Union Council Of Ministers

Article 74 establishes a council of ministers, led by the Prime Minister, to assist and advise the President in the performance of his duties. The President is bound by the advice under the 42nd and 44th Constitutional Amendment Acts. Furthermore, no court can inquire into the nature of ministerial advice given to the President. This provision emphasises the President's and ministers' close and private relationship.

The Supreme Court ruled in 1971 that "the council of ministers does not cease to hold office even after the dissolution of the Lok Sabha." Because Article 74 is mandatory, the president is unable to exercise executive power without the assistance and advice of the council of ministers. Any use of executive power without the assistance and advice of the legislature is unconstitutional, as it violates Article 74'. In 1974, the court ruled that "wherever the Constitution requires the President's satisfaction, the satisfaction is not the President's personal satisfaction, but the satisfaction of the council of ministers with whose aid and advice the President exercises his powers and functions."

 

The President appoints the Prime Minister, while the President appoints the other ministers on the Prime Minister's advice. As a result, the President can only appoint ministers who have been recommended by the Prime Minister.

 

Ministers are usually appointed by members of Parliament, either the Lok Sabha or the Rajya Sabha. A minister can be appointed by anyone who is not a member of either House of Parliament. However, he must become a member of either House of Parliament (either by election or nomination) within six months, or he will lose his status as a minister. A minister who is a member of one House of Parliament has the right to speak and participate in the proceedings of the other House as well, but he can only vote in that House.

 

Ministers' salaries and allowances are set by Parliament on a regular basis. A minister is paid the same salary and benefits as a Member of Parliament. He also receives a stipend (based on his rank), free housing, a travel allowance, medical care, and other benefits.

 

The principle of collective responsibility is the fundamental principle underlying the functioning of the parliamentary system of government. The council of ministers is collectively responsible to the Lok Sabha, according to Article 75. This means that all ministers share joint responsibility for all their acts of omission and commission in front of the Lok Sabha. They collaborate and swim or sink as a unit. When the Lok Sabha passes a no-confidence motion against the council of ministers, all ministers, including those from the Rajya Sabha, are required to resign.

 

Alternatively, the council of ministers can advise the president to dissolve the Lok Sabha and hold fresh elections on the grounds that the House does not faithfully represent the views of the electorate. The President may refuse to comply with a council of ministers that has lost the Lok Sabha's confidence.

 

The principle of collective responsibility also means that Cabinet decisions bind all cabinet ministers (and other ministers), even if they disagreed during the meeting. Every minister has a responsibility to support cabinet decisions both inside and outside of Parliament. Any minister who does not agree with a cabinet decision and is unwilling to defend it must resign. Several ministers have previously resigned due to differences with the cabinet.

 

Individual responsibility is also enshrined in Article 75. It states that ministers serve at the pleasure of the president, which means that the President can dismiss a minister even if the Lok Sabha has given the council of ministers its confidence. The President, on the other hand, removes a minister only on the Prime Minister's advice. In the event of a disagreement or dissatisfaction with a minister's performance, the Prime Minister can ask him to resign or advise the President to fire him. The Prime Minister can ensure that the rule of collective responsibility is implemented by exercising this power. Dr. B R Ambedkar made the following observation in this regard:

 

"The Prime Minister's instrumentality is the only way to achieve collective responsibility. There can be no collective responsibility unless and until we create that office and endow it with statutory authority to nominate and dismiss ministers.”

 

Every order of the King for any public act in the United Kingdom is countersigned by a minister. If the order is against the law, the minister will be held accountable and will face legal action. "The king can do no wrong," is a legally accepted phrase in the United Kingdom. As a result, he is immune to legal action in any court.

 

In India, on the other hand, the Constitution makes no provision for a system of ministerial legal responsibility. An order of the President for a public act does not need to be countersigned by a minister. Furthermore, the courts are prohibited from investigating the nature of the ministers' advice to the president.

 

Cabinet ministers, ministers of state, and deputy ministers are the three types of ministers who make up the council of ministers. The distinction between them is based on their respective positions, emoluments, and political clout. The Prime Minister, the country's supreme governing authority, sits atop all of these ministers.

 

Cabinet ministers are in charge of important Central government ministries such as home, defence, finance, and foreign affairs, among others. They are cabinet members who attend cabinet meetings and play a key role in policymaking. As a result, their responsibilities span the entire federal government.

 

Ministers of state can be assigned to ministries/departments on their own or be attached to cabinet ministers. If they are attached, they may be given charge of departments within the ministries headed by cabinet ministers, or they may be assigned specific tasks within the ministries headed by cabinet ministers. They work under the supervision and guidance, as well as the overall charge and responsibility, of cabinet ministers in both cases. In the case of independent charge, they perform the same functions and have the same powers as cabinet ministers in relation to their ministries/departments. They are not, however, members of the cabinet and are not invited to cabinet meetings unless something related to their ministries/departments is being considered by the cabinet.

 

The deputy ministers are the next in line. They are not in charge of ministries or departments on their own. They work alongside cabinet ministers or ministers of state, assisting them with administrative, political, and parliamentary responsibilities. They do not attend cabinet meetings because they are not members of the cabinet.

 

It is also worth noting that there is a separate category of ministers known as parliamentary secretaries. They are the members of the council of ministers' (also known as the'ministry') last category. They have no control over any departments. They are attached to senior ministers and assist them with their parliamentary responsibilities. However, with the exception of the first phase of Rajiv Gandhi's government, no parliamentary secretaries have been appointed since 1967. A deputy prime minister may be included in the council of ministers at times. The appointment of deputy prime ministers is primarily motivated by political considerations.