Laxmikanth Test: Central Council of Ministers-1 - UPSC MCQ

Article 74 deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the ministers. The principles of the parliamentary system of government are not detailed in the Constitution, but two Articles (74 and 75) deal with them in a broad, sketchy and general manner.

The oath of office for Prime Minister and other members of the Union Council of Ministers calls for true faith and allegiance to the Constitution of India as by law established. The oath makes the ministers affirm that they will uphold the sovereignty and integrity of India. The oath also makes the ministers swear that they will faithfully and conscientiously discharge their duties as the ministers and that will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.

The principle of collective responsibility means that the cabinet decisions bind all cabinet ministers not other ministers even if they differed in the Cabinet meeting. The first statement is incorrect because the principle of collective responsibility binds all ministers who are part of the cabinet, not just the cabinet ministers.

If any Minister disagrees with the cabinet decision and is not prepared to defend it, he must resign: This statement is accurate. Under the principle of collective responsibility, if a minister cannot support a cabinet decision publicly, the convention is that the minister should resign from the cabinet. This ensures that the government presents a united front and maintains coherence in its policies and actions.

Both statements are correct.

A person who is not a member of either House of Parliament can be appointed as a minister under Article 75(5) of the Constitution of India. This is because the Constitution does not specifically require that a person must be a member of Parliament to be appointed as a minister.

However, as per Article 75(5), such a person must become a member of either House of Parliament within six months of their appointment as a minister. If they fail to do so, they would cease to be a minister. This provision ensures that all ministers are accountable to the Parliament and responsible for their actions as ministers.

Option 1 : Only 1 is incorrect
Council of ministers:

• It is a wider body consisting of 60 to 70 ministers.
• It includes all the three categories of ministers, i.e. cabinet ministers, ministers of state, and deputy ministers.
• It does not meet, as a body, to transact government business. It has no collective functions.
• It is vested with all powers but in theory.
• Its functions are determined by the cabinet.
• It implements the decisions taken by the cabinet.
• It is a constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution.
• Its size and classification are, however, not mentioned in the Constitution.
• Its size is determined by the prime minister according to the exigencies of the time and requirements of the situation.
• Its classification into a three-tier body is based on the conventions of parliamentary government as developed in Britain.
• It has, however, got a legislative sanction. Thus, the Salaries and Allowances Act of 1952 defines a ‘minister’ as a ‘member of the council of ministers, by whatever name called, and includes a deputy minister’.
• It is collectively responsible to the Lower House of the Parliament.

ROLE OF CABINET: 

1. It is the highest decision-making authority in our politico-administrative system. 

2. It is the chief policy formulating body of the Central government. 

3. It is the supreme executive authority of the Central government. 

4. It is the chief coordinator of the Central administration. 

5.  It is an advisory body to the president and its advice is binding on him. 

6. It is the chief crisis manager and thus deals with all emergency situations. 

7. It deals with all major legislative and financial matters. 

8. It exercises control over higher appointments like constitutional authorities and senior Secretariat administrators 

9. It deals with all foreign policy and Foreign Affairs

Before a Minister enters upon his office, the president administers to him the oaths of office and secrecy. In his oath of office, the minister swears: 1. to bear true faith and allegiance to the Constitution of India, 2. to uphold the sovereignty and integrity of India, 3. to faithfully and conscientiously discharge the duties of his office, and 4. to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

There are five categories of the council of ministers as given below, in descending order of rank:

• Prime Minister: Leader of the executive of the Government of India.
• Deputy Prime Minister (if any): presides as prime minister in his absence or as the senior-most cabinet minister.
• Cabinet Minister: A member of the cabinet; leads a ministry.
• Minister of State (Independent charge): Junior minister not reporting to a Cabinet Minister.
• Minister of State (MoS): Deputy Minister reporting to a Cabinet Minister, usually tasked with a specific responsibility in that ministry.

Thus, we can say that the Union Council of Ministers consists of Cabinet Ministers, Minister of State, and Deputy Ministers.

The minister shall hold the office till the pleasure of the Prime Minister.  Option 3 is incorrect.
Article 75(2) specifically provides that the ministers shall hold office during the pleasure of the President.. The Prime Minister may call for the resignation of any ministers at any time.