(1) The Chief of State shall appoint
the leader of the parliamentary party commanding a majority in the State
Assembly as the Chief Minister, and the State Council of Ministers shall be
constituted under his or her chairpersonship.
(2) In cases where no party has a clear majority in the State Assembly
under clause (1), the Chief of State shall appoint as the Chief Minister a member
of the State Assembly who can command majority with the support of two or more
parties representing to the State Assembly.
(3) In cases where the Chief Minister cannot be appointed under clause
(2) no later than thirty days after the date of declaration of the final results of
election to the State Assembly or the Chief Minister so appointed fails to secure a
vote of confidence under clause (4), the Chief of State shall appoint as the Chief
Minister the parliamentary party leader of the party which has the highest number
of members in the State Assembly.
(4) The Chief Minister appointed under clause (2) or (3) shall obtain a
vote of confidence from the State Assembly no later than thirty days after the date
of such appointment.
(5) In cases where the Chief Minister appointed under clause (3) fails to
obtain a vote of confidence under clause (4) and any member under clause (2)
presents a ground on which he or she can obtain a vote of confidence in the State
Assembly, the Chief of State shall appoint such a member as the Chief Minister.
(6) The Chief Minister appointed under clause (5) must obtain a vote of
confidence under clause (4).
(7) In cases where the Chief Minister appointed under clause (5) fails to
obtain a vote of confidence or the Chief Minister cannot be appointed, the Chief of
State shall, on recommendation of the Chief Minister, dissolve the State Assembly
and appoint a date of election so that the election to another State Assembly is
completed within six months.
(8) Procedures on the appointment of the Chief Minister under this
Article must be completed no later than thirty five days after the date of
declaration of the final results of election to the State Assembly held under this
Constitution or the date on which the office of the Chief Minister has fallen
vacant.
(9) The Chief of State shall, on recommendation of the Chief Minister,
constitute the State Council of Ministers consisting of a maximum of twenty
percent of the total number of members of the State Assembly, including the Chief
Minister, in accordance with the inclusive principle, from amongst the members of
the State Assembly.
Explanation: For the purposes of this Article, “Minister” means a Minister,
Minister of State and Assistant Minister.
(10) The Chief Minister and Ministers shall be collectively responsible to
State Assembly, and the Ministers shall be individually responsible for the work of
their respective Ministries to the Chief Minister and the State Assembly.