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Source -This post on council of Minister has been based on “On the size of Council of Ministers” publsihed on 16 June 2024.
Why in news?
Recently, The Union Council of Ministers (COM) led by Prime Minister Narendra Modi was sworn in at the Rashtrapati Bhavan in New Delhi on June 9, 2024.
About Council of Ministers (COM)
1. Council of Ministers (CoM)is the highest decision-making body in the government. They are headed by the Prime Minister.
Note: According to the 91st Constitutional Amendment Act of 2003, the total number of ministers, including the Prime Minister, in the Central Council of Ministers must not exceed 15 percent of the total strength of the Lok Sabha.
2. Members: Its member includes the Prime Minister, Cabinet Ministers, Ministers of State (MoS) with independent charge, MoS, and Deputy Ministers.
3. Roles:
i) Cabinet Ministers handle major ministries like Home, Defense, and Finance.
ii) Ministers of State may have independent charge or assist Cabinet Ministers.
iii) Deputy Ministers assist both Cabinet Ministers and MoS.
iv) Deputy Prime Minister is appointed for political reasons on the Prime Minister’s suggestion.
About Constitutional Provisions
| Article | Provision |
| Article 74 | i) Establishes the CoM to aid and advise the President. ii) Presidential decisions based on this advice are not subject to judicial inquiry. |
| Article 75 | i) Prime Minister appointed by the President; other ministers appointed on PM’s advice. ii) CoM collectively responsible to the Lok Sabha. iii) Ministers must be members of Parliament within six months of appointment. iv) Salaries determined by Parliament. |
| Article 77 | i) All executive actions taken in the name of the President. |
| Article 78 | i) Prime Minister communicates CoM decisions and legislative proposals to the President. |
| Article 88 | Ministers can participate in parliamentary proceedings and committees. |
About Oath and Salary of Ministers
i) Oath is administered by the President; includes allegiance to the Constitution, sovereignty, and duties of office.
ii) Salary is determined by Parliament; includes allowances, accommodation, travel, medical facilities, and other perks.
Responsibilities of the CoM
1. Collective Responsibility: Article 75(3) lays down that the Council of Ministers shall be collectively responsible to the Lok Sabha. They must resign if a no-confidence motion is passed. They are bound by Cabinet decisions, even if initially opposed.
2. Individual Responsibility: Ministers serve at the President’s pleasure and can be removed on the Prime Minister’s advice. PM can request resignation or advise dismissal if unsatisfied with a minister’s performance.
Issues and Challenges
1. Parliamentary Secretaries: Some States appoint Parliamentary Secretaries to bypass the 91st Amendment’s limit on the number of Ministers.
2. Legal Challenges: Various High Courts and the Supreme Court have questioned or invalidated these appointments.
2. Disparities in Ministerial Limits: States like Sikkim and Goa, with populations ranging from seven to forty lakhs, have a minimum of 12 Ministers. NCT of Delhi and Jammu & Kashmir, with populations over 2 crores and 1.5 crores respectively, have a maximum of 7 and 9 Ministers.
3. Considerations for Union Territories: In Delhi, public order, police, and land administration are not under the Delhi government. Similarly, Jammu and Kashmir’s government does not control public order and police. Given their large populations, the 10% limit for these Union Territories’ COM may need reconsideration.
UPSC Syllabus: Polity and nation
