Election FAQs: How a Chief Minister is elected

As the polling closes for the five states with Assembly Elections, let us take a look at how the Chief Minister of a state is elected. As per the Constitution of India, there is no specific procedure for the selection and appointment of the Chief Minister of a state.

According to Article 164, the Governor of a state appoints the Chief Minister. However, he/she cannot appoint anyone as per their free will.

Following elections to the State Legislative Assembly or Vidhan Sabha, the Governor invites the party (or coalition) with the majority votes to form the government. The MLAs of the party which gets the majority in the state assembly elections choose who will become the Chief Minister.

Also read: Election FAQs | When does a recount happen?

For Vidhan Sabha elections, the members of a State Legislative Assembly are elected directly by voting. A set of candidates stand for the elections from their respective constituencies, and every adult citizen votes for a candidate in their respective constituencies. In order for a party to secure a majority in a state, they have to win 50%+1 seats in the elections.

For instance, in Uttar Pradesh, there are 403 state legislative constituencies. The National Democratic Alliance, the Samajwadi Party, the Bahujan Samaj Party, the United Progressive Alliance, the Left Front among other parties have gone head to head in these constituencies to win State elections in Uttar Pradesh. In order for any particular party to secure a majority and win elections in the state, they would need to win in 202 constituencies.

When parties contest elections, they either decide their Chief Ministerial candidate in the course of the elections or after the results are declared. Once a party has decided to declare their candidate, he/she has to win in at least one of the constituencies that they are running from. In case, the party secures a majority in the state elections but the candidate loses his/her respective constituency, they can still become the Chief Minister, however, they have to prove their confidence in the house within six months.

In the West Bengal Assembly Elections, 2021, TMC supremo Mamata Banerjee lost from her constituency in Nandigram. However, TMC had secured a landslide victory in the state. She had six months to prove her confidence in the house and a few months later she contested in the Bhowanipore bypolls, won the election and secured her seat as Chief Minister.

The Chief Minister is the main link between the Governor and the Ministers and is the head of the State Legislative Assembly.

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