The Constitution is absolutely silent about the powers and functions of the Council of Ministers. The only provision of the Council of Ministers states, "There shall be a Council of Minister, with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under this Constitution required to exercise his functions or any of them in his discretion" (Article 163(1)).

This paragraph implies that the Council of Ministers exists solely to assist and advise the Governor in the performance of his duties. However, the Council of Ministers is the true executive of the state, despite the fact that the entire administration of the state is carried out in the name of the Governor. In practise, the powers are wielded by the Council of Ministers.

In normal times, the Governor cannot afford to defy the advice of the Council of Ministers. However, in certain instances, he has discretionary authority that he can exercise without consulting the Council of Ministers. The following are the authorities and functions of a state's Council of Ministers:

1. Executive Powers:

In the executive branch, the Council of Ministers is the highest authority and is in charge of operating the state administration in conformity with the provisions of the Constitution. It not only formulates the government's policy but also attempts to give that policy a tangible shape. It should be remembered that the Council of Ministers makes all major policy decisions collectively. Once a policy is approved by the Council of Ministers, all members are expected to defend it both inside and outside the State Legislature. It is the ministers' responsibility within the department to ensure that the Council of Ministers' policy choices are properly implemented.

The Council of Ministers brings about the required coordination in their policies to guarantee that the various departments do not proceed in opposite directions and that there is cohesion in the policy pursued by different ministers. In short, the Council of Ministers is not only concerned with the formation of State Government policy, but also with giving it a practical shape.

2. Legislative Powers:

Members of the Council of Ministers have close ties to the State Legislature and hence play a major role in defining its legislative agenda. The Council of Ministers sets the State Legislature's agenda and timetable. Members of the Council of Ministers introduce at least 90% of measures in the State Legislature. Because the Council of Ministers has the support of the majority of the members, these laws are easily enacted by the State Legislature. Even bills introduced by regular members of the State Legislature have little prospect of passage unless the Council of Ministers supports them.

3. Financial Powers:

The Council of Ministers also has substantial budgetary authority. The Council of Ministers is in charge of developing budget proposals for the year and presenting them to the State Legislative Assembly for approval. Despite the fact that the Legislative Assembly reserves the power to withdraw, diminish, or reject the demands submitted by the Council of Ministers, this rarely occurs. In general, the demands given by the Council of Ministers are approved without modification by the State Legislature. Only revisions in these demands that are agreeable to the ministers are implemented. The Council of Ministers is also in charge of developing taxation recommendations, among other things. The State Legislature does not have the authority to propose additional taxes or other measures.