Chief minister – Appointment Power and Functions :

In the Republic of India, a chief minister is the elected head of government of each of twenty-nine states and two union territories(Delhi and Puduchery). According to the Constitution of India, the Governor is a state's de jure head, but de facto executive authority rests with the chief minister. Following elections to the State Legislative Assembly (Vidhan Sabha) in a state, the state's governor usually invites the party (or coalition) with a majority of seats to form the government. The governor appoints and swears in the chief minister, whose Council of Ministers are collectively responsible to the assembly. Based on the Westminster system, given that he retains the confidence of the assembly, the chief minister's term can last for the length of the assembly's life—a maximum of five years (except in Jammu and Kashmir Legislative Assembly where it is maximum of six years). There are no limits to the number of terms that the chief minister can serve. A chief minister heads a state government's council of ministers and can be deputed in that role by a deputy chief minister. Current chief minister of Rajasthan is Ashok Gehlot.

Selection process :

Eligibility :

The Constitution of India sets the principle qualifications one must meet to be eligible to the office of the chief minister. A chief minister must be:

• A citizen of India.
• Should be a member of the state legislature. If a person is elected chief minister who is not a member of the legislature, then he/she must take sign from governor.
• Of 25 years of age or more.

An individual who is not a member of the legislature can be considered as the chief minister provided he/she gets himself/herself elected to the State Legislature within six months from the date of their appointment. Failing which, he/she would cease to be the chief minister.

Election :

The chief minister is elected through a majority in the state legislative assembly. This is procedurally established by the vote of confidence in the legislative assembly, as suggested by the governor of the state who is the appointing authority. They are elected for five years.The chief minister shall hold office during the pleasure of the governor.

Oath :

Since, according to the constitution, the chief minister is appointed by the governor, the swearing in is done before the governor of the state.

Resignation :

In the event of a Chief Minister's resignation, which conventionally occurs after an election or during a phase of assembly transition, the outgoing minister holds the informal title of "caretaker" chief minister until the Governor either appoints a new chief minister or dissolves the assembly. Since the post is not constitutionally defined, the caretaker chief minister enjoys all the powers a regular chief minister possesses, but is expected not to make any major policy decisions during his/her short tenure as caretaker.

Remuneration :

By Article 164 of the constitution of India, remuneration of the chief minister as well as other ministers are to be decided by the respective state legislatures. Until the legislature of the state decide salary shall be as specified in the second schedule. Hence this varies from state to state..

Powers and Functions of the Chief Minister :

The Chief Minister holds a pivotal position in the working of the State Government. He has enormous powers and vast responsibilities.

1. To Aid and Advice the Governor:

The Chief Minister is the link between the Cabinet and the Governor. It is he who communicates to the Governor all decisions of the Council of Ministers. He has to furnish such information relating to the administration of the State as the Governor may call for.

The Governor can submit to the consideration of the Council of Ministers any matter on which decision has been taken by a Minister but which has not been considered by the Council of Ministers.

The Governor appoints a large number of top officials of the State. He also summons and prorogues the sessions of State Legislature. All such powers are exercised by the Governor on the advice of the Chief Minister. The Chief Minister, however, has no right to give advice to the Governor in relation to the functions which he exercises in his discretion.

2. The Chief Minister is at the Head of the Council of Ministers:

As Head of the State Cabinet, the Chief Minister enjoys the following powers:

(i) Formation of the Ministry: The other Ministers are appointed by the Governor on the advice of the Chief Minister. The Chief Minister has a free hand in preparing the list of his colleagues. The Governor may suggest the names of the persons to be included in the Ministry, but he cannot insist upon any person to be included in the Ministry. Assigning departments or portfolios to the Ministers is done by the Governor on the advice of the Chief Minister.

(ii) Removal of Ministers: The Ministers hold office during the pleasure of the Governor. This, however, does not mean that the Governor can dismiss his Ministers at his will. The Government is in fact dependent on the Chief Minister. Therefore, the Chief Minister can reconstruct his Ministry as and when he likes. He may ask anyone of his colleagues to resign. If he declines, he will be dismissed by the Governor.

(iii) The Chief Minister Presides over the Meetings: As Chairman of the Cabinet, the Chief Minister has a position which enables him to impose his decision. It ‘is he who controls the agenda for the Cabinet meetings. It is for the Chief Minister to accept or reject proposals for Cabinet discussion.

 (iv) Co-ordinates the Working of various Departments: The Chief Minister supervises and co­ordinates policies of the several Ministers and Departments. Several ministries are involved in the formulation and implementation of a policy.

The Chief Minister must bring these activities into reasonable relationship with one-another. In matters of public order, roads and bridges agriculture, land revenue and production, supply and distribution of goods, he plays a special role in directing the policy of the Government.

3. The Chief Minister is the Leader of the House:

The Chief Minister is the leader of the State Legislative Assembly. All principal announcements of policy are made by him. The Chief Minister intervenes in debates of general importance. He can appease an angry House by promising immediate relief or concessions when needed.