Central Council of Minister

Article 74 ·         There shall be a Council of Ministers with the PM at the head, advise the President, who shall in the exercise of his actions act accordingly.

·         POI can ask for reconsideration.

·         42nd and 44th CAA – advice binding on President – cannot be enquired by court.

Article 75 ·            PM appointed by President (other minister on advice of PM)

·            PM +COM should not be more than 15% of the strength of LS. 91th CA, 2003

·            Minister shall hold office during pleasure of President.

·            COM collectively responsible to LS.

·            Minister – secrecy oath by POI.

·            Who not MP is within should take membership.

Article 77 Conduct of business of the Govt, All executed action will be taken in name of POI.
Article 78 Duties of PM as respects the furnishing of information to the President etc.
Article 88 Right to speak and take part in the proceedings of any House, joint sitting but cannot vote.

In 1947 – SC – Even after the dissolution of LS, the COM does not cease to hold office.

Again in 1974 – satisfaction of President is not the satisfaction of President, but it is of the COM.

Appointment Of Ministers ·         By President on the advice of PM.

·         Person not a member of house – Minister

·         Should take member within six months.

·         Minister – not vote but take part in function.

·         Oath – salary – By President – By Parliament.

Responsibility Of Ministers Collective Responsibility

·         Art 75, says, i.e. Minister over joint responsible to the LS for their acts of omission & commission and if No-Confidence motion passed – All minister have to realising including (RS).

·         COM can advise for dissolution the Lok Sabha, as House does not represent the true representation.

·         Cabinet should support in public the decision.


Individual Responsibility

·         President can dismiss a COM even the

·         Councils enjoy majority on the advice of the POI. PM can also ask to resign.


Legal Responsibility

·         No provision in the Constitution for system of legal responsibility – not required that any order of President be countersigned by minister.

·         Court barred into enquiring nature of advice.

Composition Of The Council Of Ministers 1.       PM – defacto ruler

2.       Cabinet Minister

–          Head important ministries like home, defence, external affairs etc.

–          Attend meeting & play important role in decision making.

3.       State Minister

–          Can be given independent charge or attached to a ministry, to support cabinet minister.

4.       Deputy Minister

–          Attached to cabinet or state only assist them.

5.       Parliamentary Secretary

–          Last Member of COM- Only assist

–          No parliamentary secretaries have been appointed except during the first phase of Rajiv Gandhi Government.

Council Of Ministers v. Cabinet
Council of ministers Cabinet
1. 60 to 70 ministers. 1. 15 to 20 ministers.
2. Cabinet, COM deputy. 2. Only Cabinet
 3. It does not meet, as a body, to transact government business.  3. It meets, as a body, frequently and usually once in a week.
4. Functions are determined by Cabinet. 4. Control COM
5. It implements the decisions of cabinet. 5. It Supervise the implementation of its decision.
6. Collectively Responsible to L.S. 6. Collectively responsible to COM to LH of Parliament.
Role Of Cabinet ·            Highest decision-making

·            Chief policy formulating body

·            Supreme executive authority

·            Manage crisis, emergency situations.

·            Control over higher appointments like constitutional authorities

·            Foreign policies and foreign affairs.

Kitchen Cabinet ·            Named so during Indira Gandhi era – very powerful government system.

·            Small body comprising of Prime Minister +15 to 20 important Minister.

·            Highest decision making body in formal sense – inner circle – real centre of power

·            Merits:

1.       Small unit therefore efficient.

2.       Can meet often – deal with business much more expediently

3.       Helps PM maintain secrecy.

·         Demerits:

1.       Reduces authority and status of cabinet.

2.       Circumvents the legal procedure – allowing outside persons-influential role in government functioning

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