Laxmikanth Test: Central Council Of Ministers - 2 - UPSC MCQ

The advice tendered by Ministers to the President shall not be inquired into by any court: This statement is correct. Article 74(2) of the Indian Constitution provides that the advice tendered by ministers to the president cannot be inquired into by any court.

After the dissolution of the Lok Sabha, the Council of Ministers does not cease to hold office with immediate effect: This statement is correct. After the dissolution of the Lok Sabha, the Council of Ministers remains in office until the new government is formed. This is in line with the principle that the government must continue to function even if the Lok Sabha is dissolved.

A minister who is a member of one House of Parliament has the right to speak and take part in the proceedings of the other House also: This statement is correct. According to Article 88 of the Indian Constitution, a minister has 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, but is not entitled to vote in the House of which he is not a member.

Based on the above explanations, the correct answer is: All of the above.

• Manipur, Himachal Pradesh, Mizoram, Assam, Rajasthan, Punjab, Goa are some of the states where MLAs have been appointed Parliament Secretaries by the Government.

• Various petitions in the High Court have challenged Parliament Secretary's appointment, including in Delhi most recently.

• In June 2015, Calcutta HC quashed 24 Parliamentary Secretaries in West Bengal dubbing it unconstitutional.

Delhi High Court in 2016 quashed the appointment of Parliamentary secretaries as they are deemed to be Ministers, and there is a cap on the number of ministers in the government as per the Constitution (The limit is 10 per cent for Delhi, owing to its special status).

• The ministers are collectively responsible to the Parliament and the Lok Sabha in particular (Article 75).

• They act as a team and swim and sink together. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e." council of ministers headed by the prime minister) from office by passing a vote of no confidence.

• Members of the council of ministers are bound by consensus. The government cannot have two opinions on the same issue.

• Article 74 provides for a council of ministers with the prime minister to aid and advise the President in the exercise of his functions. The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.

• Further, the nature of advice tendered by ministers to the President cannot be enquired by any court. This provision emphasises the intimate and confidential relationship between the President and the ministers.

• In 1971, the Supreme Court held that 'even after the Lok Sabha's dissolution, the council of ministers does not cease to hold office'.

• Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers.

• Any executive power exercise without the aid and advice will be unconstitutional as being violative of Article 74.

• In 1974, the court held that 'wherever the Constitution requires the President's satisfaction, the satisfaction is not the President's personal satisfaction, but it is the satisfaction of the council of ministers with whose aid and on whose advice the President exercises his powers and functions'.

• Cabinet Ministers are usually top-level leaders of the ruling party or parties in charge of the major ministries.

• Since it is not practical for all ministers to meet regularly and discuss everything, the decisions are taken in Cabinet meetings. The cabinet works as a team.

• The ministers may have different views and opinions, but everyone has to own up to the Cabinet's decision. No minister can openly criticise the government's decision, even if it is about another Ministry or Department. Every ministry has secretaries, who are civil servants. The secretaries provide the necessary background information to the ministers to take decisions.

• Constitution of India prescribes that Minister will be appointed on the advice of Prime Minister and CM, respectively, in Centre and States.

• The 91st amendment restricts the Council of Ministers to 15 per cent of Lok Sabha's total strength. Other conventions like Majority party leader, coalition leader, etc., are also followed when appointing Ministers.

No one except the Prime Minister and Cabinet Ministers is included in the Central Cabinet.

• This convention before 2003 led to widespread abuse of the system.

• It led to the considerable size of the Council of Ministers. Besides, when no party had a clear majority, there was a temptation to win over the support of the Parliament members by giving them ministerial positions as there was no restriction on the number of the members of the Council of Ministers.

• Ministers without portfolio are also ministers officially. Hence, they are a part of the council of ministers.

• The cabinet secretary, is a bureaucrat and he cannot be a part of the council of ministers for he is a civil servant who is not responsible to the Parliament. He, however, attends the cabinet meetings.