Article 75: An overview of Structure of Union Council of Ministers

Article 75 of the Indian Constitution outlines the structure of the Union Council of Ministers (CoM), with the Prime Minister at its helm. This article establishes the fundamental guidelines for the organization of the council. Within the Indian political system, the Council of Ministers holds a pivotal and influential role, functioning as the actual executive authority. 

• Notably, it exercises all the powers vested in the President of India, consolidating the executive functions within the Council of Ministers.

Executive Powers: Role and Responsibilities

• Real Executive: The Council of Ministers is the real executive. 
  • All executive powers of the President of India are really used by the Council of Ministers. 
• Policy-Making: The Cabinet formulates the policies which are to be submitted to the Parliament for approval. 
  • The Cabinet/PM coordinate and control the working of all departments of the government. 
  • The Cabinet formulates the foreign policy as well as all domestic policies deemed necessary for all round development of the country. 
• Running of Administration: The Cabinet runs the administration in accordance with the laws and policies. 
  • It has the responsibility to maintain law and order in the country. 
  • The day to day decisions are taken by the departments in accordance with the policies of the Cabinet. 
• Functions during an Emergency: The exercise of Emergency Powers by the President is always done in accordance with the advice of the Prime Minister and his CoM. 
  • The President can declare an emergency only under the written advice of the Cabinet.
• Appointment Making Powers: The President makes all the higher appointments – Governors, Ambassadors, Envoys, High Commissioners, Consuls, Judges of the Supreme Court and High Courts, Military Commanders, members of UPSC, Election Commission, Planning Commission and others, in accordance with the advice of the PM and the Cabinet. 
• Treaty-Making and Defence Functions: All treaties and other international agreements are negotiated and signed by the ministers on behalf of the President. 
  • To prepare for the defence of the country through the organisation and modernization of the Army, Air Force and Navy, and by formulating a suitable defence and nuclear policy, is a fundamental function of the Cabinet. 

Legislative Powers: Central Role in Shaping India’s Laws and Governance

• Though the legislative powers of the Union are in the hands of the Parliament, the powers of Council of Ministers plays an important role in the sphere of legislation. 
• The ministers are both the heads of government departments as well as members of the Parliament. 
  • They take full and active part in the working of the Parliament.
• Most of the bills are introduced and piloted by CoM. 
  • 95 % of the time of the Parliament is utilized for handling governmental business, which is managed by the ministers. 
• A bill not supported by the Council of Ministers cannot get passed from the Parliament because the ministry enjoys the support of the majority in Parliament.
• If the Lok Sabha either passes a bill not supported by the Council of Ministers or rejects a bill supported by it, or rejects the budget of the Cabinet, it is taken to be a vote of no-confidence against the government and the entire Council of Ministers resigns. 
• The President summons, prorogues or dissolves the Parliament in accordance with the advice of the Cabinet. 
• The Prime Minister can recommend to the President a dissolution of the Lok Sabha and for the holding of fresh elections. 
• The President always accepts such advice. The Cabinet can use the threat of dissolution for getting support from the Lok Sabha. 
• The Council of Ministers is collectively responsible before the Lok Sabha and the latter can remove it by passing a vote of no-confidence. 
• A ministry backed by a majority can have its way in the Parliament. 
  • Normally, it is the Cabinet (backed by a majority) which really controls the Working of Parliament. 

Financial Powers: Role in Shaping India’s Fiscal Policies and Administration

• The Parliament is the custodian of national exchequers. However, the Cabinet plays a leading role in this sphere also. 
• The budget is prepared by the Cabinet. 
  • It lays down the fiscal policies of the government. 
  • The Cabinet gets the budget passed from the Parliament. 
• The Cabinet runs the financial administration in accordance with the provisions of the budget as passed by the Parliament. 
• All proposals for additional taxes come from the Cabinet. 
  • Money Bills (Art. 110) can be introduced only in the Lok Sabha and only by the ministers. 
• The Parliament can modify financial bills but only with the consent of the Cabinet. 
  • Any action of the Parliament against the wishes of the Cabinet amounts to a vote of no-confidence against the Government. 

What Powers and Position does India’s Council of Ministers hold?

• The above account of the powers of Council of Ministers and its functions reveals the strong and central position that it occupies as the real and powerful executive in the Indian political system. 
• All the powers of the President of India are practically exercised by the CoM. 
• Within the Council of Ministers, the Cabinet is the most powerful institution. 
  • It is the central institution which uses all these powers. 
• Cabinet directs, supervises and controls the formulation of national policies and the running of the administration. 
  • As the maker of all policies, the cabinet is the director of administration and the supreme coordinator of government activity, the Cabinet enjoys an enviable position. 
• It is indeed “the steering wheel of the ship” of the state. It is the centre and power house of the power.

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