Constitution of India

Introduction

Functioning as the decision-making body of the executive branch, the Council of Ministers is the principal executive organ of the Government of India. It is chaired by the Prime Minister and consists of the heads of each of the executive government ministries.

Council of Ministries & its Categories

• The Council of Ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers.
  • Cabinet Ministers: These head the important ministries of the Central government like home, defence, finance, external affairs and so forth. The Cabinet the chief policy formulating body of the Central government.
  • 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.
• Article 74 of the Constitution of India, 1950 (COI) deals with the status of the Council of Ministers.
• Article 75 of the COI deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the Council of Ministers.
• Every minister shall have the right to speak and take part in the proceedings of either House, any joint sitting of the Houses and any Committee of Parliament of which he may be named a member. But he shall not be entitled to vote.

Article 74 of the COI

• This Article deals with the Council of Ministers to aid and advise President. It states that-

(1) 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.

(2) 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 of the COI

• This Article deals with the relevant provisions as to Ministers. It states that-

(1) 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.

(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.

(1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth

• Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.

(2) The Ministers shall hold office during the pleasure of the President.

(3) The Council of Ministers shall be collectively responsible to the House of the People.

(4) 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.

(5) 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.

(6) 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.

Decision of the Council of Ministers

• As per Section 78 of the COI, it shall be the duty of the Prime Minister:

(a) 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.

(b) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.

(c) 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.

Responsibility of Ministers

• Collective Responsibility:
  • Article 75 clearly states that the Council of Ministers is collectively responsible to the Lok Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission.
• Individual Responsibility:
  • Article 75 also contains the principle of individual responsibility. It states that the ministers hold office during the pleasure of the President, which means that the President can remove a minister even at a time when the Council of Ministers enjoys the confidence of the Lok Sabha.
  • However, the President removes a minister only on the advice of the Prime Minister.