Gujarat Council of Ministers

Constitutional Provisions

Article 163 of the Constitution of India makes provision for the State Governments of the Republic of India to have a Council of Ministers, headed by a Chief Minister, so as to aid and assist that state's governor in the exercise of the governor's functions.

While the Governor is the executive Head of the State, actual executive power can only be exercised after a consensus is reached by the Council of Ministers. Upon being so advised, the Governor is expected to act accordingly.

The Governor of Gujarat appoints the Chief Minister of Gujarat. Ministers serving on the council, in turn, are appointed by the Governor under advisement by the Chief Minister. While a Council Minister technically holds office at the pleasure of the State Governor, practically, a sitting Minister may be removed by the Governor only after consulting with, and receiving advice from, the Chief Minister.

Both the Chief Minister and those serving on the Council of Ministers must also be members of the Gujarat Legislative Assembly, or become a member of the assembly within six months of the appointment. The council is collectively responsible to the Legislative Assembly and holds office till they enjoy the confidence of the Gujarat Legislative Assembly. Alternatively, a serving Council Minister may be removed by the Legislative Assembly through passage of a no confidence motion.

As per Article 164 (1A) of the Constitution of India, the maximum strength of the Council of Ministers in Gujarat will be fifteen percent of the total Legislative Assembly strength . Hence, considering that the total strength of the Legislative Assembly of Gujarat is 182 members, the State's Council of Ministers may only be served by no more than twenty seven members.