Council of Minister

WHAT'S INSIDE THE TOPIC

1. Historical Background

2. Constitutional Provisions

3. Formation Of Council Of Ministers

4. Qualification Of Minister

5. Disqualification Of Minister Due To Defection

6. Participation in Proceedings

7. Salary Of Minister

8. Strength Of Council Of Ministers

9. Term Of Office Of Council Of Ministers

10. Categories Of Ministers

10.1. Cabinet Minister

10.2. Minister of State

10.3. Deputy Minister

11. Power of Council of Ministers

11.1. Executive Power

11.2. Emergency Power

11.3. Legislative Power

12. Responsibility Of Council Of Ministers

12.1. Collective Responsibility

12.2. Individual Responsibility

12.3. No Legal Responsibility

12.4. Position of the Council of Ministers

12.5. Judgement related to Council of Ministers

13. Difference Between Council of Ministers and Cabinet

14. Conclusion

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Harshit Sharma

Political Science (BHU)

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Topic – Council of Minister & Cabinet Committees (Notes)

Subject – Political Science

(Constitution of India)

The Council of Ministers, as delineated in Article 74 of the Constitution, is a pivotal body with the Prime Minister at its helm to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. The Council of Ministers is made up of the Prime Minister and other Ministers. Cabinet Ministers, Ministers of State, and Deputy Ministers are the three types of ministers. Article 75 deals with the appointment, oath, salaries and allowances of the Ministers.

Historical Background

The Indian Constitution has borrowed the British Parliamentary form of Government in which the real executive of the Indian Union is the Council of Ministers headed by the Prime Minister, which actually exercises the executive authority, theoretically vested by the Constitution, in the President.
The ministerial portfolio system was started by Lord Canning in Indian Councils Act 1861.

“The Council of Ministers sink and swim together, emphasising the collective responsibility of the Council of Ministers.” “If there are 15ministers, every one of them becomes an indivisible part of the whole Cabinet. The Premier speaks for himself and his Cabinet, and the Ministers for the Cabinet and the Premier.” Shri Mahavir Tyagi

Constitutional Provisions

Article 74	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. Advice tendered by Ministers to the President shall not be inquired into in any court.
Article 75	The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. The total number of ministers ,including the Prime Minister,in the Council of Ministers shall not exceed 15% of the total strength.(91st Constitutional Amendment Act of 2003) A person disqualified on the ground of defection is disqualified to be appointed as minister.(91st Constitutional Amendment Act of 2003) The Minister shall hold office during the pleasure of the President. The Council of Ministers shall be collectively responsible to the Lok Sabha. President shall administer the oaths of office and secrecy to the minister. A Minister who is not a member of Parliament for any period of six months shall cease to be a Minister. The salaries and allowances of Ministers shall be determined by Parliament.
Article 77	All executive action of the Government 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 as may be specified in rules to be made by the President. The validity of an order or instrument so authenticated shall not be called into 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 Government of India and for the allocation among Ministers of the said business.
Article 78	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	Every Minister shall have the right to speak and to 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.

Formation Of Council Of Ministers

The process of formation of the Council of Ministers begins with the appointment of the Prime Minister by the President.
While appointing the Prime Minister, the President has little opportunity to exercise his own discretion. He has to appoint the leader of the party which secures a majority in the Lok Sabha.
When no party has a clear majority, in such a situation the President may exercise his discretion.
Other Ministers are appointed by the President on the advice of the Prime Minister.President can appoint only those persons as ministers who are recommended by the Prime Minister.

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Table of Contents

Historical Background

Constitutional Provisions

Formation Of Council Of Ministers

Constitution of India Membership Required