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Numerous high-ranking ministers are tasked with crucial portfolios such as defense, home affairs, and education within the cabinet. Consequently, gatherings of the council of ministers are infrequent. Typically, the council comprises between 60 to 70 government ministers. The Cabinet Secretariat oversees the adherence to the Government of India (Transaction of Business) Rules, 1961, and the Government of India (Allocation of Business) Rules, 1961, facilitating the smooth operation of Ministries and Departments.
Following the Constitutional Amendment Act of 1978 (also referred to as the 44th Amendment), the cabinet attained the status of a constitutional entity. Consequently, the Prime Minister seeks their counsel on significant matters. Decisions made by the cabinet are binding on all ministers, reinforcing the council's collective responsibility to the public.
The Cabinet convenes regularly to formulate policies and address critical national issues, typically comprising approximately 15-20 ministers.

Cabinet’s Function

  • It is the highest decision-making authority in our political and administrative system.
  • It is the main policy-making body of the Central Government.
  • It is the supreme executive authority of the central government
  • It is the chief coordinator of the central administration.
  • It acts as a consultative body to the president, and its recommendations are legally binding on him.
  • He is in charge of all emergency situations as the chief crisis manager.
  • It addresses all major legislative and financial issues.
  • It has the power to appoint constitutional authorities and senior secretariat administrators at a higher level.
  • It is responsible for all foreign policies and affairs.

Who are the Council of Ministers

  • The Union Council of Ministers in India holds executive authority, led by the Prime Minister, consisting of Cabinet Ministers, Ministers of State, and Ministers of State (Independent Charge).
  • The Union Cabinet, a smaller executive subset of the Council, serves as the country's primary decision-making body.
  • As per Article 352, Union Cabinet members must propose any presidential proclamation of emergency in writing to the President.
  • The Indian Constitution stipulates that the total number of ministers in the Council must not exceed 15% of the Lok Sabha's total membership, with ministers required to be members of parliament.
  • Failure to maintain parliamentary membership for six consecutive months results in automatic revocation of ministerial positions.
  • The Prime Minister has discretion over consulting the Council for significant decisions, as it is a constitutional body responsible for ensuring parliamentary accountability.
  • Collective responsibility is upheld by the Council, which comprises approximately 60 to 70 government ministers and convenes once annually.

Regulation

  • According to Article, the Council of Ministers is collectively responsible to the Lok Sabha, India’s lower house of parliament (House of the People).
  • When the Lok Sabha rejects a bill introduced by a minister, the entire council of ministers is held responsible, not the minister. When the Lok Sabha loses confidence in the government, the council of ministers must resign to allow for the formation of a new government.
  • According to Article, a minister may make any decision without consulting the council of ministers. Article 352 requires all union cabinet members to submit a written proposal to the President to propose a presidential proclamation of emergency.
  • According to India’s Constitution, the total number of people in the country is. The number of ministers in the council of ministers must not exceed 15% of the Lok Sabha’s total membership. Members of parliament are required to serve as ministers. If a minister is not a member of either house of parliament for six months in a row, their ministerial position is automatically revoked.

Council of Ministers in State Governments

  • In-state governments, there is a Council of Ministers
  • According to Articles 163, 164, and 167, every state in India is governed by a council of ministers that follows the same rules and procedures as the union council of ministers.
  • The Supreme Court of India used its powers under Article 142 of the Indian Constitution for the first time in March 2020 to remove a minister serving in the state of Manipur.

Functions of Council of Minister

  • The Council of Ministers’ main role is to assist and advise the President.
  • The Council of Ministers determines the Union’s legislative agenda and takes the lead in introducing and passing government legislation.
  • The Council of Ministers prepares the Union Government’s budget and moves grant requests.
  • The Council of Ministers formulates India’s foreign policy, and the President’s emergency powers are mostly exercised by the Ministers.

Conclusion

The Prime Minister leads the Council of Ministers, which assists and advises the President in carrying out his duties. Cabinet Ministers and Ministers of State are the two levels of Ministers. On the advice of the Prime Minister, the President appoints the Ministers. The Council is made up of all categories of Ministers, whereas the Cabinet is made up of senior Ministers.
The Cabinet is in charge of the government’s external and internal policies. It is in charge of coordinating the efforts of various departments. It has complete control over the country’s finances. Most importantly, all Council Ministers are individually and collectively accountable to the Lok Sabha.

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