All You Need To Know About Council Of Ministers (article 74)
Introduction
Executive of Part V of the Constitution, i.e., Union, mentions the President, Vice-President, Council of Ministers headed by the Prime Minister, and Attorney General. The British model of cabinet government was adopted by the constitution's drafters in India.
According to Article 74 of the Constitution, there shall be a Council of Ministers, headed by the Prime Minister, to assist and advise the President, who shall follow their recommendations when performing his duties. The Prime Minister and other Ministers make up the Council of Ministers. The three different categories of ministers are Deputy Ministers, Ministers of State, and Cabinet Ministers. Each one of them is appointed by the Indian President.
Council of Ministers - Historical Background
• The Indian Constitution has adopted the British parliamentary system of government, in which the Council of Ministers, which is presided over by the Prime Minister, serves as the actual executive of the Indian Union and actually executes the President's theoretically granted executive authority.
• Lord Canning's Indian Councils Act of 1861 is where it all began.
Council of Ministers - Constitutional Provisions
• Council of Ministers to assist and advise President - Article 74.
• In accordance with Clause (1), a Council of Ministers will be in place, led by the Prime Minister, to assist and advise the President as s/he performs his duties.
• With the caveat that the President may ask the Council of Ministers to reevaluate such advice, generally or otherwise, and that the President must follow the advice provided upon such reevalation.
• In accordance with clause (2), no court shall examine as to whether or what advice was provided to the President by Ministers.
• According to Article 75(1) of the Constitution, "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 Following Are Additional Provisions of Article 75:
• A maximum of 15% of the total members of the House of the People may serve as ministers, including the prime minister, in the Council of Ministers.
• The President's pleasure governs the ministers' tenure in office.
• The House of the People is ultimately responsible to the Council of Ministers.
• The President administers the oath of office and secrecy to a minister before s/he assumes his position using the forms specified in the third Schedule.
• Ministers receive compensation that is set forth in the Second Schedule until it is changed by law or until such time as it is determined by the Parliament.
1. A member of either House of the Parliament belonging to any political party is disqualified for being a member of that house under the 10th Schedule shall also be disqualified to be appointed as a minister under clause (1) for the duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where the contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
• A minister who for any period of six consecutive months is not a member of either House of the Parliament shall at the expiration of that period ceases to be a Minister.
Other Constitutional Articles Related To Council Of Ministers
|
Article |
Provision |
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Article 77 |
Conduct of business of the Government of India |
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Article 78 |
Duties of the Prime Minister as respects the furnishing of information to the President, etc. |
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Article 88 |
Rights of Ministers in respects Houses. |
Creation of A Council of Minister
• The President's appointment of the Prime Minister marks the start of the Council of Ministers creation process.
• The President will have little opportunity to use his own judgment when choosing the Prime Minister. He must be the party's leader if it wins a majority in the Lok Sabha.
• The President may exercise some discretion within the limitations of conventions only when none of the parties represented in the Lok Sabha commands a clear majority.
• In actuality, the Prime Minister has complete discretion over the section of other Ministers. The President must only accept the Prime Minister's suggestions.
• Other Ministers are chosen by the Prime Minister. The President must accept the group he has selected.
Qualification of Council of Minister
• Any member of either House of Parliament must be a minister.
• If someone who is not a member of either House of the Parliament is appointed as a minister, that person will lose their position after six months, unless they are required to run for election to one of the Houses of Parliament within that time frame.
Disqualification of The Council of Minister For Defection
• Additionally, a Member of Parliament who was expelled for defecting would not be qualified to serve as a minister. However, s/he will be qualified to hold the position of minister if s/he is elected once more in the upcoming, newly held Parliamentary election.
Participation of Council of Minister In Legislative Proceedings
• Members of either House may be chosen as ministers.
• A Minister who is a member of one House has the right to speak in and participate in the activities of the other House, but s/he does not have the right to vote in that House.
Salary of The Council of Minister
• According to the constitution, the salary and benefits of ministers are those that the Parliament may occasionally set by law. Each minister is entitled to the same pay and benefits as a Member of Parliament as a result of a statute passed by Parliament in 1985.
Strength of The Council of Minister
• The Constitution makes no indication of its size or classification.
• The Prime Minister sets its dimensions based on the demands of the moment and the circumstances.
• However, in accordance with the 91st Constitutional Amendment Act of 2003, it cannot exceed 15% of the Lok Sabha's total membership.
Term of Office For The Council of Minister
• The Prime Minister may at any time request the resignation of any minister, and that minister must comply.
• Any minister may be dismissed at the Prime Minister's discretion, and the President is obligated to heed his recommendations. The whole Council of Ministers steps down when the Prime Minister does.
• As a result, the tenure of the ministry or a minister is not set. As long as the majority of the Lok Sabha has confidence in the government or minister in question, or as long as the Prime Minister doesn't resign, they remain in office.
• A minister may serve in that capacity for a maximum of five years, or one full Lok Sabha term.
• A new government must be created following every new general election to the Lok Sabha, even if the same party that won a majority in the previous Lok Sabha returns with a majority in the next Lok Sabha.
Categories of Ministers
The Council of Ministers is a composite council made up of ministers of various grades rather than a single body. The Council of Ministers' members are not divided into distinct ranks according to the constitution. According to British custom, the categorization is done informally.
Cabinet Minister
• They are seasoned ministers who oversee crucial departments like home affairs, finance, defense, agriculture, and foreign affairs.
• Although their number varies from time to time, it usually falls between 15 and 20.
• Unless s/he is designated a Minister without portfolio, a Cabinet Minister always serves as the head of a Ministry and is given independent control over it. S/He attends the Cabinet meeting on his own behalf, usually with the help of a Minister of State, Deputy Minister, or both.
Minister of State
• A Ministry may be assigned to a Minister of State for autonomous management.
• S/He is not permitted to attend Cabinet sessions on his own will, but s/he is permitted to attend if invited.
Deputy Minister
• A deputy minister does not have independent control over any department and is a subordinate member of the Council of Ministers.
• To ensure that he receives the right instruction, s/he is placed under the supervision of either a minister of cabinet rank or a minister of state.
• He abstains from the Cabinet meetings.
Power of Council of Ministers
Executive Power
• All executive duties of the President of India are carried out by the Council of Ministers.
• The policies that will be submitted to Parliament for approval are created by the Cabinet. It adopts these measures after getting the consent of the Parliament. It administers the Union in accordance with approved policies. The Cabinet/Prime Minister oversees and coordinates all government ministries. All domestic policies deemed critical for the general development of the nation are to be developed by the Cabinet.
• The Lok Sabha holds the Council of Ministers jointly and severally liable for all of its policies and choices. Any setback might spell the end for the ministry on any front.
Emergency Power
• When exercising his emergency powers, the President always follows the advice of the Prime Minister and his council of ministers.
• The President may only declare an emergency with the consent of the Cabinet. He acts on the recommendations of the Prime Minister and his Council of Ministers to deal with the emergency.
Legislative Power
• The Council of Ministers is crucial to the legislative process even though Parliament has the authority to enact laws for the Union. Ministers are both the leaders of government ministries and members of the Parliament. They take an active and complete part in the legislative process.
• The majority of the measures are authored and introduced by them. The government's activity, which is controlled by ministers, occupies 95% of the time when the Parliament is in session. A bill that is not supported by the Council of Ministers cannot be passed because the ministry has the support of the majority of members of Parliament.
• The whole Council of Ministers resigns if the Lok Sabha approves a measure that the Council of Ministers opposes, rejects a bill that the Council of Ministers favors, or approves the Cabinet's budget. This is regarded as a vote of no confidence in the administration. While doing so, the President can receive a recommendation from the Prime Minister or Cabinet to dissolve the Lok Sabha.
Responsibility of The Council Of Minister
Collective Responsibility
• The fundamental tenet of the Cabinet or Parliamentary form of government is shared responsibility. The approved behavior of Government Ministers in their capacity as members of the Cabinet is referred to as collective cabinet responsibility. It operates in England according to recognized customs. This idea is upheld in India by adding specific clauses to the Constitution.
• According to paragraph 3 of Article 75, "the Council of Ministers is collectively responsible to the House of the People."
• A government may only remain in power for as long as it maintains the confidence of the House of People, which can be taken for granted unless and until it is disproven by a confidence vote. Therefore, the entire Council of Ministers resigns if a single Ministry's decision on a policy subject is opposed in the Lok Sabha, not just the Minister. Together, the Council of Ministers swims and sinks. Together, it rises or declines.
• The individual Ministers may disagree with one another on particular subjects, but once the Cabinet makes a decision, all the Ministers agree to it. Each and every Minister has a responsibility to uphold it and lend it support both inside and outside of Parliament.
• A minister must resign if he disagrees with a cabinet decision and is unwilling to defend it.
• In 1953, B.R. Ambedkar, Due to differences with his colleagues about the Hindu Code Bill, resigned.
• Arif Mohammed resigned as a result of his opposition to the Muslim Women (Protection of Rights on Divorce) Act of 1986.
• The fundamental tenet of collective responsibility is to give the Cabinet cohesion and uniformity so that government operations don't slack off.
Individual Responsibility
• Despite having a collective responsibility to the Lok Sabha, each Minister will also have an individual responsibility to the President, who is the head of state.
• The Ministers are subject to removal by the President at any moment, according to Article 75(2).
• However, as the President is required to follow the Prime Minister's recommendations, the Prime Minister really uses this authority. The Minister is asked to resign by the Prime Minister.
No Legal Responsibility
• The Indian Constitution does not specify a system of legal accountability.
• In the UK, a minister who is legally accountable for the act must countersign each public act the monarch performs. The minister will face legal repercussions if the act is illegal.
• In India, a minister should not countersign a presidential order for a public act. The President is free to establish the procedures for authenticating his directives.
• Additionally, courts are not permitted to look into the type of advice given by ministers.
Position of The Council of Minister
• The Council of Ministers has a vital and central function as the actual and powerful executive in the Indian political system.
• All of the President of India's authority is actually exercised by the Council of Ministers.
• The Council of Ministers' Cabinet is its most potent member. The central institution is in charge of exercising all of these authority. The development of national policies as well as the administration's activities are under the direction, supervision, and control of the Cabinet.
• The Cabinet holds an enviable position as the creator of all policies, the head of administration, and the supreme coordinator of government action. In fact, it serves as the state ship's rudder. It is the most potent institution and the seat of power in the Indian political system.
Judgment Related To Council of Ministers
• The Supreme Court ruled in S.R. Chauhan v. State of Punjab (2001) that a non-member cannot be reappointed without being elected. However, a Non-Member may also join the council of ministers for a period of no more than six months.
• Devi Lal's 1990 oath as deputy prime minister was contested on the grounds that it was illegal because the Constitution only names the prime minister and other ministers.
• The Supreme Court maintained the validity of the oath and ruled that calling someone a deputy prime minister is just a descriptor and does not give him any PM-like authority.
• The Supreme Court found that, as long as the substantive element of the oath is true, the description of a minister as a deputy prime minister or any other sort of minister, such as a minister of state or deputy minister, which is not included in the Constitution, does not vitiate the oath taken by him.