The correct answer is 1 only

• The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister. Hence, statement 1 is correct.
• Article 164 only says that the Chief Minister shall be appointed by the governor.
• According to the Constitution, the Chief Minister may be a member of any of the two Houses of a state legislature. Hence, statement 2 is incorrect.
• Usually Chief Ministers have been selected from the Lower House (legislative assembly), but, on a number of occasions, a member of the Upper House (legislative council) has also been appointed as Chief Minister.

• A leader of the party that has got the majority share of votes in the assembly elections, is appointed as the Chief Minister of the state.
• When no party gets a majority in the elections, governor exercises his own discretion and appoint a Chief Minister accordingly.
• In a case where no party has won the majority votes, Governor appoints the member of the largest party or one from the coalition (if occurs) as the Chief Minister and then he is given 1 month time to prove confidence in the house.
• If the incumbent dies in the office, Governor at his own discretion can appoint a Chief Minister however, the ruling party nominates a member and Governor usually appoints that person as the Chief Minister. This person then has to prove confidence within a specified time.
• A person not belonging to either house (Legislative Assembly & Council) can also be appointed as the Chief Minister, however, within six months of his tenure as a CM he should be elected to either house without which he ceases to be a CM.