Article 2: Chief Minister: Appointment, Powers, and Removal
Why in news: Bihar politics is in focus as Samrat Choudhary is set to become the first BJP Chief Minister, staking claim before Governor Syed Ata Hasnain to form a new NDA government.
Key Details
- The Chief Minister is the real executive head of the State under Article 164.
- Appointed by the Governor, usually from the majority party/coalition.
- Must maintain majority support in the Legislative Assembly.
- Heads the Council of Ministers, ensuring collective responsibility.
- Can be removed mainly through loss of majority (floor test).
- Other removal modes include resignation, disqualification, or President’s Rule.
Chief Minister: Position & Appointment
- The Chief Minister is the real executive head of the State; the Governor is only the constitutional head.
- Appointed by the Governor under Article 164.
- Normally, the leader of the majority party/coalition in the Legislative Assembly is invited.
- In case of a hung assembly, the Governor may exercise discretion in appointing the CM.
- A person who is not a legislator can be appointed but must get elected within 6 months.
Tenure & Majority Support
- Holds office “during the pleasure of the Governor”, but practically depends on Assembly majority.
- No fixed tenure; continues as long as confidence of the House is retained.
- Must prove majority if doubt arises (floor test).
- Loss of coalition support can reduce majority.
- Minority governments survive through outside support.
Collective Responsibility
- The Council of Ministers is collectively responsible to the Legislative Assembly.
- The CM is the head of the Council of Ministers and coordinates their functioning.
- If the CM resigns, the entire Council stands dissolved automatically.
- Ministers hold office at the pleasure of the Governor, but effectively under CM’s advice.
- CM can recommend removal of ministers to the Governor.
Removal by Loss of Majority
- Most common method: defeat in a floor test in the Legislative Assembly.
- Can arise due to no-confidence motion or withdrawal of support.
- Supreme Court has emphasized floor test as the proper method to determine majority.
- Speaker plays a key role in conducting proceedings.
- Failure to prove majority leads to resignation or dismissal.
Removal by Governor
- Governor may dismiss the CM if they refuse to resign after losing majority.
- This power is exceptional and controversial.
- Must be exercised in line with constitutional morality.
- Subject to judicial review by courts.
- Arbitrary dismissal has been criticized in several cases.
Resignation by Chief Minister
- CM may resign voluntarily due to political crises, defeat, or moral responsibility.
- Resignation is submitted to the Governor.
- Often occurs after electoral defeat or internal party conflict.
- CM may continue as caretaker till a new government is formed.
- Entire Council of Ministers resigns along with the CM.
Other Situations of Removal
- If CM ceases to be a member of the legislature and fails to get elected within 6 months.
- Disqualification under laws like the Anti-Defection Law.
- Death or serious incapacity creates a vacancy.
- Imposition of President’s Rule (Article 356) leads to removal of the State government.
- Court decisions (e.g., conviction leading to disqualification) can also force removal.
Conclusion
The Chief Minister occupies a central position in State governance, combining political leadership with executive authority. While formally appointed by the Governor, the office’s stability rests on legislative majority. Removal mechanisms, especially the floor test, uphold democratic accountability. Overall, the system ensures that the Chief Minister remains answerable to the elected Assembly, reinforcing responsible government and constitutional balance in States.