Laxmikanth Summary: Central Council of Ministers | Indian Polity for UPSC CSE PDF Download

Introduction

• Council of Ministers headed by PM serves as Real Executive Authority.
• The principles of the Parliamentary System & the functioning of the Council of Ministers are not discussed in detail in the Constitution.
• Articles 74 & 75 of the Constitution give a broad & sketchy description of the functioning of the Council of Ministers.
• 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.

Constitutional Provisions

 Provides for the Council of Ministers headed by Prime Minister.

• Article 74 provides for a council of ministers with the Prime Minister at the head 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.
• All Aid & advice by the Council of Ministers is made binding on President, with a provision for the President to return advice for reconsideration to the Council of Ministers once.
• The advice of the Council of Ministers to the President cannot be judicially reviewed.

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Article 75

Provides for the Composition & other broad details. 

•  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 of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
• A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was also added by the 91st Amendment Act of 2003.
• The ministers shall hold office during the pleasure of the President.
• The council of ministers shall be collectively responsible to the Lok Sabha.
• The President shall administer the oaths of office and secrecy to a minister.

Article 77

Conduct of Business of the Government of India.

• All executive action of the Union is to be taken in name of the President.
• The manner of authentication of Orders and exec actions taken in name of Prez shall be laid down by President himself. Such authentication cannot be judicially reviewed.
• President shall make rules for the transaction of business of Govt of India & allocation of the said business among ministers.

Article 78

Deals with Duties of Prime Minister

• It includes the duty to relay the decisions of the CoM to the President.
• It also includes the duty to submit a decision of a Minister for consideration to the CoM when the President requires so.  

Article 88

Rights of Ministers as Respects the Houses

• Every Minister shall have the right to participate & speak in the proceedings of either House of Parliament or in a Joint Sitting of Parliament or in any Parliamentary committees whether he or she is a member of that House or of Parliament or not.
• However, a Minister will only be able to vote on an issue in the House that he is a part of. Non-MP Ministers will not vote. 

Appointment of Ministers

• The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Minister. 
• This means that the President can appoint only those persons as ministers who are recommended by the Prime Minister.

Responsibility of Ministers

Collective Responsibility

Individual Responsibility

The courts are barred from inquiring into the nature of the advice tendered to the Prez by the CoM. Therefore such advice cannot be challenged in court & the CoM holds no legal responsibility if any advice violates the law.  

Composition of the Council of Ministers

• Cabinet Ministers: Hold Important portfolios & head important Ministries like Home, Defence, External Affairs, etc. A smaller unit within CoM that meets regularly & makes most decisions.
• Ministers of State: Can be attached to Cabinet Ministers as subordinates or can also have independent charges of ministry or departments.
• Deputy Ministers: They are attached to Cabinet Ministers or MoS as subordinates, assisting in their admin, political, & parliamentary duties.
• Parliamentary Secretary is one more rank in CoM. They are attached to Senior ministers & help them in discharging parliamentary duties. No parliamentary secretaries have been appointed since 1967.
• Prime Minister is also a part of CoM as its head. Deputy PM (if nominated by PM) is also a part of the CoM.

Role of Cabinet

• It is the highest decision-making authority in our political-administrative system.
• It is the chief policy formulating body of the Central government.
• It is the supreme executive authority of the Central government.
• It is the chief coordinator of Central administration.
• It is an advisory body to the president and its advice is binding on him.
• It is the chief crisis manager and thus deals with all emergency situations.
• It deals with all major legislative and financial matters.
• It deals with all foreign policies and foreign affairs.

Kitchen Cabinet

• The cabinet, a small body consisting of the prime minister as its head and some 15 to 20 most important ministers, is the highest decision-making body in the formal sense.
• However, a still smaller body called the ‘Inner Cabinet' or ‘Kitchen Cabinet' has become the real center of power.
• Every prime minister in India has had his Inner Cabinet'- a circle within a circle.
• During the era of Indira Gandhi, the Inner Cabinet' which came to be called the Kitchen Cabinet' was particularly powerful. 
• The prime ministers have resorted to the device of inner cabinet’ (extra-constitutional body) due to its merits, namely:
  1. It being a small unit, it is a much more efficient decision-making body than a large cabinet.
  2. It can meet more often and deal with business much more expeditiously than the large cabinet.
  3. It helps the Prime Minister in maintaining secrecy in making decisions on important political issues.