Appointment, Oath, Term and Salary of the Chief Minister
A chief Minister is the elected head of Government of the State and is vested with most of the executive powers. He or she enjoys the support of legislators of the Political party or coalition commanding a majority in assembly. The Governor is the Nominal Executive Authority (dejure executive) whereas the Chief Minister is the Real Executive Authority (de facto executive).
Appointment of the Chief Minister
Article 164(1) holds that the Chief Minister shall be appointed by the Governor. But, following the Parliamentary form of Government, the Governor has to appoint the leader of the majority party in the State Legislature as the Chief Minister. The Governor can apply his discretion when no party has a clear majority.
There are no educational or other qualifications appointments of Chief Minister. Under the Constitution, it is required that such person shall be citizen of India and should posses qualification as required the becoming a member of the Legislative assembly. Such a person could be a member of either House of the Legislature or even an outside though in case, if he is not a member, he will have to become a member within 6 months from the date of sworn in the Governor mat first appoint the chief minister then ask him to prove his majority in the legislative Assembly within a reasonable period.
The significant suggestions made by the Punjabi Commission is lying down of clear guidelines for the appointment of chief ministers. Upholding the view that a pre-poll Alliance should be treated as one political party, it lays down the order of precedence that ought to be followed by the Governor in case of a huge assembly
– Call the group with the largest Pre-Poll Alliance commanding the largest number.
– The single largest party with support of others.
– The Post-electoral coalition with all parties joining the government.
The Post-electoral Alliance with some parties joining the government and remaining including independents supporting from outside.
Oath, Term and Salary
The Chief Minister swears to bear true faith and allegiance to the Constitution of India and to upload the sovereignty and integrity of India. He also swears to faithfully and conscientiously discharge the duties of his office and to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.
The salary and allowances of the Chief Minister are determined by the State Legislature from time to time. He/she is also entitled to get a sumptuary allowance, free accommodation, traveling allowance and medical facilities etc. The Term of the Chief Minister is not fixed and he holds office during the pleasure of the Governor. But, the Governor cannot dismiss Chief Minister as long as the Chief Minister enjoys the majority support in the legislative Assembly. However, if he loses the confidence of the Legislative Assembly, he must resign or the Governor can dismiss him.