Council of Ministers | Constitutional Law - CLAT PG PDF Download

 Introduction

• The executive authority in India is exercised by the Union Council of Ministers, which is composed of  cabinet ministers, ministers of state,  and  deputy ministers  . The Council is led by the  Prime Minister  of India.
• The Prime Minister assists and advises the  President  of India in the exercise of presidential functions. The Council of Ministers is collectively responsible to the  Lok Sabha  , the lower house of Parliament.
• The Prime Minister is obligated to communicate all decisions of the Council of Ministers to the President, including matters related to the administration of Union affairs, legislative proposals, and relevant information.
• Under the Constitution, the Cabinet has the authority to issue directives to  State Governments  under certain circumstances and can control the functioning of State Governments during a state of emergency.
• The Council of Ministers is responsible for determining the legislative program of the Union and initiating the introduction and passage of Government legislation.

 Article 74 - Council of Ministers to Aid and Advise the President 

 Article 74 of the Indian Constitution  establishes the  Council of Ministers  , led by the  Prime Minister  , to assist and advise the  President  in the exercise of their functions. The President is expected to act in accordance with this advice. However, the President has the authority to request the Council to reconsider their advice, either in general or specific terms. Once the Council provides the revised advice, the President must act according to it.

The specific details regarding the advice given by the Ministers to the President cannot be questioned in any court of law.

 Position of Prime Minister 

• Article 74 of the Constitution establishes the  Council of Ministers 
• The President is expected to act according to their advice.
• The Union Council of Ministers, led by the  Prime Minister of India  , exercises  executive authority  .
• Senior ministers are known as  cabinet ministers  , while junior ministers are referred to as  ministers of state  .
• The Council of Ministers has the power to make binding decisions, not just offer advice.
• The Prime Minister communicates the  Council's decisions  to the President.
• If the President rejects the Council's advice, it cannot be challenged in a court of law.
• When it comes to  expenditure  , the President needs proper authorization from  Parliament 
• Failure to obtain such authorization can be deemed unconstitutional and may lead to impeachment.
• The Council of Ministers is accountable to  Parliament  for the government’s policy decisions and actions.

Article 75: Other Provisions Regarding Ministers

Article 75 of the Indian Constitution outlines various provisions related to the appointment, responsibilities, and conduct of Ministers in the government. Let's break down the key points for better understanding.

 Appointment of the Prime Minister and Other Ministers (Article 75(1)) 

• The President appoints the  Prime Minister  .
• Other Ministers are also appointed by the President but on the  advice of the Prime Minister  .
• The  Council of Ministers  , including the Prime Minister, is collectively responsible to the  House of the People  (Lok Sabha).
• Before taking office, a Minister must take oaths of office and secrecy administered by the President.
• If a Minister is not a member of either House of Parliament for six consecutive months, they cease to be a Minister.
• The  salaries and allowances  of Ministers are determined by Parliament.

 Appointment of the Prime Minister and Other Ministers (Article 75(1)) 

• The President appoints the  Prime Minister  .
• Other Ministers are also appointed by the President but on the  advice of the Prime Minister  .
• The  Council of Ministers  , including the Prime Minister, is collectively responsible to the  House of the People  (Lok Sabha).
• Before taking office, a Minister must take oaths of office and secrecy administered by the President.
• If a Minister is not a member of either House of Parliament for six consecutive months, they cease to be a Minister.
• The  salaries and allowances  of Ministers are determined by Parliament.

 Prime Minister's Authority (Article 75(2)) 

• The Prime Minister and other Ministers hold office at the  pleasure of the President  .
• This implies that the President acts on the  advice of the Prime Minister  .
• The  Prime Minister  has the authority to nominate and retain Cabinet Ministers.
• If the Prime Minister advises the dismissal of a Minister, the President must follow this advice.
• The Council of Ministers must resign if it loses the confidence of the Lok Sabha, unless it is dissolved.

 Collective Responsibility (Article 75(3)) 

• The Council of Ministers is collectively responsible to the  Lok Sabha  .
• This means that the entire Cabinet is responsible for the actions of any of its members.
• Collective responsibility ensures Cabinet  solidarity  , where all members support Cabinet decisions.
• Even though the Cabinet is collectively responsible, individual Ministers can be held legally accountable for unlawful actions.
• The Council of Ministers remains in office as long as it has the confidence of the majority in the Lok Sabha.

 Oaths of Office (Article 75(4)) 

• Every Minister, including the Prime Minister, must take two oaths: an oath of office and an oath of secrecy.
• The forms of these oaths are provided in  Schedule III  of the Constitution.
• The oath of secrecy ensures that Cabinet deliberations are kept confidential.
• This oath also protects Ministers from being compelled to disclose information during inquiries.

 Membership Requirement (Article 75(5)) 

• A Minister must be a member of either House of Parliament.
• If a Minister is not a member for six consecutive months, they lose their position.
• A Minister can hold office for up to six months if the House of the People is dissolved until a new Ministry is sworn in.
• Both the Prime Minister and other Ministers can be appointed even if they are not members of Parliament initially, but they must become members within six months.

 Salaries of Ministers (Article 75(6)) 

• The  salaries and allowances  of Ministers are determined by Parliament.
• The specific amounts are listed in the  Second Schedule  of the Constitution.
• Parliament has the authority to change these salaries through legislation.
• A person disqualified from being a member of Parliament cannot be appointed as a Minister.
• If a Minister's term ends, they cannot be reappointed after six months unless they become a member of either House of Parliament.

 Position of Chief Minister 

 Article 163 - Council of Ministers to aid and advise Governor 

•  Article 163(1):  States that the government in the States is  parliamentary  . There is a Council of Ministers headed by the Chief Minister to assist and advise the Governor. However, the  responsibility  lies with the Ministers, not the Governor. The Chief Minister is the elected or appointed head of government at the sub-national level, usually chosen by the Governor. Typically, the leader of the majority party in the Legislative Assembly becomes the Chief Minister. In some cases, the Governor may use personal judgment in the selection or call for an election of the leader by a party or coalition.
•  Article 163(2):  States that if there is a dispute about whether the Governor must act at his discretion, the Governor's decision is final. The validity of his actions cannot be challenged on the grounds of discretion.
•  Article 163(3):  Ensures that courts cannot question what advice was given by Ministers to the Governor.

Article 167 - Responsibilities of the Chief Minister in Providing Information to the Governor 

• The Chief Minister of each State has specific duties under Article 167 of the Constitution regarding communication with the Governor.

 Key Responsibilities of the Chief Minister 

•  Communication of Decisions:  The Chief Minister must inform the Governor about all decisions made by the Council of Ministers related to the administration of the State and any legislative proposals.
•  Provision of Information:  The Chief Minister is obligated to provide any information regarding the administration of the State and legislative proposals as requested by the Governor.
•  Submission of Matters:  If the Governor requests, the Chief Minister must present to the Council of Ministers any matter that a Minister has decided on but has not yet been considered by the entire Council.

 Under Article 167, it is the Chief Minister's duty to keep the Governor informed about all matters related to the administration of the State.