The Council of Ministers in India: Constitutional Role, Powers and Functions

The Council of Ministers (CoM) in India plays a vital role in the country’s parliamentary system, led by the Prime Minister. Defined broadly in Articles 74 and 75 of the Constitution, it assists the President and ensures effective governance. This body comprises various ministerial ranks, each with specific responsibilities and powers. Understanding its structure and function is essential for grasping India’s democratic framework.

The Council of Ministers in India

Constitutional Provisions Regarding CoM

• Overview of the Parliamentary System: The Indian Constitution follows a Parliamentary System of government similar to the British model, where the actual executive authority lies with the Council of Ministers (CoM) led by the Prime Minister. 
• Constitutional Provisions: The context of the Parliamentary Form of Government is not elaborated well in the constitution.
  • However, the Constitution broadly outlines the principles of this system in Articles 74 and 75, detailing the council’s status and ministerial aspects like appointment, tenure, responsibilities, qualifications, oaths, and remuneration.

Article 74

• Establishment: Article 74 of the Constitution specifies the establishment of a Council of Ministers, led by the Prime Minister, to assist and provide advice to the President, who must generally follow this advice in performing their duties.
• Role of the President: The President can ask the Council to reconsider, and subsequent action aligns with the reexamined advice.
• Judicial Limitations: Also, courts are not authorized to inquire about the advice given by Ministers to the President.

Article 75

• Appointment: The President appoints the Prime Minister, and other ministers are appointed by the President based on the Prime Minister’s advice.
• Limit on Number of Ministers: The total number of ministers, including the Prime Minister, in the Council of Ministers should not exceed 15% of the total Lok Sabha strength, 
• Eligibility and Disqualification: The members disqualified for defection are ineligible to be appointed as ministers (as per the 91st Amendment Act of 2003).
• Tenure: Ministers serve at the pleasure of the President.
• Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha.
• Oaths of Office and Secrecy: The President administers oaths of office and secrecy to ministers.
• Membership Requirement: A  minister who is not a member of the Parliament ceases to be a minister if he is not a member of any of the two Houses for six consecutive months.
• Salaries and Allowances: Parliament determines the salaries and allowances of ministers.

 Article 77 (Conduct of Business of the Government of India)

• Executive Actions: All government executive actions must be explicitly taken in the name of the President.
• Authentication of Orders: Orders and instruments executed in the President’s name must follow specified authentication rules, and their validity cannot be contested on the grounds of not being made by the President.
• Rules for Government Business: The President is responsible for creating rules for the transaction of government business and allocate responsibilities among Ministers.

Article 88 (Rights of Ministers)

• Article 88 grants ministers the privilege to speak and participate in the proceedings of either House, joint sittings or parliamentary committees they are part of.
• However, they are not eligible to cast votes.

Nature of Advice by Ministers

Establishment of the Council of Ministers: Article 74 establishes a Council of Ministers with the Prime Minister to assist the President in their functions.

• Binding Nature of Council’s Advice: The 42nd and 44th Constitutional Amendment Acts made the advice of the Council binding on the President.
• Confidentiality of Ministerial Advice: Courts cannot inquire into the nature of advice given by ministers to the President, emphasizing the confidential relationship.
• Continuity of the Council of Ministers: In 1971, the Supreme Court ruled that even after Lok Sabha’s dissolution, the Council of Ministers continues to hold office, because constitution does not provide for the President to act without the aid  and advice of the Council of Ministers.
• President’s Satisfaction: The Supreme Court in 1974, clarified that the President’s satisfaction, as required by the Constitution, is the satisfaction of the Council of Ministers, whose aid and advice the President relies on for exercising his powers and functions.

Appointment of Ministers

Appointment: The President appoints the Prime Minister, and other ministers are appointed by the President based on the Prime Minister’s recommendation.

• Eligibility of Ministers: Ministers are typically members of either the Lok Sabha or Rajya Sabha, but non-members can also be appointed, provided they become a member within six months of the appointment.
• Loss of Ministerial Position: If a minister, not initially a parliamentary member, fails to join either House within six months, they lose their ministerial position.
• Rights of Ministers: A minister who is a member of one House has the right to participate in the proceedings of the other House but can only vote in their respective House.

Oath of Ministers

Before assuming office, a minister takes oaths administered by the President. In the oath of office, the minister pledges:

• To bear true faith and Allegiance to the Constitution of India
• To uphold  India’s sovereignty and integrity
• Faithful and conscientious discharge of official duties
• Impartial treatment of all in accordance with the Constitution and the law, without fear or favour, affection or ill will.

• In the oath of secrecy, the minister vows not to disclose any information brought to their attention as a Union minister unless necessary for fulfilling their duties.

Salary of the Ministers

Determination of Salaries: The Parliament of India determines the salaries of ministers. 

• Alignment with Member of Parliament: Ministers receive their salaries and allowances aligned with those of a Member of Parliament. 
• Allowance and Benefits: Additionally, ministers are entitled to a sumptuary allowance based on their position, complimentary accommodation, travel allowances, and medical benefits.

Accountability of Ministers

Principle of Collective Responsibility

• Collective Accountability to Lok Sabha: The parliamentary system operates on the fundamental principle of collective responsibility, as outlined in Article 75. 
  • However, nowhere in the Constitution, the word collective responsibility is mentioned. 
  • This principle dictates that the Council of Ministers is collectively accountable to the Lok Sabha, meaning all ministers share joint responsibility for their actions.
• Unified Functioning: They function as a unified team, and if the Lok Sabha passes a vote of no confidence, all ministers, including those from the Rajya Sabha, must resign. 
• Dissolution of Lok Sabha: Alternatively, the Council can recommend the dissolution of the Lok Sabha to the President, citing a lack of faithful representation of the electorate’s views, leading to fresh elections. 
• Binding Nature: Ministers are bound by collective responsibility even if they disagree in Cabinet meetings.
• Resignation Due to Dissent: Each minister is obligated to support and defend Cabinet decisions both inside and outside Parliament. 
  • Any minister dissenting from a decision must resign. 
  • Example: Dr. B.R. Ambedkar, C.D. Deshmukh, and Arif Mohammed resigned due to differences in specific legislative matters.

• Principle of Individual Responsibility

• • Concept of Individual Responsibility (Article 75): Article 75 introduces the concept of individual responsibility, indicating that ministers serve at the President’s pleasure. 
    • This implies that the President can dismiss a minister, even when the council of ministers has the Lok Sabha’s confidence. 
    • However, the President acts on the Prime Minister’s advice while removing a minister.
  • Prime Minister’s Authority: In cases of disagreement or dissatisfaction, the Prime Minister can request a minister’s resignation or advise the President to dismiss them. 
  • Upholding Collective Responsibility: This authority allows the Prime Minister to uphold collective responsibility. 
  • Dr. B.R. Ambedkar’s Emphasis: Dr. B.R. Ambedkar emphasized the necessity of creating and empowering the office of the Prime Minister to nominate and dismiss ministers to achieve true collective responsibility.

• Absence of Legal Responsibility

• • Minister’s Countersignature in the UK: In the United Kingdom, every public act ordered by the King necessitates a minister’s countersignature. 
    • If such an order violates any law, the minister is accountable and may face legal consequences. 
    • The accepted notion in Britain is that “The king can do no wrong,” exempting the king from legal actions.
  • Lack of Ministerial Accountability in India: In contrast, India lacks constitutional provisions for the legal responsibility of a minister. 
    • There is no requirement for a minister’s countersignature on a President’s order for a public act. 
    • Additionally, the courts are prohibited from scrutinising the advice provided by ministers to the President.

Composition of Council of Ministers

The Council of Ministers is composed of three categories: Cabinet Ministers, Ministers of State, and Deputy Ministers, differing in rank, emoluments, and political significance. At the pinnacle is the Prime Minister, the highest governing authority.

• Cabinet Ministers: lead crucial Central government ministries such as home, defence, finance, and external affairs. As cabinet members, they contribute to policy decisions, holding responsibilities across the entire spectrum of the Central government.
• Ministers of State: may independently oversee ministries or be affiliated with cabinet ministers. When attached, they handle specific departments or tasks under cabinet ministers’ supervision. 
  • If independently charged, they wield similar powers and functions as cabinet ministers within their ministries. 
  • A minister of state can attend cabinet meetings only on invitation. 
  • In any case, they work under the supervision and under the overall charge and responsibility of the cabinet ministers.
• Deputy Ministers: Of lower rank, lack independent charge of ministries. 
  • They support cabinet ministers or ministers of state in administrative, political, and parliamentary duties. 
  • Not participating in cabinet meetings, they are not cabinet members but assist with the guidance of higher-ranking ministers.

Cabinet vs Council of Ministers

Often the two terms- the Cabinet and the Council of Ministers– are used interchangeably. 

• • But, in reality, both have different meanings based on their strength, role and composition among other factors. 

• The key differences between both of them are as follows-

Description of The Role of Council of Ministers by Various Scholars

• Analogies Highlighting the Cabinet’s Role: The role of the Cabinet in India echoes the sentiments expressed by renowned political scientists and constitutional experts. Various analogies emphasize the significance of the Cabinet in steering the course of the state.
  • Ramsay Muir likened it to the “steering wheel of the ship of the state,” while Lowell portrayed it as the “keystone of the political arch.”
  • Sir John Marriott saw the Cabinet as the “pivot around which the entire political machinery revolves,” and Gladstone described it as the “solar orb around which other bodies revolve.”
  • According to Barker, the Cabinet acts as the “magnet of policy,” and Bagehot characterized it as a “hyphen that joins, the buckle that binds the executive and legislative departments together.”
  • L.S. Amery stated that the Cabinet serves as the “central directing instrument of Government.”
• British Perspective on the Cabinet’s Role: In the British context, Ramsay Muir went so far as to label it the ‘Dictatorship of the Cabinet’. 
  • When in the majority, the Cabinet’s position is likened to a dictatorship, albeit one qualified by publicity. 
  • This characterization, asserting a powerful but not always fully utilized omnipotence, holds true in the Indian context as well.

Concept of Kitchen Cabinet

• The Role of the Cabinet: The cabinet, led by the Prime Minister and comprising around 15 to 20 key ministers, serves as the primary formal decision-making body. 
• Emergence of the Inner Cabinet: However, a more exclusive group known as the ‘Inner Cabinet’ or ‘Kitchen Cabinet’ has evolved as the actual center of power. 
  • This informal assembly includes the Prime Minister and two to four trusted colleagues, both cabinet ministers and outsiders like friends and family.
• Function of the Inner Cabinet: The Inner Cabinet advises on significant political and administrative matters, aiding the Prime Minister in crucial decision-making.
  • Throughout India’s history, each Prime Minister has maintained their Inner Cabinet, notably powerful during Indira Gandhi’s era.
• Advantages of the Inner Cabinet: The utilization of the ‘Inner Cabinet’ as an extra-constitutional body is attributed to its advantages, such as enhanced efficiency in decision-making due to its smaller size, more frequent and expedient meetings, and aiding in maintaining secrecy on critical political decisions.  
• Drawbacks of the Inner Cabinet: However, drawbacks include diminishing the authority of the formal cabinet and bypassing the legal process by involving external individuals in government functioning.
• Global Context of the Kitchen Cabinet: This concept of a ‘Kitchen Cabinet,’ where decisions are formulated before formal cabinet approval, is not exclusive to India; it exists in the USA and Britain, exerting considerable influence on government decisions there as well.

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Conclusion

The Council of Ministers embodies the principles of collective and individual responsibility in Indian governance. 

• Its members work together to implement policies and support the Prime Minister’s decisions. 
• Despite its constitutional foundations, the CoM’s dynamics and interactions reflect the evolving nature of India’s political landscape. Thus, it remains a cornerstone of effective governance and democratic accountability.

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