COUNCIL OF MINISTERS
Polity
Introduction
India follows a parliamentary system of government. Here, the real executive authority is not the President but the Council of Ministers headed by the Prime Minister. Articles 74 and 75 provide the constitutional foundation for this system. The Council of Ministers works collectively to run the administration, make policies, and remain accountable to the Lok Sabha.
Article 74 – Council of Ministers to Aid and Advise the President
• There shall be a Council of Ministers led by the Prime Minister to aid and advise the President.
• The President must act according to this advice.
• The 44th Constitutional Amendment (1978) allows the President to return the advice once for reconsideration, but after reconsideration the advice becomes binding.
• Courts cannot question the advice given to the President.
Article 75 – Provisions Regarding Ministers
• The Prime Minister is appointed by the President; other ministers are appointed on the PM’s advice.
• The Council of Ministers is collectively responsible to the Lok Sabha.
• Any minister who is not a Member of Parliament for six months automatically ceases to be a minister.
• Ministers hold office during the pleasure of the President (in practice, the PM decides).
Article 77 – Conduct of Business of the Government
• All executive actions of the Union are taken in the name of the President.
• The President frames rules for allocation of business among ministers.
• Once authenticated properly, no one can legally challenge that the order was not issued by the President.
Article 78 – Duties of the Prime Minister
The PM must:
• Communicate all decisions of the Council of Ministers to the President.
• Provide any information that the President seeks.
• Place before the Council any matter decided by a minister if the President so requires.
Article 88 – Rights of Ministers in Parliament
• Ministers can participate in proceedings of both Houses and in joint sittings.
• They may speak and participate in debates but can vote only in the House to which they belong.
91st Constitutional Amendment Act, 2003
• The total number of ministers cannot exceed 15% of the total strength of the Lok Sabha.
• A defector (disqualified under anti‑defection law) cannot become a minister.
Nature of Advice Tendered by Ministers
• The advice under Article 74 is mandatory—President cannot act without it.
• The “satisfaction of the President” mentioned in the Constitution is actually the satisfaction of the Council of Ministers.
• Courts cannot question what advice was given.
Collective Responsibility
• The entire Council is jointly responsible to the Lok Sabha.
• If Lok Sabha passes a no‑confidence motion, the entire Council must resign.
• Cabinet decisions bind all ministers; a minister must either defend the decision or resign.
• This principle ensures unity, discipline and coherence in government functioning.
Individual Responsibility
• Ministers hold office during the pleasure of the President, meaning the PM can remove any minister at any time.
• A minister is individually responsible for the decisions in his ministry.
• This ensures accountability within the executive.
Appointment of Ministers
• The PM recommends names; the President appoints.
• A non‑MP can become a minister but must enter Parliament within six months.
• Ministers can speak in both Houses but vote only in their own House.
Categories of Ministers
1. Cabinet Ministers
• Senior-most ministers with important departments.
• Key decision-makers and part of the Cabinet.
2. Ministers of State (Independent Charge)
• Handle ministries independently.
• Attend Cabinet meetings when invited.
3. Ministers of State
• Assist Cabinet Ministers in handling departments.
• Do not attend Cabinet meetings unless invited.
4. Deputy Ministers
• Lowest rank; help Ministers of State or Cabinet Ministers.
• Not part of Cabinet.
Definition of Cabinet
• The Cabinet is the most powerful and effective part of the Council of Ministers.
• It includes the PM and senior Cabinet Ministers.
• Decides national policies, coordinates governance and handles crises.
• Cabinet meetings are usually held weekly.
Role of Cabinet
• Highest decision-making body.
• Supreme executive authority.
• Advises the President and its advice is binding.
• Controls legislative agenda—most bills are introduced by ministers.
• Controls financial decisions, including budget preparation.
• Handles foreign affairs and national security.
Kitchen Cabinet
• An informal, small group around the PM that advises him privately.
• May include ministers, friends, or close associates.
• Helps PM make quick decisions but may reduce transparency.
Powers of the Union Council of Ministers
Executive Powers
• Real executive authority—President acts on their advice.
• Formulates policies and ensures their implementation.
• Maintains law and order.
• Guides administration during emergencies.
• Advises President on key appointments.
Legislative Powers
• Introduces major bills and drives legislative agenda.
• Controls the functioning of Parliament.
• Budget and money bills can only be introduced on behalf of the government.
• Can advise dissolution of Lok Sabha.
Financial Powers
• Prepares and presents the Union Budget.
• Controls taxation proposals and expenditure.
• Ensures financial administration as per laws passed by Parliament.
Conclusion
The Council of Ministers is the backbone of India’s parliamentary democracy. Though the President is the constitutional head, real executive authority rests with the Council led by the Prime Minister. Collective responsibility, cabinet functioning, and accountability to Parliament make it a dynamic and responsible institution responsible for smooth governance.
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Subject: Polity
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