Article 168: Constitution of the State Council of Ministers

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 a majority with the support of two or more parties represented in 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 the 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 the State Assembly, and the Ministers shall be individually responsible for the work of their respective Ministries to the Chief Minister and the State Assembly.