The Council of Ministers and The Cabinet-
- The Council of Ministers Structure of Government consists of all categories of Ministers i.e., Cabinet Ministers and Ministers of State.
- Prior to 44th Amendment of the Constitution, the word ‘Cabinet’ was not mentioned in the Constitution and was added through this amendment.
- The Cabinet consists of Senior Ministers only. Its number varies from 15 to 30 while the entire Council of Ministers can consist of even more than 70.
- It is the Cabinet that determines the policies and programmes of the Government and not the Council of Ministers.
- The Council of Ministers as a whole rarely meets. The Cabinet on the other hand meets as frequently as possible.
Powers and Functions of the Cabinet-
- It is the body which determines government policy for presentation to the Parliament.
- It is responsible for implementing government policy.
- The cabinet is the core body of the government and takes all the major decision.
Appointment of Ministers-
- The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Minister.
- A person who is not a member of either House of Parliament can also be appointed as a minister But, within six months, he must become a member either by election or by nomination of either House of Parliament.
- Although minister can take part in proceedings of other house but he can vote only in the House of which he is a member.
Oath-
- In India, the President administers the oath of office to the Council of Ministers.
- In 1990, the oath by Devi Lal as deputy prime minister was challenged as being unconstitutional as the Constitution provides only for the Prime Minister and ministers.
- The Supreme Court upheld the oath as valid and stated that describing a person as Deputy Prime Minister is descriptive only and such description does not confer on him any powers of Prime Minister.
Important Articles related to Council of Ministers
- There are some Articles which deals Directly or Indirectly with Prime minister and Council of Ministers.
They are a follows-
Article 74 : Council of Ministers to aid and advise President
- There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
- Provided that the President may require the council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
- The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
Article 75: Other provisions as to Ministers
- The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
- The Minister shall hold office during the pleasure of the President.
- The Council of Ministers shall be collectively responsible to the House of the People.
- Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
- A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.
- The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule The Attorney General for India.
Article 77-
Conduct of business of the Government of India
- All executive action of the Government of India shall be expressed to be taken in the name of the President.
- Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall nor be called in question on the ground that it is not an order or instrument made or executed by the President.
- The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
Article 78 :Duties of Prime Minister as respects the furnishing of information to the President, etc.
It shall be the duty of the Prime Minister
- To communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation.
- To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
- If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
91st Constitutional Amendment Act, 2003-
- This is one of the most important amendments with respect to the Prime minister and Councils of minister and it brought some changes in Article 75.
It stated that-
- The total number of ministers, including the Prime Minister, in the CentralCouncil of Ministers shall not exceed 15% of the total strength of the LokSabha.
- A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
- A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post.
- Remunerative political post means-any office under the central government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government; any office under a body, whether incorporated or not, which is wholly or partially owned by the central government or a state government and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature.
- The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted.
- It means that the defectors have no more protection on grounds of splits.
It also brought some changes in council of ministers in state-
- The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12.
- A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
- The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted.
- It means that the defectors have no more protection on grounds of splits.
- A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post.
Collective and Individual Responsibility
Article 75(3) have mentioned about collective responsibility of council of minister , lets have an idea about Individual and collective Responsibility
Collective Responsibility-
- It means all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission.
- When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to resign including those ministers who are from the Rajya Sabha.
- Alternatively, the council of ministers can advise the president to dissolve the Lok Sabha on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections.
- The Cabinet decisions bind all cabinet ministers and other ministers even if they differed in the cabinet meeting.
Individual Responsibility-
- Article 75(2) says that The Ministers shall hold office during the pleasure of the President which means that the President can remove a minister (only on advice of P.M) even at a time when the council of ministers enjoys the confidence of the Lok Sabha.
Other Types of Ministers-
Ministers of State-
- These can either be given independent charge of ministries/ departments or can be attached to cabinet ministers.
Deputy Ministers-
- They are attached to the cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties.
Some Facts-
- In India, there is no provision in the Constitution for the system of legal responsibility of a minister.
- In 1971, the Supreme Court held that even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office.
- Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers.