The Council of Ministers: Union and State in India

Introduction

The Council of Ministers in India refers to the body of ministers responsible for aiding and advising the President at the central level and the Governor at the state level in the exercise of their functions, as outlined in the Constitution of India. Both the central and state Councils of Ministers play vital roles in formulating policies, implementing government programs, and ensuring the smooth functioning of the executive branch of government.

Constitutional Dynamics: Governance Structures and Executive Powers in India

• The portfolio system was started by Lord Canning in the Indian Councils Act 1861.
• In the United Kingdom: the Council of Ministers is the real executive which is left on the convention.
• In India: The Constitution does not provide detailed explanations of the principles of the parliamentary system of government.
  • Two Articles (74 and 75) deal with them in a broad, sketchy and general manner.

Constitutional Governance: Roles, Responsibilities, and Flexibility in India’s Executive Framework

• Even after the dissolution of the Lok Sabha/State Legislative Assembly the CCoM/SCoM do not cease to hold office.
• Wherever the Constitution requires the satisfaction of the President/Governor, the satisfaction is of the CCoM/SCoM (by SC in 1974) not of president/governor alone.
• 91st CAA, 2003:
  • Limitation on the Size of Council of Ministers: Total no. of CoM/SCoM, including PM/CM should not be more than 15% of total strength of Lok Sabha. [UPSC 2022]
  • Minimum Strength: The number of ministers in the state legislature, including the CM, in a state shall not be less than 12.
  • Disqualification for Ministerial Appointment: A member who is disqualified on the grounds of defection shall also be disqualified to be appointed as a minister.
• Constitutional Flexibility: Exact size and classification not mentioned in the Constitution determined by the PM/CM as per time and requirements of the situation.
• Duties of PM/CM (Article 78/167): It shall be the duty of the PM/CM: to communicate to the President/Governor of the state all decisions of the CoM relating to the administration of the affairs of the Union/State and proposals for legislation; 
  • To furnish such information relating to the administration of the affairs of the Union/State and proposals for legislation as the President may call for; 
  • If the President so requires, to submit for the consideration of the CoM any matter on which a decision has been taken by a  minister but which has not been considered by the council.
• Participation in Legislature (Article 88): Every Minister has the right to speak and take part in proceedings of both houses but can only vote where he is a member. 
• Voting Rights of Ministers (Article 177): A minister who is a member of one House of the Parliament/state legislature has the right to speak and to take part in the proceedings of the other House. But he can vote only in the House of which he is a member.

Constitutional Dynamics: Ministerial Advice, Executive Continuity, and Presidential Power in India

• Article 74: A council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions.
• The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President. 
  • The court can not enquire about the nature of advice tendered by ministers to the 
  • President This implies the confidential relationship between the President and the ministers.

Continuity of the Council of Ministers Beyond Lok Sabha Dissolution

• In 1971, According to the Supreme Court, Article 74 is Mandatory, held that ‘even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office. 
  • Mandatory Role of Council of Ministers in Executive Power: The president can not wield executive authority without the assistance and guidance of the Council of ministers. 
  • Any attempt to do so would be unconstitutional, as it would violate Article 74.
• Presidential Satisfaction Dependent on Council of Ministers: In 1974, the court held that The satisfaction of the President, it is not the President’s personal satisfaction that matters, but rather the satisfaction of the council of ministers, whose aid and advice the President relies on when exercising powers and functions.

Ministerial Accountability: Collective Responsibility and Individual Obligations in India’s Governance

Collective Responsibility

• Work as a team, swims & sinks together. [UPSC 2018]
• No-confidence Motion: The entire CCoM/SCoM has to resign including ministers from the Rajya Sabha/ State Legislative Council.
• Cabinet decisions are binding on all cabinet ministers (and other ministers). Failing such results in resignation.

Individual Responsibility: 

• Ministers hold office during the pleasure of the president, which means that the President/Governor on the advice of the PM/CM, can remove a minister even at a time when the CoM enjoys the confidence of the Lok Sabha.
• No Legal Responsibility: Unlike Britain, there is no provision in the Constitution for the system of legal responsibility of a Minister.

Governance Structures in India: Union Council of Ministers, Cabinet, and Kitchen Cabinet Dynamics

Union Council of Minister

• Constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution.
• Wider body with  60 to 70 ministers.
• Includes all the three categories cabinet ministers, ministers of state, and deputy ministers. [UPSC 2022]
• Does not meet as a body to transact government business.
• The functions of CoM are determined by the cabinet.
• Implements the decisions taken by the cabinet.
• Collectively responsible to the Lower House

Cabinet

• Inserted through 44th CAA, 1978 in Art.352, which only defines the cabinet and does not describe its powers and functions.
• Smaller body – 15 to 20 ministers.
• Includes the cabinet ministers only. Members of the Cabinet are Members of the Parliament.[UPSC 2013]
• Meets, as a body, frequently and takes decisions regarding the transaction of government business.
  • Directs the council of ministers by taking policy decisions
• Supervises the implementation of its decisions by the council of ministers.
• Enforces the collective responsibility of the council of ministers.

Kitchen Cabinet

• The informal body consists of the PM and two to four influential colleagues in whom he has faith and with whom he can discuss every problem called the ‘Inner Cabinet’ has become the real center of power.
• Composed of not only cabinet ministers but also outsiders like friends and family.
• Phenomenon of ‘kitchen cabinets’ is not unique to India; it also exists in the USA and Britain.

Important Role Of Cabinet (Central/ State )

• Highest decision-making authority of Central/state administration
• Chief policy formulating body of Central/state administration
• Supreme executive authority of Central/state administration
• Chief coordinator of Central/state administration.
• Advisory role  to the president/Governor
• The chief crisis manager thus deals with all emergencies of Central/state.
• Deals with all major legislative and financial matters of central/state administration.
• Control over higher appointments like constitutional authorities and senior secretariat administrators.
• Deals with all foreign policies and foreign affairs (Only Central Cabinet)

Conclusion

• The Council of Ministers plays a vital role in the governance of a country, providing advice to the head of state and executing policies. 
• Its members, typically drawn from the legislative body, hold significant responsibility in shaping and implementing governmental decisions, ensuring effective administration and representation of the people’s interests.

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