Q1. Who appoints the Chief Minister of an Indian state?
- (a) President
- (b) Prime Minister
- (c) Governor
- (d) Lok Sabha
Answer & solution
Answer: (c) Governor
Under Article 164(1) the Chief Minister is appointed by the Governor, who by convention invites the leader of the majority party or coalition in the Legislative Assembly.
The other ministers are then appointed by the Governor on the Chief Minister's advice.
Revision note — The Chief Minister and the state executive
• Article 163 — there shall be a Council of Ministers with the Chief Minister at its head to aid and advise the Governor, except where he acts in his discretion.
• Article 164(1) — the Governor appoints the Chief Minister and, on the CM's advice, the other ministers, who hold office during the Governor's pleasure.
• Article 164(1A), inserted by the 91st Amendment, 2003 — the state Council of Ministers including the CM must not exceed 15 per cent of the Assembly's strength, subject to a minimum of 12.
• Article 164(2) — the Council of Ministers is collectively responsible to the Legislative Assembly, not to the Legislative Council.
• Article 167 — the Chief Minister must communicate every decision of the Council to the Governor and furnish any information he calls for.
• The Governor himself is appointed by the President under Article 155 and holds office during the President's pleasure under Article 156, the normal term being five years.
• A person who is not yet a member of the legislature may be appointed Chief Minister, but must get elected within six months.
Do not mix these up
• Who appoints whom — the President appoints the Governor; the Governor appoints the Chief Minister and the Advocate General (Article 165).
• Article 164 vs Article 75 — 164 governs the state Council of Ministers; Article 75 governs the Union Council of Ministers, which answers to the Lok Sabha.
Also asked from this topic: who appoints the Chief Minister of a state (the Governor); who appoints the Governor (the President, Article 155); who appoints the Advocate General (the Governor, Article 165).