Rajasthan Polity & Administration

Council of State Ministers

Council of State Ministers

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Concept Breakdown

Detailed technical explanation

Council of State Ministers

According to our constitution in the stateto advise the GovernorOnecouncil of ministersArrangements were made. Apart from the work done by the Governor at his discretion, the Council of Ministers gives him advice and assistance in other governance related work.

Article 163According to this, there will be a Council of Ministers, headed by the Chief Minister, to aid and advise the Governor.

appointment of ministers

By the Governor on the advice of the Chief Minister.

A minister can participate in the proceedings of any House but can vote only in the House of which he is a member.

Responsibilities of Ministers

collective responsibility

Article 164(2)The Council of Ministers for all its functions as percollectively responsible to the assemblyThat is, the Council of Ministers can remain in office only as long as it has the confidence of the Legislative Assembly.

If the Assembly passes the no-confidence motion, the Council of Ministers will have to resign.

personal accountability

Article 164(1)Inpersonal accountabilityThe principle of is shown. According to this, ministers will hold office during the pleasure of the Governor. That is, the Governor can dismiss a minister from the post even when the Council of Ministers has the confidence of the Assembly. But this work is done by the Governor in consultation with the Chief Minister. The Chief Minister himself can also ask for resignation from any minister.

no legal liability

in the Indian Constitution**State ministers do not have legal responsibility like Union ministers.**Is. No order of a public act by the Governor requires the signature of the Minister. Additionally, the Court cannot review the advice given to the Governor by the Ministers.

structure

The size of the Council of Ministers is not mentioned in the original Constitution but91st Constitutional Amendment(2003)according toGot an umbrella built and got other umbrellas renovated. After this Maharajasize of15 percent of the total number of members of the AssemblyCannot exceed.Minimum 12 members.

Currently there are 200 seats inside the Rajasthan Assembly.

A special minister will be appointed for the welfare of tribals in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.

Formation of Council of Ministers

The post of minister was not classified in the original Constitution. The Chief Minister decides this according to time and circumstances.

Like the Centre, there are three types of ministers in the Council of Ministers at the state level also.

  1. cabinet minister
  2. Minister of State
  3. Deputy Minister

cabinet minister

a small part of the council of ministersCabinetIs called. The word Cabinet is mentioned in the Constitution.Article 352Has been done in. In this, there are architects of governance. Cabinet members are called Cabinet Ministers. All important departments are given to cabinet ministers. And they play an important role in determining policies.

Minister of State

They may be attached to the cabinet or may also be given independent charge. They are not members of the cabinet and can participate in the cabinet only when they are called.

Deputy Minister

They act as aides to cabinet ministers. They are not cabinet members and are not given independent charge.

parliamentary secretary

It is necessary to mention here that there is also another category of ministers, called Parliamentary Secretaries. He comes in the last category of the Council of Ministers. Which is also called ministry. They do not have any department. They are appointed to assist senior ministers in their parliamentary work. They are appointed by the Chief Minister. Whereas ministers are appointed by the Governor.

cabinet committees

The Cabinet functions through various types of committees, which are called Cabinet Committees. These are of two types -permanent and short term. These are constituted by the Chief Minister as per the circumstances and requirement. Therefore, their number, structure etc. vary from time to time.

Functions and powers of the Council of Ministers

The entire governance in the state is carried out by the Council of Ministers. The functions and powers of the Council of Ministers are as follows –

The Council of Ministers exercises the real executive powers of the state. Every minister is the head of his department. The Council of Ministers is responsible to the Legislative Assembly for running the administration.

The Council of Ministers formulates policies for the administration of the state. Finds solutions to the political, economic and social problems of the state.

The Governor makes appointments to higher posts only on the recommendation of the Council of Ministers.

The Council of Ministers has an important role in law making. Ministers not only prepare bills for law making but also present them in the Legislature and also play an important role in getting them passed.

The Council of Ministers prepares the budget and the Finance Minister presents it in the Legislature.

The Council of Ministers represents the government in the Legislature and answers various questions of the Assembly such as starred, unstarred, short notice questions.

The Council of Ministers is collectively responsible to the Legislative Assembly. In the era of coalition government, the collective responsibility of the Council of Ministers has decreased. Ministers follow the instructions of their party leader instead of the Chief Minister. They themselves have started criticizing the decisions of the Council of Ministers, which is reducing collective responsibility.

Advocate General

of the constitutionArticle 165in the stateAdvocate GeneralArrangements have been made. He is the highest law officer of the state. In this way he is complementary to the Attorney General of India.

The Governor of every State shall appoint a person qualified to be appointed a Judge of a High Court as Advocate General of the State. (Article 165)

It shall be the responsibility of the Advocate General to advise the Government of that State on such matters of law and to perform such other duties of a legal nature as the Governor may direct or assign from time to time and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

It is noteworthy that the Advocate General will hold office during the pleasure of the Governor and will receive such remuneration as may be determined by the Governor.

The Advocate General of a State shall have the right to speak in the Legislative Assembly of that State or, in the case of a State having a Legislative Council, in both Houses and otherwise take part in their proceedings, but he shall not have the right to vote. (Article 177)

Topic Quiz Practice

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Question 1

Which of the following statements is incorrect regarding the code of conduct for ministers of Rajasthan?