Rajasthan

Appearance

Central Council of Ministers ​

  • Parliamentary System: The Indian Constitution adopts a parliamentary system of government modeled on the British pattern, where the council of ministers headed by the Prime Minister is the real executive authority.

  • Constitutional Articles: Articles 74 and 75 of the Constitution broadly outline the parliamentary system.

    • Article 74 addresses the status of the Council of Ministers.
    • Article 75 concerns the appointment, tenure, responsibility, qualification, oath, and salaries of ministers.

  • Article 74 - Council of Ministers to aid and advise President:

    1. There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice. The President can require reconsideration of the advice, and shall act in accordance with the advice tendered after such reconsideration.
    2. The advice tendered by Ministers to the President cannot be inquired into in any court.

  • Article 75 - Other Provisions as to Ministers:

    1. The Prime Minister is appointed by the President; other ministers are appointed by the President on the advice of the Prime Minister.
    2. The total number of ministers, including the Prime Minister, shall not exceed 15% of the total strength of the Lok Sabha (91st Amendment Act of 2003).
    3. A member of Parliament disqualified on the ground of defection is also disqualified to be appointed as a minister (91st Amendment Act of 2003).
    4. Ministers hold office during the pleasure of the President.
    5. The Council of Ministers is collectively responsible to the Lok Sabha.
    6. The President administers the oaths of office and secrecy to a minister.
    7. A minister who is not a member of Parliament for six consecutive months ceases to be a minister.
    8. The salaries and allowances of ministers are determined by the Parliament.

  • Article 77 - Conduct of Business of the Government of India:

    1. All executive action of the Government of India is expressed to be taken in the name of the President.
    2. Orders and instruments made in the name of the President shall be authenticated as specified in rules made by the President. The validity of such an order shall not be questioned.
    3. The President makes rules for convenient transaction of government business and allocation among ministers.

  • Article 78 - Duties of Prime Minister:

    1. To communicate all Council of Ministers' decisions relating to administration and legislative proposals to the President.
    2. To furnish information relating to administration and legislative proposals as the President may call for.
    3. If required by the President, to submit for Council of Ministers' consideration any matter decided by a minister but not considered by the Council.

  • Article 88 - Rights of Ministers as Respects the Houses:

    • Every minister has the right to speak and participate in the proceedings of either House, joint sittings, and any committee of Parliament of which he/she is a member, but cannot vote in the House of which he/she is not a member.

  • Nature of Advice by Ministers:

    • Article 74 provides for a Council of Ministers to aid and advise the President. The 42nd and 44th Amendment Acts made the advice binding. The nature of advice cannot be enquired into by any court.

  • Appointments:

    • Prime Minister appointed by the President; other ministers appointed by the President on the advice of the Prime Minister.
    • A person who is not a member of either House of Parliament can also be appointed as a minister.

  • Oaths:

    • Before entering office, ministers take oaths of office and secrecy administered by the President.
    • Oath of office includes allegiance to the Constitution, upholding sovereignty and integrity of India, and faithfully discharging duties.
    • Oath of secrecy involves not revealing confidential matters.

  • Salaries:

    • Salaries and allowances are determined by Parliament.
    • Ministers receive salary and allowances payable to a member of parliament.

  • Responsibility of Ministers:

    • Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha. All ministers own joint responsibility for all acts of omission and commission. The Prime Minister’s resignation amounts to the resignation of the entire council of ministers.
    • Individual Responsibility: Ministers hold office during the pleasure of the President, and can be removed on the advice of the Prime Minister.

  • No Legal Responsibility:

    • Unlike Britain, India does not have a system of legal responsibility for ministers. Orders of the President do not require countersignature by a minister, and courts are barred from inquiring into the nature of advice rendered by ministers.

  • Composition of the Council of Ministers:

    • Cabinet Ministers
    • Ministers of State (Independent Charge or attached to Cabinet Minister)
    • Deputy Ministers

  • Council of Ministers vs. Cabinet:

    • Council of Ministers: Wider body including all three categories of ministers. Does not meet as a body to transact government business. Vested with all powers in theory.
    • Cabinet: Smaller body including only cabinet ministers. Meets frequently to deliberate and take decisions. Exercises powers of the Council of Ministers in practice.

  • Role of Cabinet:

    1. Highest decision-making authority.
    2. Chief policy formulating body.
    3. Supreme executive authority.
    4. Chief coordinator of Central administration.
    5. Advisory body to the President
    6. Chief crisis manager.
    7. Deals with major legislative and financial matters.
    8. Exercises control over higher appointments.
    9. Deals with all foreign policies.

  • Kitchen Cabinet:

    • A smaller informal body consisting of the Prime Minister and a few influential colleagues.
    • Advises the Prime Minister on important political and administrative issues.

  • Demerits of Kitchen Cabinet:

    1. Reduces authority and status of the cabinet.
    2. Circumvents the legal process.

  • Table 21.2 Articles Related to Central Council of Ministers at a Glance:

Article No.Subject Matter
74.Council of Ministers to aid and advise President
75.Other provisions as to Ministers
77.Conduct of business of the Government of India
78.Duties of Prime Minister as respects the furnishing of information to the President, etc.
88.Rights of Ministers as respects the Houses