Central Council of Ministers
Introduction
● The Council of Ministers, headed by the Prime Minister, is the real executive authority in India's
parliamentary system.
● Articles 74 and 75 of the Constitution deal with the Council of Ministers.
Constitutional Provisions
● Article 74 - Council of Ministers to aid and advise President:
○ There shall be a Council of Ministers with the Prime Minister as its head to aid and advise the
President.
○ The President shall act in accordance with such advice.
○ The President may require the Council to reconsider the advice, but is bound to act on the advice
tendered after such reconsideration.
○ The advice tendered by ministers cannot be inquired into in any court.
● Article 75 - Other Provisions as to Ministers:
○ The Prime Minister is appointed by the President, and other ministers are appointed by the
President on the advice of the Prime Minister.
○ The total number of ministers, including the Prime Minister, shall not exceed 15% of the total
strength of the Lok Sabha (added by the 91st Amendment Act, 2003).
○ A member of Parliament disqualified on the ground of defection is also disqualified from being
appointed as a minister.
○ Ministers hold office during the pleasure of the President.
○ The Council of Ministers is collectively responsible to the Lok Sabha.
○ A minister who is not a member of Parliament for six consecutive months ceases to be a minister.
● Article 77 - Conduct of Business:
○ All executive actions of the Government of India are formally taken in the name of the President.
○ The President shall make rules for the convenient transaction of government business and for the
allocation of said business among ministers.
● Article 88 - Rights of Ministers as Respects the Houses:
○ Every minister has the right to speak and take part in the proceedings of either House, but can vote
only in the House of which he/she is a member.
Responsibility of Ministers
● Collective Responsibility:
○ This is the fundamental principle of the parliamentary system, mentioned in Article 75.
○ All ministers share joint responsibility to the Lok Sabha for their actions. They "swim or sink
together."
○ If a no-confidence motion is passed by the Lok Sabha, all ministers (including those from the Rajya
Sabha) must resign.
○ Cabinet decisions are binding on all ministers. A minister who disagrees with a Cabinet decision
must resign.
● Individual Responsibility:
○ Article 75 also holds that ministers serve "during the pleasure of the President," which means the
President can remove a minister at any time on the advice of the Prime Minister.
○ This power allows the Prime Minister to ensure cohesion and enforce collective responsibility.
● No Legal Responsibility:
○ Unlike in Britain, there is no provision in India for the legal responsibility of a minister.
○ An order of the President does not require a minister's countersignature.
○ Courts are barred from inquiring into the nature of advice rendered by ministers to the President.
Composition of the Council of Ministers
The Council of Ministers consists of three categories of ministers:
1. Cabinet Ministers:
○ Head the important ministries of the Central government (e.g., Home, Defence, Finance).
○ They are members of the cabinet, attend its meetings, and play a key role in policy decisions.
2. Ministers of State:
○ Can be given independent charge of ministries/departments or can be attached to cabinet
ministers.
○ When attached, they work under the supervision of the cabinet ministers.
○ They are not members of the cabinet and do not attend its meetings unless specially invited.
3. Deputy Ministers:
○ Are not given independent charge and are attached to cabinet ministers or ministers of state to
assist them in their duties.
○ They are not members of the cabinet and do not attend its meetings.
● Parliamentary Secretaries: This is another category of ministers, but they are not members of the council
of ministers and have no department under their control.
Council of Ministers vs. Cabinet
Feature Council of Ministers Cabinet
Body Size A wider body. A smaller body.
Composition Includes all three categories: Includes only cabinet ministers; it is a
cabinet ministers, ministers of part of the Council of Ministers.
state, and deputy ministers.
Functions Does not meet as a body to Meets frequently (usually weekly) to
transact business; has no take decisions on government business;
collective functions. it has collective functions.
Power Vested with all powers in theory. Exercises the powers of the Council of
Ministers in practice.
Role Implements decisions taken by Directs the Council of Ministers through
the Cabinet. policy decisions and supervises their
implementation.
Constitutional Basis A constitutional body detailed in It was inserted into Article 352 by the
Articles 74 and 75. 44th Amendment Act (1978); its role is
based on conventions.
Responsibility Collectively responsible to the Enforces the collective responsibility of
Lower House of Parliament. the Council of Ministers to the Lower
House.
Role of the Cabinet
● It is the highest decision-making authority in the politico-administrative system.
● It is the chief policy-formulating body of the Central Government.
● It is the supreme executive authority.
● It is the chief coordinator of Central administration.
● It is an advisory body to the President, and its advice is binding.
● It is the chief crisis manager for all emergency situations.
● It deals with all major legislative, financial, and foreign policy matters.
Kitchen Cabinet (Inner Cabinet)
● An informal body, smaller than the formal Cabinet, that has become the real center of power.
● Composition: Consists of the Prime Minister and a few influential colleagues, and can also include
outsiders like friends and family.
● Merits:
○ Being a smaller unit, it is more efficient for decision-making.
○ It can meet more frequently to handle business expeditiously.
○ It helps the Prime Minister maintain secrecy on important issues.
● Demerits:
○ It reduces the authority and status of the Cabinet.
○ It circumvents the legal process by allowing outsiders to influence government functioning.