Why In The News?
- JD(U) leader Nitish Kumar took oath as Bihar Chief Minister for the 9th time.
Constitutional Provisions:
=> The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
=> Article 163(1) of the Constitution says “there shall be a Council of Ministers with the Chief Minister (CM) at the head to aid and advise the Governor in the exercise of his functions”.
=> Article 164(1) says “the Chief Minister (CM) shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the CM”.
Appointment of the CM:
=> In accordance with the conventions of the Parliamentary system of government, the Governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
=> When no party has a clear majority in the assembly, then the Governor may exercise his personal discretion in the selection and appointment of the Chief Minister.
=> According to the Constitution, the Chief Minister may be a member of any of the two Houses of a state legislature.
=> A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he/she should be elected to the state legislature, failing which he ceases to be the Chief Minister.
Oath ceremony of CM:
=> The third Schedule of the Indian Constitution prescribes the “Forms of Oaths or Affirmations”.
=> The Oath, usually administered by the Governor, is a formal pledge to uphold the constitution and discharge the duties of the office faithfully.
Powers and functions of the Chief Minister:
=> The Chief Minister advises the governor with regard to the summoning and proroguing of the sessions of the state legislature.
=> CM is the main link between the Governor and the Ministers and is the head of the State Legislative Assembly.
=> CM can recommend the dissolution of the legislative assembly to the governor at any time.
=> CM acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time.