Cheif Minister Flashcards
(12 cards)
Chief minister is nominal or real executive authority?
Real executive authority ( de facto executive)
What does the constitution say about the appointment of the CM?
No specific procedure for selection and appointment of CM
Which article provides CM appointment?
Article 164- CM shall be appointed by governor
How is CM appointed?
• Governor appoints the leader of the majority
• If no majority - then use his personal discretion
• appoints leader of the largest party or coalition - ask him to prove the majority in 1 month
• when CM dies in office and no obvious successor - use his discretion
Who appoints the Chief Minister in case of the death of a sitting Chief Minister?
The governor has no choice but to appoint the new leader elected by the ruling party.
Is it mandatory for a person to prove their majority in the legislative assembly before being appointed as Chief Minister?
No, the Constitution does not require proving majority before appointment.
What can the governor do if a person has not yet proved their majority in the assembly?
The governor may first appoint them as Chief Minister and then ask them to prove their majority within a reasonable period.
Can a person who is not a member of the state legislature be appointed as Chief Minister?
Yes, but they must be elected to the state legislature within six months.
What happens if a Chief Minister appointed without being a legislature member fails to get elected within six months?
They cease to be the Chief Minister.
Can a Chief Minister be a member of the Upper House (Legislative Council)?
Yes, although usually selected from the Lower House, a member of the Upper House has also been appointed as Chief Minister in some cases.
What was the Sarkaria Commission, and when was it active?
The Sarkaria Commission on Centre-State Relations was active from 1983 to 1988.
