Structure and responsibilities of the Council of Ministers

Reference

The Union Council of Ministers led by Prime Minister Narendra Modi took oath on June 9, 2024. The current Council of Ministers consists of the Prime Minister, 30 Cabinet Ministers, 5 Ministers of State with Independent Charge, and 36 Ministers of State.

What is the Council of Ministers

Constitutional Provisions

• Article 74: There shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President and the President shall act in accordance with such advice in exercising his functions.
  • The President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President acts in accordance with the advice given after such reconsideration.
  • The advice given by the Council of Ministers to the President cannot be inquired into in any court.
• Article 75:
  • Appointment of Ministers: According to Article 75(1), the Prime Minister is appointed by the President and other Ministers are appointed by the President on the advice of the Prime Minister.
  • Term of office: According to Article 75 (2), ministers hold office during the pleasure of the President.
  • Collective responsibility: Article 75 (3) provides that the Council of Ministers is collectively responsible to the House of the People.
  • Salaries and allowances: According to Article 75 (6), the salaries and allowances of ministers are determined by Parliament.

Structure of the Council of Ministers 

• The Council of Ministers consists of Cabinet Ministers, Ministers of State with independent charge, Ministers of State or Deputy Ministers.
  • The Minister must be a member of the Lok Sabha or the Rajya Sabha and if he is not a member of Parliament, must become a member within six months of his appointment.
• Cabinet Ministers: The most experienced MPs are made Cabinet Ministers.
  • Cabinet ministers report directly to the Prime Minister. They have full responsibility for the ministry given to them.
  • A Cabinet Minister may also hold more than one ministry.
  • It is mandatory for the cabinet minister to attend the cabinet meeting. The government takes all its decisions in the cabinet meeting.
• Minister of State (Independent Charge): After the Cabinet Minister, the Minister of State (Independent Charge) comes next. They also report directly to the Prime Minister.
  • They have full responsibility for the ministry. Ministers with independent charge are not answerable to the cabinet minister, but they do not attend cabinet meetings.
• Minister of State: Ministers of State act as aides to cabinet ministers. They report to a cabinet minister, not to the Prime Minister.
  • One or two Ministers of State are appointed subordinate to a Cabinet Minister, who work under the leadership of the Cabinet Minister.
  • In the absence of a Cabinet Minister, he handles all the work of the Ministry.

Role and responsibility of the Council of Ministers

• Supreme decision-making authority: The Council of Ministers takes executive decisions on a variety of issues, including economic policies, defence, foreign affairs, and internal security.
• The main policy making body of the government: The Council of Ministers is responsible for formulating policies and programmes for the country.
  • It discusses, deliberates and takes decisions on various issues affecting the nation.
• Supreme Executive Authority: Each minister is responsible for the administration of the department assigned to him.
  • He ensures the implementation of government policies and programmes.
• Chief Coordinator of the Union Government: The Council of Ministers headed by the Prime Minister aids and advises the President in his functions.
  • The President acts in accordance with such advice in the exercise of his functions.
• Law making: The Council of Ministers plays a key role in the legislative process. Ministers introduce bills, participate in debates and ensure the passage of laws in Parliament.
• Budget and Financial Matters: The Council of Ministers prepares and presents to the House the Union Budget, which outlines the government's revenues and expenditure for the financial year.
• Foreign Policy: The Council of Ministers is the supreme decision-making body of the government, which determines the direction of India's foreign relations by giving necessary directions.

Constitutional limit on the expansion of the Council of Ministers

• The first Council of Ministers at the time of independence had only 15 ministers headed by Prime Minister Jawaharlal Nehru.
• After the first general election in 1952, Prime Minister Nehru included about 30 ministers in his Council of Ministers.
• Over time, the size of the Council of Ministers gradually increased to 50-60 members. When Atal Bihari Vajpayee became Prime Minister in 1999, his Council of Ministers had 74 ministers.
• The National Commission to Review the Working of the Constitution (2000), headed by Justice Venkatachalaiah, suggested a limit of 10% of the total strength of Lok Sabha/Vidhan Sabhas for the number of ministers at the Union/State level.
• The 91st Constitutional Amendment (2003) limited the total number of ministers, including the Prime Minister/Chief Minister, to 15% of the total strength of the Lok Sabha/State Legislative Assembly.
  • There is no minimum requirement at the central level, but smaller states must have at least 12 ministers.
  • For the National Capital Territory of Delhi and Jammu and Kashmir, the maximum limit is 10% of the total strength of its Legislative Assembly.

Discrepancies related to the Council of Ministers

• Appointment of Parliamentary Secretaries: States appoint Parliamentary Secretaries (PS) to circumvent the limit on the number of ministers imposed by the 91st Amendment.
  • • The office of Parliamentary Secretary originates from the British system. The post was first created in 1951.
    • No appointment has been made to the post of Parliamentary Secretary in the Central Government since 1990.
• Judicial intervention regarding parliamentary secretary
  • • The High Courts of Punjab and Haryana, Rajasthan, Bombay, Calcutta, Telangana, Karnataka etc. have indirectly cancelled or questioned the appointment of Parliamentary Secretaries in the States under their jurisdiction for violating the ceiling on the Council of Ministers.
    • In July 2017, the Supreme Court also declared the law passed by the Assam government in 2004 for the appointment of parliamentary secretaries as unconstitutional.
    • In January 2024, the Himachal Pradesh High Court in its order barred six parliamentary secretaries appointed in the state from acting as ministers or availing the facilities provided to ministers.
• No legal responsibility 
  • • In India, there is no provision for the legal responsibility of a minister. It is not necessary that the President's order for public work be countersigned by a minister.
    • In contrast, in Britain, the King's order for any public action is countersigned by the relevant minister.