SSC
Which provision of the Constitution states that the Chief Minister shall be appointed by the Governor, and the other ministers by the Governor on the advice of the Chief Minister?
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option D — Article 164(1)
Detailed Solution
Article 164(1) of the Constitution provides that the Chief Minister shall be appointed by the Governor, and the other ministers shall be appointed by the Governor on the advice of the Chief Minister; the ministers hold office during the pleasure of the Governor.
Appointment of the Chief Minister:
- The Governor appoints as Chief Minister the leader of the party or coalition that has a majority in the State Legislative Assembly.
- If no party has a clear majority, the Governor may use discretion in choosing the Chief Minister, and ask him or her to prove the majority on the floor of the House within a given time.
- A person who is not a member of the state legislature can be appointed Chief Minister, but must become a member within six months.
- The Chief Minister can be a member of either House of the state legislature, if the state has a Legislative Council.
Other provisions of Article 164:
- The Council of Ministers is collectively responsible to the State Legislative Assembly.
- The Governor administers the oath of office and secrecy to the ministers.
- In the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a minister in charge of tribal welfare.
Role of the Chief Minister:
- The Chief Minister is the real executive head of the state government, while the Governor is the constitutional head.
- The Chief Minister advises the Governor on the appointment of ministers and the distribution of portfolios.
The S. R. Bommai case (1994):
The Supreme Court held that the majority of a government must be tested on the floor of the Assembly, not in the Governor's residence.
Why not the other options?
- ✗Article 154(1) vests the executive power of the state in the Governor; Article 163(1) provides for a Council of Ministers to aid and advise the Governor; Article 168(1) deals with the constitution of state legislatures.
Quick tip
Remember: Article 164(1) = Chief Minister appointed by the Governor, other ministers on the CM's advice; ministers hold office during the pleasure of the Governor.
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State Executive & Legislature — Preparation
This question tests your understanding of State Executive & Legislature, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers government at the state level: the Governor, the Chief Minister and the State Council of Ministers, the Advocate General, the State Legislature, including the legislative councils in states that have them, and the special provisions for certain states. Questions usually cover the appointment and powers of the Governor, the Governor's discretionary powers, which states have a bicameral legislature, and how a legislative council is created or abolished (Article 169). Remember that the Governor is appointed by the President and holds office during the President's pleasure. Practise the state executive and legislature questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.