PRIME MINISTER & CHIEF MINISTER

PRIME MINISTER & CHIEF MINISTER

 

Parliamentary System of Government

At Centre

President – Nominal Executive (‘de jure) executive i.e. Head of Country

PM – Real Executive (‘de facto) executive i.e. Head of Government

 

At State

Governor – Nominal Executive (‘de jure) executive i.e. Head of State

CM – Real Executive (‘de facto) executive i.e. Head of Government

 

PARAMETERS

PRIME MINISTER (PM) CHIEF MINISTER (CM)
 

 

 

 

 

 

 

APPOINTMENT & OATH

  • Article – 75.
  • By President.
  • Article – 164.
  • By Governor.
  • Constitution does not contain any specific procedure. Convention of Parliamentary system Leader of majority party is appointed as PM/CM.
  • In case of no clear majority President/Governor may exercise their personal discretion in the selection and appoints PM/CM respectively. PM/CM has to seek vote of confidence within a Month in their respected House.
  • When the PM/CM in office dies suddenly and there is no obvious successor the President/Governor may have to exercise his individual judgement in the selection and appointment of the PM/CM.
  • Constitutionally, the PM/CM may be a member of any of the two Houses of a Parliament/State Legislature.
  • A person who is not a member of the Parliament/State legislature can be appointed as PM/CM for six months, within which time, he should be elected to the Parliament/State legislature. (Provided by Supreme Court in one of the judgments).
TERM
  • Not fixed, holds office during the pleasure of the President.
  • Not fixed, holds office during the pleasure of the Governor.
SALARY
  • Determined by Parliament.
  • Determined by State legislature.
 

 

POWERS & FUNCTIONS

  • Article 74/163: Council of ministers with the PM/CM as the head to aid and advice the President/Governor on the exercise of his functions.
  • Article 75/164: Other ministers shall be appointed by the President/Governor on the advice of the PM/CM, all ministers shall hold office during the pleasure of the President/Governor and shall be collectively responsible to the House of people/legislative assembly of the state.
  • Resignation or Death of PM/CM automatically dissolves the council of ministers.

 

Trick to Remember Articles– Difference of ‘89’ between Central and State Government i.e. Executive + Legislative organ in most of the case (not all). Ex- Appointment of PM/CM – 75 + 89 = 164.

 

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