16th September 2024 (9 Topics)
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Resignation from CM’s Post
Context
Delhi chief minister Arvind Kejriwal resigned from the post in two days — five months before his tenure is set to end.
About Chief Minister
- State Executive consists of Governor and Council of Ministers with Chief Minister as its head.
- Chief Minister is the elected head of the state government.
- Appointment (Article 164): The Chief Minister is appointed by the Governor and the other Ministers are appointed by the Governor on the advice of the Chief Minister.
- Duty (Article 147): It shall be the duty of the Chief Minister of each State-
- To communicate to the Governor of the State all decisions of the Council of ministers relating to the administration of the affairs of the State and proposals for legislation;
- To furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
- If the Governor so requires, to submit for the consideration of the Council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the Council.
- Qualification: To be eligible for this role, a person must:
- Be a citizen of India.
- Be at least 25 years old.
- Be a member of the state legislature.
- Tenure: The Chief Minister’s term is not fixed and depends on the Governor’s discretion. The Governor cannot remove the Chief Minister unless:
- The Chief Minister loses the confidence of the majority in the State Legislative Assembly.
- The State Legislative Assembly passes a motion of no confidence against the Chief Minister.
- Removal: As per the law, a Chief Minister can only be disqualified or removed from office when he is convicted in any case.
- No protection from arrest: President of India and Governors of states and Union Territories are the only constitutional post holders who are immune from civil and criminal proceedings until his/her term ends, as per the law.
- But the immunity doesn't cover the Prime Ministers or Chief Ministers who are treated as equals in front of the Constitution that advocates the Right to Equality before the law. Yet, they are not disqualified just by an arrest.
Fact Box: President’s Rule
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