chief Minister. Only after subscribing to such an oath, the CM can assume duties of their office.

Term of the Chief Minister of India

The Constitution does not define any term for the Chief Minister’s position.

• The CM remains in office as long as he/she enjoys confidence in the Lok Sabha.
• The CM must resign or can be removed from office by the governor, if the CM has lost majority support in the state legislative assembly.

Vacancy in the Office of Chief Minister of India

A vacancy in the office of the Chief Minister can arise due to following reasons:

• Completion of tenure: Tenure of the office of Chief Minister is linked to the life of the ongoing state legislative assembly which is five years. General elections for the state legislative assembly have to be conducted by the Election Commission of India before the completion of this five years-period.
• Death or resignation: If the CM dies suddenly or resigns, the council of ministers is also dissolved and a new CM is appointed by the Governor of the state who is usually nominated by the ruling party/coalition.
• Removal:  If the no-confidence motion is passed in the state legislative assembly, the government falls and the Chief Minister along with the entire council of ministers must resign.
• Other reasons: The CM has to resign if their election is declared void. Though, in this case they can continue to hold the office for six months within which they have to be elected as a member of state legislature.

Powers and Functions of Chief Minister of India

In Relation to the Council of Ministers

• Appointment of ministers: The CM decides the persons to be appointed as ministers and recommend their names to the Governor. Only those individuals who are suggested by the Chief Minister can be appointed as ministers by the Governor.
• Allocation of portfolios: The CM allocates various portfolios and ministries to the people appointed as ministers. Usually, people with high political stature in the ruling party are allocated important portfolios.
• Removal of ministers: In case of a disagreement, the CM may ask a minister to resign or recommend the Governor to remove such a minister.
• Leader of Council of ministers: The CM is responsible for decision making of the council of ministers.
  • If the Chief Minister resigns, the entire Council of Ministers is also dissolved and becomes non-functional.
• Command and coordination: The CM is responsible for command, coordination and guidance to the council of ministers.

In Relation to the Governor

Article 167 mentions the duties of CM with regard to furnishing information to the Governor. These duties of the Chief Minister are as follows:

• Principal channel of communication between the Governor and the council of ministers- When it comes to communication, the CM is a vital link between the Governor and the council of ministers. It is the Chief Minister’s responsibility-
  • To transmit all state administrative decisions and legislative initiatives from the Council of Ministers to the Governor.
  • Providing such information as requested by the Governor regarding the state’s administration and legislative proposals.
  • Any issue decided upon by a minister but has not yet been discussed by the council of ministers must be placed before the Governor, if the Governor asks for it.

Recommends for appointment in various offices: The CM advises the Governor on critical appointments for constitutional offices such as those for the Advocate General, SPSC’s chairman and members, state election commissioner etc. 

In Relation to the State legislature

The Chief Minister is the leader of the house of state legislature to which they belong and performs following functions in relation to the state legislature:

• Recommendations related to sessions of state legislature: The CM recommends the date of summoning and proroguing of sessions of the state legislature to the Governor.
• Dissolution of State legislative assembly: The CM can recommend the dissolution of the state legislative assembly to the Governor at any time.
• Announces Government policy: The CM announces the government policy on the floor of the house.

Other Powers and Functions of the Chief Minister of India

The CM is the Head of the State Planning Board. 

• The CM serves as the Vice-Chairperson of the concerned zonal council by rotation. They hold office for one year at a time.
• The CM is also a member of the Inter-State Council and the Governing Council of NITI Aayog, two groups that work for fostering cooperative federalism.
• The CM is the chief Spokesperson of the state government. 
• The CM is the crisis manager-in-chief at the state level.