Polity
State Executive and Legislature
Chief Minister, Council of Ministers and Advocate General
CGPSC notes on the Chief Minister and state Council of Ministers (Arts 163–167, 15% cap, tribal welfare minister) and the Advocate General (Arts 165, 177).
Prerequisites
- Governor: Powers, Discretion and Assent to Bills — the Council of Ministers exists to “aid and advise” the Governor (Art 163).
- The Union Executive — the Prime Minister and Union Council of Ministers, the model for this page.
The Hook: Why Chhattisgarh’s Cabinet Went to Court
Connect
On 20 August 2025, three first-time BJP MLAs took oath at Raj Bhavan, Raipur, raising Chief Minister Vishnu Deo Sai’s council of ministers from 11 to 14 (including the CM), the largest in the state’s history. Within days, a public interest petition in the High Court at Bilaspur asked a simple arithmetic question: if the Constitution caps the ministry at 15% of the Assembly, and Chhattisgarh has 90 MLAs, is the limit 13 or 14?
That one question touches the 91st Amendment, the Governor’s role and collective responsibility. Who really runs a state government, how big can it be, and who advises it on the law? This page answers all three.
Why it matters: The 15% cap and the minimum of 12 (91st Amendment), the tribal welfare minister proviso (Chhattisgarh is named in it), Art 164(4)’s six-month rule and the Advocate General’s right to speak but not vote are classic Prelims facts. Mains asks about the CM’s role and coalition or cabinet governance.
The Real Executive
Under the parliamentary system the Governor is the nominal (de jure) executive and the Chief Minister (मुख्यमंत्री) heading the Council of Ministers (मंत्रिपरिषद) is the real (de facto) executive.
| Article | Provision |
|---|---|
| 163 | Council of Ministers with the CM at the head to aid and advise the Governor (except in discretion) |
| 164(1) | CM appointed by the Governor; other ministers appointed by the Governor on the CM’s advice; ministers hold office during the pleasure of the Governor |
| 164(1) proviso | Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha must have a Minister in charge of tribal welfare, who may also handle welfare of Scheduled Castes and backward classes |
| 164(1A) | Total ministers including the CM shall not exceed 15% of the total strength of the Legislative Assembly, and shall not be less than 12 (91st Amendment, 2003) |
| 164(1B) | A member disqualified for defection (Tenth Schedule) cannot be a minister until his term ends or he is re-elected (91st Amendment, 2003) |
| 164(2) | Council of Ministers is collectively responsible to the Legislative Assembly |
| 164(3) | Oath of office and secrecy administered by the Governor (forms in the Third Schedule) |
| 164(4) | A non-member can be a minister for at most six consecutive months unless he becomes a member of the state legislature |
| 164(5) | Salaries and allowances of ministers determined by the state legislature |
| 166 | Conduct of business: all executive action in the Governor’s name; Governor makes rules for allocation of business |
| 167 | Duties of the CM: communicate all decisions of the Council to the Governor; furnish information he calls for; place before the Council any matter decided by a single minister if the Governor so requires |
Tribal welfare minister: Chhattisgarh in the text
The proviso to Art 164(1) originally named Bihar, Madhya Pradesh and Odisha. The 94th Amendment (2006) removed Bihar (most of its tribal areas had gone to Jharkhand) and added Chhattisgarh and Jharkhand. So Chhattisgarh is one of only four states named in this clause, a favourite Prelims detail. It reflects the state’s large Scheduled Tribe population and its Fifth Schedule areas. See Tribes of Chhattisgarh.
The Chief Minister
Appointment
- The Constitution has no specific procedure. Convention: the Governor appoints the leader of the majority party (or coalition) in the Assembly.
- In a hung Assembly or when a CM dies with no obvious successor, the Governor uses situational discretion, but the chosen CM must prove majority on the floor within the time the Governor fixes (S.R. Bommai, 1994).
- A person who is not a member of the state legislature can be appointed CM, but must become a member within six months (Art 164(4)). The CM may be a member of either House in a bicameral state; many CMs of Uttar Pradesh, Bihar and Maharashtra have been members of the Legislative Council.
- S.R. Chaudhuri v. State of Punjab (2001): a non-member who fails to get elected within six months cannot be reappointed as a minister during the same Assembly’s term without being elected. Repeated six-month appointments would defeat representative democracy.
Term, oath and salary
- Term not fixed; holds office during the pleasure of the Governor. But the Governor cannot dismiss a CM who enjoys the Assembly’s majority.
- Oath of office and secrecy before the Governor.
- Salary and allowances fixed by the state legislature.
- Resignation or death of the CM dissolves the whole Council of Ministers. Resignation of any other minister only creates a vacancy.
Powers and functions
| In relation to | Powers |
|---|---|
| Council of Ministers | Recommends who is appointed minister; allocates and reshuffles portfolios; can ask a minister to resign or advise the Governor to dismiss him; presides over meetings; guides and coordinates all ministers |
| Governor | Principal channel of communication (Art 167); advises on appointing the Advocate General, State Election Commissioner, State PSC chairman and members |
| State legislature | Advises the Governor on summoning and proroguing sessions; can recommend dissolution of the Assembly; announces government policy on the floor |
| Other | Member of the Inter-State Council (Art 263) and the NITI Aayog Governing Council; serves by rotation as vice-chairman of the Zonal Council (Chhattisgarh is in the Central Zonal Council with Madhya Pradesh, Uttar Pradesh and Uttarakhand); political head of the services; crisis manager-in-chief |
The Council of Ministers
Size: the 91st Amendment (2003)
Before 2003, some states ran huge ministries (sometimes described as “jumbo cabinets”) to reward defectors and coalition partners. The 91st Amendment fixed:
$$\text{Ministers (incl. CM)} \le 15\% \text{ of Assembly strength}, \qquad \text{and} \ge 12$$
Chhattisgarh: 13 or 14?
- 15% of 90 = 13.5. For years Chhattisgarh read this as a cap of 13 (rounding down), and its ministries had 13 members including the CM.
- On 20 August 2025 the ministry was expanded to 14 including the CM. The state government cited the “Haryana model”: Haryana, also with a 90-member Assembly, has a 14-member ministry.
- The expansion was challenged by a PIL in the High Court of Chhattisgarh (August–September 2025). Check the latest position of that case before quoting a final answer in Mains.
- Exam-safe facts: the cap is 15% of the Assembly’s total strength including the CM; the minimum is 12; and Art 164(1A) came from the 91st Amendment, 2003.
Composition
| Category | Role |
|---|---|
| Cabinet ministers | Head important departments; attend cabinet meetings; make policy |
| Ministers of state | May hold independent charge of a department or be attached to cabinet ministers |
| Deputy ministers | Assist cabinet ministers or ministers of state |
The Constitution does not classify ministers. The rank structure is set by convention and by the CM. The word “cabinet” appears in the Constitution only once, in Art 352 (for the Union cabinet), added by the 44th Amendment.
Responsibility
| Type | Meaning |
|---|---|
| Collective (Art 164(2)) | The whole Council of Ministers is responsible to the Legislative Assembly, not to the Legislative Council. A successful no-confidence motion in the Assembly brings down the entire ministry. Every minister must support Cabinet decisions publicly or resign |
| Individual | Ministers hold office during the pleasure of the Governor, so the Governor can remove a minister on the CM’s advice even when the ministry enjoys a majority |
| Legal | No constitutional provision for the legal responsibility of a minister in India (unlike Britain, where a minister countersigns acts of the Crown). Courts cannot inquire into the advice tendered to the Governor (Art 163(3)) |
Chhattisgarh’s Chief Ministers
| # | Chief Minister | Party | Tenure |
|---|---|---|---|
| 1 | Ajit Jogi | INC | 2000–2003 (first CM) |
| 2 | Raman Singh | BJP | 2003–2018 (three consecutive terms, the longest-serving CM) |
| 3 | Bhupesh Baghel | INC | 2018–2023 |
| 4 | Vishnu Deo Sai | BJP | Since 13 December 2023 (as of 2026) |
In the 2023 Assembly election the BJP won 54 of 90 seats, the INC 35 and the Gondvana Gantantra Party 1.
The Advocate General (महाधिवक्ता)
The Advocate General is the highest law officer of the state, the state-level counterpart of the Attorney General for India (Art 76).
| Point | Detail |
|---|---|
| Article | 165 |
| Appointed by | The Governor |
| Qualification | Qualified to be appointed a judge of a High Court: a citizen of India who has held a judicial office for 10 years or been an advocate of a High Court for 10 years |
| Term | Not fixed by the Constitution |
| Removal | No procedure or grounds in the Constitution; holds office during the pleasure of the Governor. By convention he resigns when the government changes, because he is appointed on the advice of the ministry |
| Remuneration | Determined by the Governor (not fixed by the Constitution) |
| Duties | Advise the state government on legal matters referred by the Governor; perform other legal duties assigned by the Governor; discharge functions conferred by the Constitution or any law |
| Rights in the legislature (Art 177) | Right to speak in and take part in the proceedings of the House(s) and their committees (where named a member), but no right to vote |
| Privileges (Art 194(4)) | Enjoys the same privileges and immunities as a member of the state legislature |
Chhattisgarh angle
As of 2026, the Advocate General of Chhattisgarh is Vivek Sharma, appointed by notification of 21 November 2025. He had been an Additional Advocate General at Bilaspur and succeeded Prafull N. Bharat (appointed January 2024). The Advocate General’s office is located at Bilaspur, the seat of the High Court of Chhattisgarh.
Advocate General vs Attorney General
| Point | Advocate General (state) | Attorney General (Union) |
|---|---|---|
| Article | 165 | 76 |
| Appointed by | Governor | President |
| Qualification | Qualified to be a High Court judge | Qualified to be a Supreme Court judge |
| Remuneration | Determined by the Governor | Determined by the President |
| Right to speak in legislature | Art 177 | Art 88 |
| Privileges as member | Art 194(4) | Art 105(4) |
| Vote in legislature | No | No |
Analysis for Mains: Is the CM “First Among Equals”?
- Formally the CM is first among equals in a collegial council. In practice, with a clear majority, the CM dominates: he picks and drops ministers, controls the party and the bureaucracy and, through the Governor, decides when the Assembly meets.
- Coalitions dilute this: coordination committees and common minimum programmes constrain the CM, and the 91st Amendment’s 15% cap limits the number of berths to share.
- Centre–state dynamics: a CM’s effectiveness also depends on relations with Raj Bhavan (Art 167 information, Bills under Art 200) and with the Union (central schemes, grants).
- Chhattisgarh angle: Raman Singh (three terms) and Bhupesh Baghel (one term) both completed full terms, and every Assembly election since 2003 has produced a clear single-party majority, so the state has not depended on fragile coalitions.
Memory Tricks
'91 Caps, 94 Adds'
- 91st (2003): caps the ministry at 15% (minimum 12) and bars disqualified defectors from being ministers.
- 94th (2006): adds Chhattisgarh and Jharkhand (drops Bihar) to the tribal welfare minister list.
The four tribal-minister states, west to east: “MP–CG–JH–OD” (Madhya Pradesh, Chhattisgarh, Jharkhand, Odisha), a continuous belt of central Indian tribal heartland.
Advocate General: '165 appoints, 177 speaks, 194 protects'
Same pattern as the Attorney General’s 76 – 88 – 105.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Collective responsibility — to the Legislative Assembly (Art 164(2)) | vs | Individual responsibility — to the Governor (pleasure) |
| Art 164(1A) — 15% cap includes the CM; minimum 12 | vs | Art 75(1A) — Union ministry 15% of Lok Sabha; no minimum |
| Advocate General — Art 165, qualified as High Court judge | vs | Attorney General — Art 76, qualified as Supreme Court judge |
| CM resigns or dies — whole Council dissolved | vs | Another minister resigns — only a vacancy |
| Advocate General — speaks but cannot vote | vs | Non-member minister — can speak; votes only after becoming a member |
Common Mistakes
MCQ traps
- “The Council of Ministers is collectively responsible to the state legislature (both Houses).” False. It is responsible to the Legislative Assembly only.
- “The 15% limit excludes the Chief Minister.” False. It includes the CM.
- “The tribal welfare minister is mandatory in Bihar.” Outdated. The 94th Amendment (2006) replaced Bihar with Chhattisgarh and Jharkhand.
- “The Advocate General is appointed by the Chief Minister and has a fixed five-year term.” False. He is appointed by the Governor and holds office at the Governor’s pleasure, with no fixed term.
- “The Advocate General can vote in the Assembly.” False. Art 177 gives him the right to speak, not to vote.
- “A non-member may be repeatedly reappointed as minister for six months at a time.” False after S.R. Chaudhuri (2001).
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The provision limiting the size of a state Council of Ministers to 15% of the Assembly was added by the ______ Amendment in ______.
- The Advocate General of a state is appointed under Article ______ and must be qualified to be a judge of a ______.
- The four states required to have a minister in charge of tribal welfare are ______.
Answers
- 91st Amendment; 2003.
- 165; High Court.
- Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.
Level 2: Prelims MCQs
Q1. Consider the following statements about the Council of Ministers of a state:
- The total number of ministers, including the Chief Minister, shall not exceed 15% of the total strength of the Legislative Assembly.
- The number of ministers, including the Chief Minister, shall not be less than 12.
- The Council of Ministers is collectively responsible to both Houses of a bicameral state legislature.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 1 and 2 only. Both limits come from Art 164(1A), inserted by the 91st Amendment (2003). Statement 3 is wrong: under Art 164(2) collective responsibility runs only to the Legislative Assembly, even in states that have a Legislative Council.
Q2. Which Constitutional Amendment included Chhattisgarh among the states required to have a Minister in charge of tribal welfare?
- (a) 73rd Amendment
- (b) 84th Amendment
- (c) 91st Amendment
- (d) 94th Amendment
Answer and explanation
(d) 94th Amendment (2006). It amended the proviso to Art 164(1), replacing Bihar with Chhattisgarh and Jharkhand, so the list now reads Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. The 91st Amendment is the ministry-size cap, a common distractor.
Q3. Match List I with List II:
| List I | List II |
|---|---|
| A. Article 164(4) | 1. Advocate General’s right to speak in the House |
| B. Article 165 | 2. Non-member minister for six months |
| C. Article 167 | 3. Appointment of the Advocate General |
| D. Article 177 | 4. Duties of the Chief Minister towards the Governor |
- (a) A-2, B-3, C-1, D-4
- (b) A-2, B-3, C-4, D-1
- (c) A-3, B-2, C-4, D-1
- (d) A-4, B-3, C-2, D-1
Answer and explanation
(b) A-2, B-3, C-4, D-1. Art 164(4) allows a non-member to be a minister for six consecutive months. Art 165 deals with the Advocate General. Art 167 lays down the CM’s duty to keep the Governor informed. Art 177 gives ministers and the Advocate General the right to speak in the House(s).
Q4. Which of the following statements about the Advocate General of a state is correct?
- (a) He is appointed by the Chief Justice of the High Court.
- (b) He has the right to vote in the Legislative Assembly.
- (c) He holds office during the pleasure of the Governor and receives remuneration determined by the Governor.
- (d) He must be qualified to be a judge of the Supreme Court.
Answer and explanation
(c). Under Art 165 the Governor appoints him, fixes his remuneration, and he holds office during the Governor’s pleasure. He must be qualified to be a High Court judge (not Supreme Court). Art 177 lets him speak but not vote.
Q5. Consider a state whose Chief Minister resigns. Which of the following follows?
- (a) Only the Chief Minister’s post falls vacant; other ministers continue
- (b) The entire Council of Ministers stands dissolved
- (c) The Legislative Assembly is automatically dissolved
- (d) The Governor must recommend President’s rule
Answer and explanation
(b). The Council of Ministers exists with the CM at its head (Art 163), so his resignation or death dissolves the whole Council. The Assembly continues, and the Governor looks for a new leader who can command a majority. President’s rule is not automatic.
Level 3: Mains Answer Writing
Q1. (60 words) Explain the significance of the 91st Constitutional Amendment for state Councils of Ministers.
Model answer outline
- Intro: The 91st Amendment (2003) inserted Art 164(1A) and (1B).
- Points: cap of 15% of Assembly strength including the CM; minimum of 12 for small states; disqualified defectors barred from ministerial office; aimed at ending jumbo ministries used to reward defection.
- Chhattisgarh angle: a 90-seat Assembly gives 13.5; the 2025 expansion to 14 was challenged in the High Court.
- Conclusion: It linked anti-defection with fiscal prudence.
Q2. (150–200 words) “The Chief Minister is the real head of the state executive.” Discuss with reference to his relationship with the Governor, the Council of Ministers and the state legislature.
Model answer outline
- Intro: Governor is the nominal head (Art 154); the CM-led Council is the real executive (Art 163).
- With the Council: picks ministers, allocates portfolios, can get a minister dismissed; his exit dissolves the Council.
- With the Governor: sole channel of communication (Art 167); advises on key appointments (AG, SEC, State PSC).
- With the legislature: leader of the House, advises summoning, prorogation and dissolution; collective responsibility to the Assembly (Art 164(2)).
- Limits: coalition compulsions, the Governor’s discretion (Art 163), Centre–state dependence, the 15% cap.
- Chhattisgarh angle: stable majorities since 2003 (Raman Singh’s 15 years; full terms for Baghel) and the tribal welfare minister mandate under the 94th Amendment show how the office adapts to state needs.
- Conclusion: The CM is the pivot of state governance, powerful but accountable through the Assembly.
Quick Revision Table
| Fact | Detail |
|---|---|
| Art 163 | CoM with CM at head aids and advises the Governor |
| Art 164(1) | Governor appoints CM; other ministers on CM’s advice; pleasure of Governor |
| Tribal welfare minister | CG, Jharkhand, MP, Odisha (94th Amendment, 2006 dropped Bihar) |
| Art 164(1A) | Max 15% of Assembly incl. CM; min 12 (91st, 2003) |
| Art 164(2) | Collective responsibility to the Legislative Assembly |
| Art 164(4) | Non-member for 6 months; S.R. Chaudhuri (2001) bars reappointment |
| Art 166 / 167 | Business in Governor’s name / CM’s duties to Governor |
| CG ministry | 15% of 90 = 13.5; 14 incl. CM since 20 Aug 2025 (challenged in HC) |
| CG CMs | Jogi → Raman Singh → Baghel → Vishnu Deo Sai (since 13 Dec 2023) |
| Advocate General | Art 165; Governor appoints; HC-judge qualification; pleasure; no vote (Art 177); privileges (Art 194(4)) |
| CG Advocate General | Vivek Sharma (notified 21 Nov 2025, as of 2026) |
Key Takeaways
Key Takeaways
- The CM-led Council of Ministers is the real executive; the Governor acts on its advice except in discretion.
- 91st Amendment (2003): ministry ≤ 15% of Assembly including the CM, minimum 12; disqualified defectors cannot be ministers.
- Chhattisgarh is named in Art 164(1) (tribal welfare minister) since the 94th Amendment (2006).
- Collective responsibility is to the Assembly; individual responsibility is to the Governor’s pleasure.
- The Advocate General (Art 165) is the state’s top law officer: Governor’s appointee, no fixed term, may speak but not vote.
What’s Next
- State Legislature: Vidhan Sabha and Vidhan Parishad — the House the ministry answers to
- Parliament — compare collective responsibility at the Union level
- Constitutional Bodies — the Attorney General, CAG and other Union-level officers
- State Formation and Administration — Chhattisgarh’s office-holders and administrative set-up
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