In the intricate web of India’s governance, the Central Council of Ministers stands as a pivotal institution, wielding significant influence over the nation’s policies and administration. For aspirants gearing up for the UPSC examinations, comprehending the structure, roles, and functions of the Central Council of Ministers is not just crucial; it’s indispensable.
The Indian Constitution explicitly outlines provisions for the Council of Ministers in Articles 74 and 75, detailing their status, appointment, tenure, responsibilities, qualifications, oaths, salaries, and allowances. Articles 77 and 78 also contain provisions related to the Central Council of Ministers.
Constitutional Provision
Article 74 of the Indian Constitution outlines the role of the Council of Ministers, which is to provide assistance and advice to the Prime minister in carrying out their functions. The provision specifies that the President must act in accordance with this advice given by Prime minster aided by Council of Ministers. However, the President retains the authority to request the Council of Ministers to reconsider their advice, and the President must then act based on the advice given after such reconsideration. Notably, any disputes arising from this provision are not subject to judicial review.
Article 75 of the Indian Constitution covers various rules related to the Council of Ministers. Here’s a simplified explanation of its clauses:
- The President appoints the Prime Minister, and the Council of Ministers is appointed by the President based on the Prime Minister’s advice.
- Ministers serve at the pleasure of the President.
- The Central Council of Ministers is collectively responsible to the Lok Sabha.
- The President administers oaths of office and secrecy to ministers as per the procedure in the Third Schedule.
- Ministers must be members of either house of Parliament for at least six consecutive months. Otherwise, they cease to be ministers.
- The salaries and allowances of ministers are determined by Parliament.
- The 91st amendment limits the total number of ministers to 15% of the Lok Sabha’s total strength. Additionally, members disqualified due to defection cannot become ministers.
Article 77 of the Indian Constitution deals with the conduct of the Government of India’s business, with a primary focus on the President of India. It grants the President the authority to have their name associated with every executive action taken by the government.
Clause 3 of Article 77 specifies that the President is responsible for formulating rules governing the conduct of government business and assigning such business among ministers as they see fit.
Article 78 of the Indian Constitution outlines the duties of the Prime Minister. These duties include:
- Keeping the President informed about decisions made by the Council of Ministers regarding administrative matters and legislative proposals.
- Providing the President with specific administrative information related to Union affairs upon request.
- If requested by the President, presenting any matter decided by a minister for consideration by the Council of Ministers if it has not yet been discussed by the Council.
Article 88 of the Indian Constitution addresses the privileges of ministers and the Attorney General of India in relation to the Houses of Parliament. It grants them the right to speak and participate in the proceedings of either House, joint sittings of the Houses, and any parliamentary committee of which they may be a member. However, they are not permitted to vote for Officers of Parliament under this article.
Oat and Salaries
Oath: The President administers oaths of office and secrecy to ministers. In their oath, ministers pledge:
- Allegiance to the Constitution of India.
- Preservation of India’s sovereignty and integrity.
- Diligent discharge of their duties.
- Fair treatment of all individuals in accordance with the Constitution and laws, without bias.
Salary: Parliament determines the compensation for ministers, including salaries and benefits, which are akin to those provided to members of Parliament. Additional privileges may include sumptuary allowances, free housing, travel allowances, medical facilities, etc.
Composition of Council of Minister
Cabinet Ministers: Typically numbering between 15 to 20, Cabinet Ministers hold significant portfolios and form the core decision-making body known as the Cabinet within the Council of Ministers. They play a crucial role in policymaking and decision-making processes.
Ministers of State: Constituting the second tier of ministers, Ministers of State are not Cabinet members. They either oversee small departments independently or assist Cabinet Ministers. While certain departments have multiple Ministers of State, others are headed by a single Minister of State.
Deputy Ministers: Serving as aides to Cabinet Ministers or Ministers of State, Deputy Ministers do not independently manage any department. Currently, there are no Deputy Ministers in the Union Council of Ministers.
Parliamentary Secretaries: Holding neither ministerial nor administrative roles, Parliamentary Secretaries assist ministers in parliamentary matters without receiving any salary.
Office of Deputy Prime Minister: The Constitution does not mandate the existence of a Deputy Prime Minister’s office. It is at the discretion of the Prime Minister whether to appoint a Deputy Prime Minister within the Council of Ministers.
Responsibility of Council of Minister
Collective Responsibility:
- Fundamental to the parliamentary system, outlined in Article 75 of the constitution.
- Requires all council of ministers members to collectively answer to the Lok Sabha.
- Implies joint accountability for actions taken as a group.
- Passing a motion of no confidence in the Lok Sabha necessitates the resignation of all council members, including those from the Rajya Sabha.
- Obliges adherence to Cabinet decisions, even if individual disagreement arises during Cabinet meetings.
Individual Responsibility:
- Also articulated in Article 75.
- Indicates ministers serve at the President’s pleasure and can be dismissed by the President, based on Prime Minister’s advice.
- Allows the Prime Minister to request a minister’s resignation or advise the President to dismiss them, if necessary.
Why are CoM important?
Policy-making: The Council of Ministers holds a critical role in shaping policy priorities and making significant policy decisions. Serving as the primary decision-making entity of the government, it determines the course and emphasis of government policies.
Implementation: The Council of Ministers ensures the effective implementation of government policies. This involves resource allocation, overseeing government department activities, and monitoring progress.
Leadership: Led by the Prime Minister, the Council of Ministers provides leadership and guidance to the government. The Prime Minister acts as the government’s head, offering overarching direction to the Council of Ministers.
Accountability: The Council of Ministers is accountable to Parliament, with the Prime Minister answerable to Parliament for the Council’s actions. Members of Parliament can question the Council of Ministers, and its policies and legislation require parliamentary approval.
Confidence of Parliament: The Council of Ministers must maintain Parliament’s confidence by presenting government policies and legislation for approval and addressing queries from Parliament members.
Also read about office of Prime minister and President.