Introduction
India follows a parliamentary system of government based on the British model. The real executive power lies with the Council of Ministers headed by the Prime Minister. Constitutional provisions related to it are mainly in Articles 74, 75, 77, 78, and 88.
Article 74—Council of Ministers to Aid and Advise the President
- The Council of Ministers, with the Prime Minister at the head, shall aid and advise the President.
- The president must act according to the advice but may ask for reconsideration once.
- The advice, even after reconsideration, is binding on the President.
- The advice given by ministers cannot be challenged in any court.
Article 75 – Provisions Related to Ministers
- The Prime Minister is appointed by the President; other ministers are appointed on the PM’s advice.
- The total number of ministers, including the PM, shall not exceed 15% of the Lok Sabha strength (91st Amendment Act, 2003).
- A disqualified member under anti-defection is also disqualified from becoming a minister (91st Amendment Act, 2003).
- Ministers hold office during the pleasure of the President.
- The Council of Ministers is collectively responsible to the Lok Sabha.
- The President administers the oaths of office and secrecy to ministers.
- A minister not a member of Parliament for six consecutive months shall cease to be a minister.
- Salaries and allowances of ministers are determined by Parliament.
Article 77—Conduct of Government Business
- All executive actions of the government of India are taken in the name of the President.
- Orders and instruments made in the president’s name must be properly authenticated.
- Once authenticated, their validity cannot be questioned.
- The President makes rules for more convenient business transactions and allocates business among ministers.
Article 78—Duties of the Prime Minister
- The Prime Minister communicates all decisions of the Council of Ministers to the President.
- The PM provides any information about administration or legislation as requested by the President.
- The PM must submit any matter for the council’s consideration if the president so requires.
Article 88—Rights of Ministers in Parliament
- Every minister has the right to speak and participate in proceedings of either house, joint sittings, and parliamentary committees, but cannot vote unless they are a member of that house.
Key Concepts
- Collective Responsibility: The council is collectively responsible to the Lok Sabha.
- Pleasure of the President: Ministers hold office as long as the President (on PM’s advice) desires.
- 91st Amendment Act: Capped ministerial strength at 15% of Lok Sabha and barred defectors from ministerial posts.
Nature of Advice by Ministers
- 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 Amendments made the advice of the Council binding on the President.
- The advice tendered by ministers to the president cannot be questioned in any court, reflecting the confidential nature of their relationship.
- The Supreme Court ruled in 1971 that even after Lok Sabha dissolution, the Council of Ministers continues in office and executive powers cannot be exercised by the President without their aid and advice.
- In 1974, the Court clarified that any reference to the “satisfaction of the President” in the Constitution means the satisfaction of the Council of Ministers.
Appointment of Ministers
- The Prime Minister is appointed by the President, and other ministers are appointed by the President on the PM’s advice.
- Only individuals recommended by the Prime Minister can be appointed as ministers.
- Ministers are usually MPs, but non-MPs can also be appointed, provided they become members of Parliament within six months.
- A minister who is a member of one house can participate in proceedings of the other house but can vote only in the house they belong to.
Oath and Salary of Ministers
- Ministers take the oaths of office and secrecy administered by the President before assuming office.
- The oath of office includes allegiance to the Constitution, upholding sovereignty, faithful discharge of duties, and impartial service to all.
- The oath of secrecy prevents ministers from revealing confidential matters learned during their tenure.
- The Supreme Court upheld the validity of the “Deputy Prime Minister” title in 1990, stating it is merely descriptive and not unconstitutional.
- Salaries and allowances of ministers are determined by Parliament and include pay as MPs, along with additional perks like housing, travel, medical benefits, and a sumptuary allowance based on rank.
Responsibility of Ministers
Collective Responsibility
- Article 75 establishes collective responsibility of the Council of Ministers to the Lok Sabha.
- Ministers act as a team and share responsibility for government actions; if a no-confidence motion passes, the entire council must resign.
- The Council may also advise dissolution of the Lok Sabha, but the President may refuse if confidence is lost.
- Cabinet decisions bind all ministers, even if they disagreed; those unwilling to support a decision must resign.
- Historical resignations due to differences include Dr. B.R. Ambedkar (1953), C.D. Deshmukh, and Arif Mohammed Khan.
Individual Responsibility
- Article 75 states ministers hold office at the President’s pleasure, meaning the PM can advise dismissal of any minister.
- The Prime Minister ensures unity and coherence in the Council through the power to retain or remove ministers.
- Dr. Ambedkar emphasized the necessity of the PM’s authority to uphold collective responsibility.
No Legal Responsibility
- Unlike Britain, India does not require ministerial countersignature for presidential orders.
- Ministers are not legally accountable in courts for the advice they give; the President is not bound to reveal it.
Composition of the Council of Ministers
- The council consists of cabinet ministers, ministers of state, and deputy ministers, with the prime minister at the top.
- Cabinet ministers handle major ministries like Home, Finance, Defence, and External Affairs and participate in cabinet meetings.
- Ministers of State may have independent charge or assist Cabinet Ministers; they are not Cabinet members and attend meetings only when invited.
- Deputy ministers are junior to both and assist in day-to-day functions without independent charge or cabinet presence.
- Parliamentary Secretaries (now largely discontinued) were junior ministers aiding seniors in parliamentary duties; they were last seen under the early Rajiv Gandhi government.
- The Council may include a deputy prime minister, usually appointed for political considerations.
Role of the Cabinet
- It is the highest decision-making authority in India’s politico-administrative system
- It is the chief policy-formulating body of the Central Government
- It acts as the supreme executive authority of the Central Government
- It coordinates the functioning of Central administration
- It advises the President, and its advice is binding
- It handles national crises and emergency situations
- It deals with major legislative and financial matters
- It controls top-level appointments such as constitutional authorities and senior bureaucrats
- It handles foreign policy and international affairs
Distinction Between Council of Ministers and Cabinet
- The Council of Ministers is a larger body of about 60 to 70 members, while the Cabinet is a smaller body with around 15 to 20 key ministers
- The Council includes all ministers—Cabinet Ministers, Ministers of State, and Deputy Ministers—whereas the Cabinet includes only Cabinet-rank ministers
- The Council does not meet as a body or perform collective functions, whereas the Cabinet meets regularly, usually weekly, to deliberate and take collective decisions
- The Council holds theoretical powers, but the Cabinet exercises those powers in practice
- The Cabinet determines the functions of the Council and takes binding policy decisions
- The Council implements Cabinet decisions, while the Cabinet supervises their implementation
- The Council is a constitutional body mentioned in Articles 74 and 75, though its size and tiers are not defined in the Constitution; its structure is based on British parliamentary conventions
- The Cabinet was given a constitutional mention in Article 352 by the 44th Amendment in 1978, but its role and functions are based on conventions and not elaborated in the Constitution
