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Central Council of Ministers
This chapter elaborates on the structure and functions of the group of ministers who aid and advise the President in the exercise of their executive functions.
Constitutional Provisions
Article 74 of the Constitution states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of their functions, act in accordance with such advice. This article was amended by the 42nd Constitutional Amendment Act of 1976 to make the President bound by the advice of the Council of Ministers. However, the 44th Constitutional Amendment Act of 1978 added a proviso allowing the President to require the Council to reconsider its advice, after which the President shall act in accordance with the advice tendered after such reconsideration.
Article 75 contains other provisions related to ministers.
Article 77 deals with the conduct of the business of the Government of India.
Article 78 outlines the duties of the Prime Minister with respect to furnishing information to the President.
Article 88 discusses the rights of ministers with respect to the Houses of Parliament.
Nature of Advice by Ministers
The nature of the advice tendered by ministers to the Governor (at the state level, analogous to the President at the central level) cannot be inquired into by any court.
This provision, mentioned in the context of the Governor and Council of Ministers at the state level (Article 163), highlights the confidential relationship between the executive head and the council of ministers. The principle of confidentiality likely extends to the central level as well, underpinning the functioning of the Council of Ministers and its relationship with the President.
Appointment of Ministers
The Prime Minister is appointed by the President, and other ministers are appointed by the President on the advice of the Prime Minister. This highlights the central role of the Prime Minister in the formation of the Council of Ministers. The Prime Minister recommends individuals for ministerial positions, and the President formally appoints them.
Oath and Salary of Ministers
Before entering upon their office, ministers take an oath of office and secrecy. The form of the oath for state ministers is similar to that of the Chief Minister, and this principle is likely to apply at the central level as well. The salaries and allowances of ministers are determined by the Parliament.
Responsibility of Ministers
- The Council of Ministers is collectively responsible to the Lok Sabha (House of the People).
This is a fundamental principle of parliamentary democracy, meaning that the government must maintain the confidence of the lower house of Parliament to remain in power. If the Lok Sabha passes a vote of no confidence against the Council of Ministers, the entire council, including the Prime Minister, has to resign.
Individual Responsibility
Article 75 also contains the principle of individual responsibility. It states that the ministers hold office during the pleasure of the president, which means that the President can remove a minister even at a time when the council of ministers enjoys the confidence of the Lok Sabha. However, the President removes a minister only on the advice of the Prime Minister.
No Legal Responsibility
no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister. Moreover, the courts are barred from enquiring into the nature of advice rendered by the ministers to the president.
Composition of the Council of Ministers
The source does not explicitly detail the different ranks or categories within the Council of Ministers in this chapter excerpt. However, it mentions the existence of the Cabinet as a smaller body within the larger Council of Ministers.
Council of Ministers vs Cabinet
The chapter distinguishes between the Council of Ministers and the Cabinet. While all members of the Cabinet are members of the Council of Ministers, the Cabinet is a smaller, more select body comprising the senior ministers holding important portfolios. The Cabinet is the chief policy-formulating body of the government and plays a crucial role in decision-making.
Aspect | Cabinet | Council of Ministers |
Composition | Senior ministers with key portfolios like defence, home, education, etc. | Includes Cabinet Ministers, Ministers of State, and Deputy Ministers |
Constitutional Status | Became a constitutional body after the 44th Constitutional Amendment Act of 1978 | It is a constitutional body |
Experience and Role | Composed of the most experienced ministers; Prime Minister consults them on key matters | Prime Minister may or may not consult them on important decisions |
Decision Binding | Cabinet decisions are binding on all ministers | No such direct binding indicated |
Responsibility | Enforces collective responsibility of the council to its members | Enforces collective responsibility to the Lower House of Parliament |
Meeting Frequency | Meets frequently to formulate policies and take major national decisions | Meetings are rare |
Size | Approximately 15–20 ministers | Typically 60–70 ministers in total |
Role of Cabinet
The Cabinet presides over the meetings of the Council of Ministers and influences its decisions. It also coordinates the work of different ministries. The Cabinet is at the centre of the governmental machinery, driving policy and ensuring cohesion among different departments.
Role Descriptions
The chapter likely delves into the different roles played by ministers, depending on their portfolios and responsibilities within the government. However, the provided excerpts do not elaborate on these specific role descriptions.
Kitchen Cabinet
The concept of a “Kitchen Cabinet” is also mentioned. This typically refers to an informal group of advisors who may or may not be formal members of the Cabinet but are trusted confidantes of the Prime Minister and exert significant influence on policy and decision-making.
In summary, Chapter 20 provides a foundational understanding of the Central Council of Ministers, its constitutional basis, the process of appointment, its collective responsibility, and the crucial role of the Cabinet within it. The chapter also touches upon the informal advisory structures like the kitchen cabinet.
