The Union Council of Ministers (CoM) is the executive body of the Union Government of India. It plays important role in shaping national policy and implementing laws. The CoM operates under the constitutional framework provided by the Constitution of India.
Constitutional Provisions
The CoM is governed by several articles in the Constitution of India:
- Article 74: The CoM aids and advises the President of India.
- Article 75: Details the appointment and tenure of ministers.
- Article 77: Outlines the conduct of business for the government.
- Article 78: Specifies the duties of the Prime Minister.
- Article 88: Grants rights to ministers in relation to Parliament.
Composition of the Union Council of Ministers
The CoM consists of various categories of ministers:
- Cabinet Ministers: Head important ministries like Defence and Finance.
- Ministers of State (MoS): Can be attached to Cabinet Ministers or have independent charges.
- Deputy Ministers: Assist Cabinet Ministers but do not have independent charges.
- Parliamentary Secretaries: Help ministers in Parliament but are not part of the CoM.
Appointment of Ministers
The appointment process is as follows:
- The President appoints the Prime Minister.
- Other ministers are appointed on the advice of the Prime Minister.
- A non-member of Parliament can be appointed but must become a member within six months.
Oaths and Affirmations
Ministers take two oaths:
- Oath of Office: To uphold the Constitution and perform duties faithfully.
- Oath of Secrecy: To maintain confidentiality regarding government matters.
Salaries and Allowances
Ministers receive salaries determined by Parliament. They also get allowances like:
- Sumptuary allowance based on rank.
- Free accommodation.
- Medical facilities.
Roles of the Union Council of Ministers
The CoM serves multiple functions:
- Highest decision-making authority.
- Chief policy-formulating body.
- Advisory body to the President.
- Handles legislative and financial matters.
- Manages foreign policy.
Ministerial Responsibilities
Ministers have two main types of responsibilities:
- Collective Responsibility: The CoM is collectively responsible to the Lok Sabha. If a No-Confidence Motion passes, all ministers must resign.
- Individual Responsibility: Each minister is accountable for their actions and can be removed by the President on the Prime Minister’s advice.
No Legal Responsibility
Unlike in some countries, ministers in India do not have direct legal accountability for executive actions. Presidential orders do not require ministerial countersignatures.
Nature of Advice
The advice given by the CoM to the President is binding. The President may ask for reconsideration, but the advice remains confidential and cannot be questioned in court.
Council of Ministers vs. Cabinet
While often used interchangeably, the terms refer to different bodies:
- Council of Ministers: A larger body comprising all categories of ministers.
- Cabinet: A smaller, more powerful subset that includes only Cabinet Ministers.
Kitchen Cabinet
The Kitchen Cabinet is an informal group of the Prime Minister and selected ministers. It has both merits and demerits:
- Merits: Efficient decision-making and confidentiality.
- Demerits: Can undermine the authority of the full Cabinet.
The Union Council of Ministers is integral to India’s governance. It ensures the implementation of government policies and the functioning of the executive branch. The CoM’s structure and responsibilities are essential for maintaining democratic processes in the country.
