Thursday, June 12, 2014

PM, CM and Ministers

PM/ CM are the real head of the executive at union/ state level.

Prime Minister



Appointment

Constitution says (art. 75) : PM shall be appointed by Prez
Parliamentary Convention : Prez appoints leader of majority party in LS. (because that party has to prove majority on the floor of the house as per the collective responsibility (art. 75))

The person thus appointed must be a member of LS or RS. (If not a member already, must get elected within 6 months) [in 1997, SC held the same]

Oath By Prez

Powers and Functions

  • wrt council of ministers
  • wrt President
  • wrt Parlament
  • other powers

Union Council of Ministers



Art 74 and 75

Cabinet Committees
provided by rules of business (not by the constitution)
types

  • standing
  • ad-hoc
more imp. committees are
  • CCEA
  • Political Affairs committee 
  • Parliamentary Affairs Committee (headed by HM)


Chief Minister



Constitution says (art. 164) : PM shall be appointed by Prez
Parliamentary Convention : Prez appoints leader of majority party in LS. (because that party has to prove majority on the floor of the house as per the collective responsibility (art. 75))

The person thus appointed must be a member of LS or RS. (If not a member already, must get elected within 6 months) [in 1997, SC held the same]

Oath By Governor

Powers and Functions

  • wrt council of ministers
  • wrt President
  • wrt Parlament
  • other powers

State Council of Ministers



Art 163 and 164

Cabinet Committees
provided by rules of business (not by the constitution)
types

  • standing
  • ad-hoc

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