The recent expansion and reshuffle of the Council of Ministers (COM) by the Prime Minister has once again brought this crucial government body into the spotlight. The COM now consists of 77 ministers, nearly half of whom are new appointments. In order to understand the depth of this development, one must dive into the constitutional provisions that govern the structure and functionality of the COM.
Understanding India’s Council of Ministers
As defined by Articles 74 and 75 of the constitution, the COM holds a critical role in the Indian government. It includes three types of ministers: Cabinet Ministers, Ministers of State, and Deputy Ministers.
Cabinet Ministers oversee important central government ministries such as defense, finance, and external affairs. They form the main policy making body of the central government. Ministers of State can either have independent charge of ministries or departments or be attached to Cabinet ministers. Deputy ministers are tasked with assisting Cabinet ministers or Ministers of State in their administrative, political, and parliamentary duties.
Another potential component of the COM is the Deputy Prime Minister, though they’re typically appointed for political reasons rather than constitutional necessity.
Pivotal Constitutional Provisions
Article 74 states that the COM’s advice to the President cannot be scrutinized by any court. However, the President can ask the COM to reconsider its advice, but must ultimately act according to the reconsidered advice.
Article 75 lays down procedures related to the appointment, tenure, responsibility, qualification, and salaries of the ministers. Importantly, it sets a limit on the size of the COM – including the Prime Minister, it should not exceed 15% of the total Lok Sabha’s strength. A minister who isn’t a Parliament member for any consecutive six months shall cease to be a minister.
Administrative and Legislative Duties
According to Article 77, the President shall make rules for efficient government transactions and allocate responsibilities among ministers. Article 78 imposes on the Prime Minister a duty to communicate to the President all COM decisions related to Union affairs administration and legislation proposals.
Ministerial Rights and Responsibilities
Article 88 grants every minister the right to speak and participate in the proceedings of either House, any joint sitting of the Houses, and any Parliament Committee where they are a member. However, they are not entitled to vote.
As per Article 75, the COM is collectively responsible to the Lok Sabha which implies that all ministers share responsibility for their actions and decisions. This provision also encapsulates the principle of individual responsibility, stating that the ministers hold office during the pleasure of the President, implying that a minister can be removed upon the President’s discretion, even when the COM enjoys Lok Sabha’s confidence.
Council of Ministers at State Level
Similar to the Center, each Indian state has its own Council of Ministers functioning under the same principles (Article 163: COM to aid and advise Governor) and (Article 164: Other Provisions as to Ministers). The structure and functionality of these councils mirror that of the central COM, further showcasing the importance of this governmental institution.
