In the state like the centre parliamentary Government has been established. It is written in the constitution that there will be a Council of Minister headed by the Chief Minister to aid and advise the Governor. The Governor appoints the leader of the majority party as the Chief Minister and all other minister are appointed by him on the recommendation of the Chief Minister. The ministers remain in office during the pleasures of the Chief Minister. But the fact is that the Governor can neither appoint nor remove any minster from office of his own accord.
Appointment of the Council of Ministers
The leader of the majority party in the Legislative Assembly is appointed through Chief Minister by the Governor. Examples are on record when the Governor appointed those as Chief Minister who were not at all the members of the state Legislature. The Chief Minister distributes portfolio among the ministers. The Chief Minister can make a change in the departments of his ministers.
The Council of Ministers in Orissa is known as Cabinet. At present Naveen Pattnaik is the Chief Minister of Orissa. The Council of Ministers may have three or two ranks of ministers. At present in Orissa it has two ranks of ministers. The size of the ministry depends upon the Chief Minister.
The Cabinet does not have any definite and fixed term of office. The Chief Minister can ask any minister to resign. The Cabinet remains in office so far as enjoys the confidence of the majority of the members of the House. The Legislative Assembly can pass a vote of no-confidence against the ministry and the ministry will vacate office.
There is only one qualification for becoming a minister that he should be a member of either House of the Legislature. If a person is appointed a minister and he is not a member of the Legislature he will have to become a member of the Legislature within a period of 6 months of his appointment otherwise he is to leave office.
Power and function
The Council of Ministers occupies the same position in the state as the Council of Ministers occupies at the center. They are to perform various functions.
The ministry exercises all the executive powers of the Governor. All the departments of the Government are under the control of the Ministers and it is their responsibility to run the administration smoothly. The Council of Ministers lays down the policy of Government and in the light of that the department work is carried out. The Council of Ministers executes the decision taken by the Cabinet. They maintain order and peace in the state. All the big and important appointments are made on the advice of the Council of Ministers.
The Council of Ministers has a big role to play in the making of the law of the state. Ministers are taken from among the members of the Legislature. They participate in the meeting of the Legislature. They introduce Bills, participate in the discussion and cast their vote. The meeting of the Legislature are summoned and adjourned on the advice of the cabinet. The inaugural address of the Governor is also prepared by the Council of Ministers. Most of the Bills are rejected and passed accordingly to the will of the Council of Ministers. Council of Ministers has the support of the party in majority in the Legislature and this party is always at the beck and call of the cabinet. Hence, any Bill introduced by the Cabinet cannot be rejected and the Council of Ministers if it desires so can ask the Governor to dissolve the Legislative Assembly. The Governor under such circumstances also is to act on the advice of the Ministry. The Council of Ministers can issue an ordinance through the state Governor.
The budget of the states is prepared by the Council of Ministers. The Money Bills can only be introduced by theory ministers. There are the ministers who propose imposition of taxes or suggest reduction or abolition of taxes.
Position of the Council of Ministers
The above mentioned powers of the Council of Ministers clearly indicate that the ministry is the real ruler of the state .Its will prevail in the making of laws enforcing them in and the running of the administration of the state. But during emergency the Cabinet loses its importance. When the proclamation of emergency is issued the President can take the administration into his own hands and in this situation the Governor acts as the agent of the President of India.