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.
· President can dismiss a COM even the
· Councils enjoy majority on the advice of the POI. PM can also ask to resign.
· 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||
|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
1. Small unit therefore efficient.
2. Can meet often – deal with business much more expediently
3. Helps PM maintain secrecy.
1. Reduces authority and status of cabinet.
2. Circumvents the legal procedure – allowing outside persons-influential role in government functioning
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