Central Council of Ministers

Constitutional Provisions

Under Part V: Article 74 – 78 deal with provision of council of ministers.
Articles
- Article 74: Council of Ministers to Aid and Advise the President
  - There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
  - However, the President may require the Council of Ministers to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.
  - The advice tendered by Ministers to the President shall not be inquired into in any court

Do You Know?

As per 42nd and 44th Amendment the advice given by the Council of Ministers to the President is binding.

- Article 75: Other Provisions as to Ministers
  - The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
  - The total number of ministers in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha , the provision added by 91th amendment.
  - A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister, provision added by 91st amendment.
  - The ministers shall hold office during the pleasure of the President.
  - The council of ministers shall be collectively responsible to the Lok Sabha.
  - The President shall administer the oaths of office and secrecy to a minister.
  - A minister who is not a member of the Parliament for any period of six consecutive months shall cease to be a minister.
  - The salaries and allowances of ministers shall be determined by the Parliament.
- Article 77: Conduct of Business of the Government of India
  - All executive action of the Government of India shall be expressed to be taken in the name of the President.
  - Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President.
  - The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
- Article 78: Duties of Prime Minister
  - To communicate to the President all decisions of the Council of Ministers relating to the administration.
  - To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
  - If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a Minister has taken a decision but which has not been considered by the Council.
- Article 88: Rights of Ministers as Respects the Houses
  - Every minister shall have the right to speak and take part in the proceedings of either House, any joint sitting of the Houses and any Committee of Parliament of which he may be named a member.

Appointment, Oath and Salary of Central Council of Ministers

Appointment of Ministers – By President
Oath of Minister – By President
Salary of Ministers – Decided by Parliament

Responsibilities

Individual Responsibility – President
Collectively Responsibility – Lok Sabha
Legal Responsibility – No provision for legal responsibility in India

Composition of Council Ministers

Cabinet Ministers
- It is a smaller body consisting of 15 to 20 ministers.
- Responsible for key position like defence , finance etc.
Minister of State
- Can be granted autonomous ministry/ departments responsibility and attached to cabinet ministers.
Deputy Minister
- Work along with cabinet ministers and do not attend cabinet meeting.

Kitchen Cabinet

The cabinet, a small group made up of the Prime Minister as its leader and several key Ministers, is the highest decision-making body in a formal sense.
However, an even smaller group known as the “Inner Cabinet” or “Kitchen Cabinet” holds significant power and influence.
This informal group comprises the Prime Minister and a few trusted colleagues with whom he can discuss important issues and make crucial decisions.
It may also include outsiders such as friends and family members of the Prime Minister. Almost every Prime Minister in India has had a close group of advisors in the past.