Council of ministers
The Constitution of India provides for a parliamentary system of government or Cabinet form of government modelled on the British pattern, the council of ministers headed by the prime minister is the real executive authority.
Salient Features of Cabinet form of government
•Dual executive: There are two executives – the real executive and the Nominal executive.
•Nominal executive is the head of state (president)
•Real executive is the head of government (Prime minister)
•The party with the greatest representation forms the government
•Dual Membership – ministers are members of both legislature and executive
•Collective Responsibility- PM and his council of ministers are collectively responsible to the Loksabha
The word Cabinet has not been mentioned anywhere in the constitution except in Article 352. Instead, the constitution gave detailed provisions regarding Council of ministers
•Art 74
◆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 his functions, act in accordance with such advice
◆The advice tendered by Ministers to the President shall not be inquired into in any court
●Art 75
Appointment: 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
A person who is not a member of either House of Parliament can also be appointed as a minister. But, within 6 months, he must become a member of either House of Parliament, otherwise, he ceases to be a minister
EXAMPLE : Recent example of Uttarakhand CM
Strength: The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the LokSabha. This provision was added by the 91st Amendment Act of 2003
Tenure: The ministers shall hold office during the pleasure of the President
Collective responsibility: The council of ministers shall be collectively responsible to the LokSabha
Every minister shall have the right to speak and take part in the proceedings of either House, any joint sitting of the Houses and any Committee of Parliament of which he may be named a member. But he shall not be entitled to vote.
Composition of the Council of ministers:
●The council of ministers consists of three categories of ministers are
1. Cabinet ministers
2.Ministers of state
3. Deputy ministers
The difference between them lies in their respective ranks, emoluments, and political importance
Cabinet ministers head the important ministries of the Central government like home, defence, finance, external affairs, and they play an important role in deciding policies.
Ministers of state are attached to cabinet ministers and they work under the guidance of cabinet ministers. However, MoS can also be given independent charge of the Ministry. They are not members of the cabinet and do not attend the cabinet meetings unless specially invited.
Deputy Ministers-Next in rank are the deputy ministers. They are not given independent charge of ministries but are attached to the cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties. They are not members of the cabinet and do not attend cabinet meetings.
parliamentary secretaries- They are the members of the last category of the council of ministers. They have no department under their control. They are attached to the senior ministers and assist them in the discharge of their parliamentary duties.
According to the Transaction of Business rules (1961), Prime Minister can constitute cabinet committees for smooth functioning of business of the government.
At present there are 8 Cabinet committees
•Cabinet Committee on Political Affairs
•Cabinet Committee on Economic Affairs
•Cabinet committee on Appointments
•Cabinet Committee on Security
•Cabinet Committee on Parliamentary Affairs
•Cabinet Committee on Accommodation
•Cabinet committee on Investment
•Cabinet committee on Employment and skill development
Cabinet secretariat:
The Cabinet Secretariat facilitates smooth transaction of business in Ministries/ Departments through enforcement of Transaction of Business Rules, 1961. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination. Cabinet Secretariat also provide secretarial assistance to Cabinet committees
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