OFFICE OF THE CHIEF MINISTER (CM)

NEWS: West Bengal CM has refused to resign after poll defeat.

CONTEXT

• CMà Real executive head of the State, appointed by the Governor under Article 164.
• Under Art 163, the Council of Ministers (CoM), headed by the CM, aids and advises the Governor in exercising his functions.
• Head of CoMà CM leads the CoM, allocates portfolios, and coordinates government functioning.
• Duties to the Governorà The CM must inform the Governor about decisions of the CoM when required under Article 167.
• Ensures government business is conducted in the name of the Governor, as per Article 166.

Can a CM Continue After Losing Majority?

• Under Article 164à CM can remain in office only till he/she enjoys the confidence of the Legislative Assembly; loss of majority leads to resignation or removal.
• The Governor can ask the CM to resign or dismiss the government and invite the leader of the majority party/coalition to form a government.
• Constitutionallyà Only one CM can hold office; once a new CM is sworn in, the incumbent ceases automatically.
• As per Article 172à Assembly tenure is 5 years, after which a new government must be formed.
• While the Constitution does not explicitly say a Chief Minister must resign immediately after losing an election, the requirement of majority makes it unavoidable in practice