UNION COUNCIL OF MINISTERS

To prepare for the Indian Polity section of competitive exams, including the IAS, aspirants need a thorough understanding of the Union Council of Ministers. This topic is crucial for the polity syllabus (GS-II). The Union Council of Ministers includes the Prime Minister and other ministers, divided into three categories: Cabinet Ministers, Ministers of State, and Deputy Ministers. They are all appointed by the President of India. Notably, the total number of ministers cannot exceed 15% of the total strength of the Lok Sabha.

BACKGROUND

• Lord Canning introduced the portfolio system under the Indian Councils Act of 1861.
• In the United Kingdom, the Council of Ministers constitutes the actual executive authority based on convention.
• In India, the system of the Council of Ministers is explicitly codified and specified in the Indian Constitution.
• In the case of S.R. Chauhan vs State of Punjab (2001), the Supreme Court ruled that a non-member cannot be re-appointed without being elected, although a non-member can serve as a minister for a maximum period of six months.
• The Constitution of India establishes a parliamentary system of government, following the British model.
• The Council of Ministers, led by the Prime Minister, functions as the de facto executive authority in our politico-administrative framework.
• The principles of the parliamentary system are broadly outlined in the Constitution, primarily in Articles 74 and 75 of Part V.

• Every Minister is responsible for the acts of the officers of his department. He has to answer questions regarding the affair of his department in the Parliament.
• Council of Ministers rarely meets so the driving wheel of the government is the Cabinet.

CONSTITUTIONAL PROVISIONS

• Articles spanning from 74 to 78 in Part V broadly deals with Central Council of Minister

ARTICLE 74 – COUNCIL OF MINISTERS TO AID AND ADVISE PRESIDENT

• There shall be a Council of Ministers led by the Prime Minister to assist and advise the President, who must act in accordance with this advice during the exercise of his functions.
• 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.
• However, the President has the authority to ask the Council of Ministers to reconsider their advice. Following reconsideration, the President is obliged to act in accordance with the advice tendered.( Added by the 44th Constitutional Amendment Act of 1978)
• The advice tendered by Ministers to the President shall not be inquired into in any court.

ARTICLE 75 – OTHER PROVISIONS AS TO MINISTERS

• The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the PM.
• The Council of Ministers shall be collectively responsible to the Lok Sabha. (Not to the Rajya Sabha)

• A minister who is not a member of the Parliament (either Rajya Sabha or Lok Sabha ) for any period of six consecutive months shall cease to be a minister.
• The ministers shall hold office during the pleasure of the President.
  

  Q. There is a Parliamentary System of Government in because the_____[2015-I] Lok Sabha is elected directly by the people Parliament can amend the Constitution Rajya Sabha cannot be dissolved Council of Ministers is responsible to the Lok Sabha   Q. Assertion (A) : The Council of Ministers in the Union of India is collectively responsible both to the Lok Sabha and Rajya Sabha. Reason (R) : The Members of both the Lok Sabha and the Rajya Sabha are eligible to be the Ministers of the Union Government. [2007] Choose the correct Code: Both A are R are true and R is the correct explanation of A Both A and R are true but R is not a correct explanation of A A is true but R is false A is false but R is true

ARTICLE 77 – CONDUCT OF BUSINESS OF THE GOVERNMENT OF INDIA

• All executive actions of the govt. of India shall be expressed to be taken in the name of the President.
• Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President.
• Moreover, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
• The President shall make rules for the more convenient transaction of the business of the govt. of India, and for the allocation among Ministers of the said business.

ARTICLE 78–DUTIES OF PRIME MINISTER

It shall be the duty of the Prime Minister:

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

ARTICLE 88–RIGHTS OF MINISTERS AS RESPECTS THE HOUSES

• 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.

91ST CONSTITUTIONAL AMENDMENT ACT 2003

• The total number of ministers, inclusive of the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.
• A member of either house of Parliament from any political party who is disqualified on the ground of defection shall also be ineligible for appointment as a minister.

CONSIDERATION IN CONSTITUTING THE COUNCIL OF MINISTERS

• Minister from different regions to enhance regional representation of Council of Ministers.
• Representation of communities, caste, women, and coalitions.
• Capability of Ministers to dealt with various tasks
• Age factor – young and dynamic personality along with adequate experience.
• He should be a good administer and decision maker
• Visionary and optimistic with futuristic attitude
• A non-corrupt and a high moral standards.

IS ADVICE BY CoM BINDING?

• The 42nd (1976) and 44th (1978) Constitutional Amendment Acts made the advice rendered by the Council of Ministers binding on the President during the exercise of his functions.
  
• In 1971, the Supreme Court ruled that the Council of Ministers continues to hold office even after the dissolution of the Lok Sabha.
  
• The 44th Constitutional Amendment Act of 1978 introduced a provision allowing the President to request the Council of Ministers to reconsider their advice.
• Subsequently, the President must act in accordance with the advice given after such reconsideration.
  
• The nature of advice provided by ministers to the President is not subject to inquiry by any court, highlighting the confidential nature of their relationship.

NATURE OF ADVICE BY MINISTERS

• It should be noted that 74 is mandatory and in any case, the president cannot exercise the executive power without the aid and advice of the Council of Ministers .
• Any exercise of executive power without the aid and advice will be unconstitutional as being violative of Art. 74.
• In 1974, the court ruled that whenever the Constitution mentions the satisfaction of the President, it refers to the satisfaction of the Council of Ministers, whose aid and advice the President follows in exercising his powers and functions.

OATH AND SALARY OF MINISTERS

• Oath: Oath: Every new minister must take the Oath of Office and Secrecy before assuming office.

• Salary: The Constitution stipulates that the salaries and allowances of ministers are to be determined by Parliament through legislation.
  • In accordance with this mandate, Parliament enacted a law in 1985 specifying that each minister shall receive the same salary and allowances as a member of Parliament.

CONTROVERSIES ASSOCIATED WITH OATH AND AFFIRMATION

• Devi Lal’s oath as Deputy Prime Minister in 1990 was challenged for being unconstitutional, as the Constitution only mentions the Prime Minister and other ministers.
• The Supreme Court upheld the oath, clarifying that the title “Deputy PM” is merely descriptive and does not grant any powers of the Prime Minister.
• The Court stated that designations like Deputy Prime Minister or Minister of State, not mentioned in the Constitution, do not invalidate the oath as long as the substantive part of the oath is correct.

RESPONSIBILITY OF MINISTERS

1. COLLECTIVE RESPONSIBILITY

• • Principle of collective responsibility is the fundamental principle underlying the working of the parliamentary system.
  • Article 75– Explicitly states that the Council of Ministers is collectively responsible to the Lok Sabha. This implies that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. Philosophy is working as a team and swimming or sinking together.
  • When the Lok Sabha passes a no-confidence motion against the Council of Ministers, all ministers, including those from the Rajya Sabha, must resign.
    
  • The Council of Ministers can recommend that the President dissolve the Lok Sabha, claiming that the House no longer represents the electorate’s views accurately and call for fresh elections. However, the
  • President is not obliged to follow the advice of a Council that has lost Lok Sabha’s confidence.
    
  • Collective responsibility means that Cabinet decisions bind all ministers, regardless of any differences during the cabinet meeting.
    
  • Every minister must support and stand by Cabinet decisions both within and outside Parliament.
  • If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign.

2. INDIVIDUAL RESPONSIBILITY

• • Article 75– connotes the principle of individual responsibility.
  • It states that the ministers hold office during the pleasure of the president, which implies 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. The PM can ask him to resign or advise the President to dismiss him on account of difference of opinion or dissatisfaction with the performance of a minister.
  • The Prime Minister can ensure compliance with the rule of collective responsibility by exercising this power.

NO LEGAL RESPONSIBILITY IN INDIA

• Unlike Britain, in India there is no provision for the system of legal responsibility of a minister mentioned in the constitution.
• System of legal responsibility implies an order of the President for a public act should not be countersigned by a minister.

APPOINTMENT OF MINISTERS

• The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Minister.
• This implies that the President can appoint only those persons as ministers who are recommended by the Prime Minister.
• A person who is not a member of either House of Parliament can also be appointed as a minister. However, within six months, he must become a member (either by election or by nomination) of either House of Parliament; otherwise, he ceases to be a minister.
• A minister who is a member of one House of Parliament 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.

CATEGORIES OF MINISTERS

1. CABINET MINISTER:

• The Cabinet Ministers heads the important portfolios of the Central Government such as the Home Ministry, Finance Ministry, Defence Ministry, External Affairs Ministry etc.
• The Cabinet typically comprises 18 to 25 ministers.
• Cabinet Ministers attend crucial meetings and play a vital role in national policy formation.

2. MINISTER OF STATE (INDEPENDENT CHARGE)

• The Minister of State performs the same functions and exercises the same powers as Cabinet Ministers do with their dept. and ministries.
• They are not members of the cabinet. Hence, Ministers of State are not entitled to attend Cabinet meetings unless invited.
• Ministers of State with independent charge are invited to Cabinet meetings when matters relevant to their departments/ministries are under consideration.

3. MINISTER OF STATE

• Ministers of State are given the charge of the departments of the ministries headed by the Cabinet Ministers or allotted specific items of work related to the ministries headed by the Cabinet Ministers.
• By and large these ministers work under the supervision and guidance of the Cabinet Ministers.

4. DEPUTY MINISTERS

• Deputy Ministers are lowest in the rank. They are not given independent charge of the ministries/departments.
• They are generally attached to the Cabinet Ministers or Ministers of State to help them in their administrative, political and parliamentary duties.
• Deputy Ministers do not constitute part of the cabinet. Hence, they do not attend the meetings of the cabinet.

DEFINITION OF CABINET

• The Cabinet is the core of the Council of Ministers.
• It consists of 15-18 members, who are the senior most and in fact most effective ministers of the council.
• The Prime Minister and Cabinet Ministers discuss and determine various policies of national significance.
• The cabinet ministers hold the key portfolios such as Home, Defense, External Affairs, Atomic Energy, Petroleum inter alia.
• As the cabinet ministers jointly form the central decision-making authority of the nation, the Prime Minister selects them with much care.
• The meetings of the cabinet under the chairmanship of the Prime Minister are held once in a week and in the case of necessity, more than once in a week and even in a day.

ADVANTAGES OF CABINET

• It is easier to build consensus
• More effective discussion and efficient time utilization
• Less burden on public exchequer – Economic efficiency
• More priority to secrecy
• More rational division of work – Large size Council of Ministers ties up too many tongues and less viewpoint is available.

CHECKS ON CABINET

• Legislative check
• Judicial check through mechanism of judicial review
• Media and public opinion
• International opinion
• Has to ensure global constitutionalism (like treaties, conventions etc.)

ROLE OF CABINET

• Cabinet is the highest decision-making authority in Indian politico- administrative system.
• Cabinet envisages as chief policy formulating body of the Central government.
• It is the supreme executive authority of the Central government.
• He is the chief coordinator of the Central administration.
• It is an advisory body to the president and its advice is binding on him (president can return advice for reconsideration only at once)
• Cabinet is the chief crisis manager and thus deals with all exigencies.
• It handles all significant legislative and financial matters.
• Cabinet exercises control over higher appointments like constitutional authorities and senior secretariat administrators.
• Cabinet deals with all foreign policies and foreign affairs.

KITCHEN CABINET

• Every Prime Minister in India has had his ‘Inner Cabinet’–a circle within a circle. During the era of Indira Gandhi, the ‘Inner Cabinet’ which came to be called the ‘Kitchen Cabinet’ was particularly powerful.
• The Kitchen Cabinet is an informal group comprising the Prime Minister and 2-4 trusted colleagues with whom he can discuss any issue.
• Not only cabinet ministers but also outsiders like friends and family members of the Prime Minister can include.
• Members of the kitchen cabinet advise the Prime Minister on important political and administrative issues and assist him in making crucial decisions.
  

  Kitchen Cabinet is the informal and non-constitutional body (extra-constitutional), unlike CoM which has constitutional status. The philosophy of ‘kitchen cabinet’ also exists in the USA and Britain, it is not unique to Indian politico- administrative system. ‘Kitchen Cabinet’ – by Indira Gandhi ‘Dehradun Brigade’ – by Rajiv Gandhi ‘Grand Council of India’ – by L. B. Shastri

MERITS AND DEMERITS OF INNER CABINET

CABINET VS COUNCIL OF MINISTERS

POWERS OF THE UNION Council of Ministers

1.EXECUTIVE POWERS

• 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 oversee and manage the operations of all government departments. 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 Council of Ministers. 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 organization 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.

2. LEGISLATIVE POWERS

• While the Parliament holds the legislative powers of the Union, the Council of Ministers significantly influences the legislative process.
• 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.
• They introduce and guide most bills. Governmental business, managed by the ministers, occupies 95% of Parliament’s time.
• A bill requires the backing of the Council of Ministers to pass through Parliament, as the ministry holds majority support in the legislature.
• 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.
• While doing so the PM/Cabinet can advise the President to dissolve the Lok Sabha.
• The President summons, prorogues or dissolves the Parliament in accordance with the advice of the Cabinet.
• The Prime Minister can recommend to the President 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.
• Undoubtedly, the Council of Ministers is collectively accountable to the Lok Sabha, which can dismiss it by passing a vote of no-confidence.
• A ministry backed by a majority can have its way in Parliament. Normally, it is the Cabinet (backed by a majority) that really controls the Working of Parliament.

3. FINANCIAL POWERS

• The Parliament is the custodian of national finances. Yet, the Cabinet also plays a leading role in this area.
• The Cabinet prepares the budget, outlining the government’s fiscal policies, and secures its passage through Parliament.
• The Cabinet runs the financial administration in accordance with the provisions of the budget as passed by the Parliament.
• Proposals for new taxes originate solely from the Cabinet. Money Bills (under Article 110) must be introduced exclusively in the Lok Sabha and solely by ministers.
• The Parliament can modify financial bills but only with the consent of the Cabinet. Any parliamentary action contrary to the Cabinet’s preferences constitutes a vote of no-confidence against the Government.

POSITION OF THE UNION COUNCIL OF MINISTERS

• In summary, the description of the powers and functions of the Council of Ministers highlights its dominant and central role as the effective executive in the Indian political system.
• The Council of Ministers effectively exercises all the powers vested in the President of India.
• Within the Council of Ministers, the Cabinet is the most powerful institution. It is the central institution which uses all these powers.
• The Cabinet directs, supervises and controls the formulation of national policies and the running of the administration.
• As the maker of all policies, 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 of power.

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