The Governor of the State
Explanation
The appointment of the Chief Minister and other Ministers at the State level is governed by Article 164 of the Constitution of India.Detailed Analysis:
- Constitutional Provision: Article 164(1) explicitly states that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister.
- Convention: While the Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister, the Governor follows the convention of the parliamentary system of government. The Governor appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister.
- Role of Other Functionaries:
- The President of India appoints the Prime Minister at the Union level, not the Chief Minister of a State (except in Union Territories like Delhi, where the President appoints the CM).
- The Chief Justice of the High Court administers the oath of office and secrecy to the Governor but does not appoint the Chief Minister.
- The Speaker of the Legislative Assembly presides over the House and is elected by the members; the Speaker has no role in the formal appointment of the Executive head.
Key Takeaway: Under Article 164, the formal power to appoint the Chief Minister is vested exclusively in the Governor of the State.