Council of Ministers in India

The Council of Ministers is the real executive authority in India. Although the Constitution formally vests executive power in the President, the actual administration of the country is carried out by the Council of Ministers headed by the Prime Minister. It is the principal executive organ of the Union Government and functions as the central decision-making authority in matters of governance.

At present, the Council of Ministers is headed by Prime Minister Narendra Modi and consists of several ministers handling different ministries. The Council is collectively responsible to the Lok Sabha and remains in office only so long as it enjoys the confidence of the House of the People.

This article explains the constitutional provisions, structure, powers, responsibilities, limitations, and related issues concerning the Council of Ministers in India.

Constitutional Provisions Relating to the Council of Ministers

The Constitution of India provides a clear framework regarding the formation, powers, and functioning of the Council of Ministers. The key provisions are contained in Articles 74 and 75.

Article 74: Aid and Advice to the President

Article 74 states that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President in the exercise of his functions. The President is required to act in accordance with such advice.

However, the President may require the Council of Ministers to reconsider its advice. After reconsideration, the President is bound to act in accordance with the advice given. This ensures that while the President may seek reconsideration, the final decision of the Council of Ministers prevails.

Another important feature of Article 74 is that the advice given by the Council of Ministers to the President cannot be inquired into in any court. This protects the confidentiality of executive decision-making and prevents judicial scrutiny of internal advice.

Article 75: Appointment, Tenure and Responsibility

Article 75 deals with the appointment, tenure, and responsibility of ministers.

• Appointment of Ministers: The Prime Minister is appointed by the President. Other ministers are appointed by the President on the advice of the Prime Minister. In practice, this means that the Prime Minister selects the members of the Council of Ministers.
• Term of Office: Ministers hold office during the pleasure of the President. This is known as the doctrine of pleasure. However, in reality, this pleasure is exercised on the advice of the Prime Minister.
• Collective Responsibility: Article 75(3) provides that the Council of Ministers is collectively responsible to the House of the People (Lok Sabha). If the Lok Sabha passes a Vote of No Confidence, the Prime Minister and the entire Council of Ministers must resign. This principle ensures accountability to the elected House.
• Salaries and Allowances: Article 75(6) provides that the salaries and allowances of ministers are determined by Parliament.
• Membership Requirement: A minister must be a member of either the Lok Sabha or the Rajya Sabha. If a person is appointed as a minister without being a member of Parliament, such person must become a member within six months. If not, the minister automatically ceases to hold office.

Structure of the Council of Ministers

The Council of Ministers consists of different categories of ministers arranged in a hierarchy. The structure ensures distribution of responsibilities and effective administration.

Prime Minister

The Prime Minister is the head of the Council of Ministers and the leader of the government. The Prime Minister coordinates the work of different ministries and presides over cabinet meetings.

Cabinet Ministers

Cabinet Ministers are the senior-most members of the Council of Ministers. They are usually experienced Members of Parliament. Each Cabinet Minister heads a ministry and has full responsibility for its functioning.

Cabinet Ministers report directly to the Prime Minister. They attend cabinet meetings, where major policy decisions are taken. A Cabinet Minister may also hold more than one portfolio.

The Cabinet is a smaller body within the Council of Ministers and acts as the supreme decision-making authority of the government.

Minister of State (Independent Charge)

Ministers of State with independent charge are junior to Cabinet Ministers but have full responsibility for a ministry. They report directly to the Prime Minister.

They do not report to any Cabinet Minister. However, they generally do not attend cabinet meetings unless specially invited.

Minister of State

Ministers of State function as aides to Cabinet Ministers. They are subordinate to Cabinet Ministers and report to them, not to the Prime Minister.

They assist in handling specific responsibilities within a ministry. In the absence of the Cabinet Minister, a Minister of State may handle the work of the ministry.

Size of the Council of Ministers and Constitutional Limit

At the time of independence, the first Council of Ministers under Prime Minister Jawaharlal Nehru consisted of only 15 ministers. Over time, the size increased significantly.

By 1999, under Prime Minister Atal Bihari Vajpayee, the Council of Ministers had 74 members. This expansion raised concerns about administrative efficiency and misuse of public resources.

The National Commission to Review the Working of the Constitution (2000), headed by Justice Venkatachalaiah, recommended limiting the size of the Council of Ministers to 10% of the strength of the Lok Sabha or State Legislative Assemblies.

Subsequently, the 91st Constitutional Amendment Act, 2003 introduced a constitutional limit. It provided that the total number of ministers, including the Prime Minister, shall not exceed 15% of the total strength of the Lok Sabha. For states, the same 15% rule applies, with a minimum of 12 ministers in smaller states.

For the National Capital Territory of Delhi and Jammu and Kashmir, the maximum limit is 10% of the total strength of their Legislative Assemblies.

This amendment aimed to prevent oversized ministries and ensure efficient governance.

Powers and Functions of the Council of Ministers

The Council of Ministers performs several important functions in the governance of the country.

Supreme Executive Authority

Although executive power is formally vested in the President, it is exercised by the Council of Ministers. Each minister is responsible for administering the department assigned to him. Implementation of government policies and programmes is carried out through ministries.

Policy Formulation

The Council of Ministers is the main policy-making body of the government. It discusses national issues, deliberates on various matters, and formulates policies affecting economic development, defence, internal security, education, health, and other sectors.

Legislative Role

The Council of Ministers plays a key role in law-making. Ministers introduce bills in Parliament, participate in debates, and ensure the passage of legislation. Most legislative proposals originate from the executive.

Budget and Financial Matters

The Union Budget is prepared by the Council of Ministers and presented before the Lok Sabha. It outlines the government’s revenue and expenditure for the financial year. Financial administration and allocation of resources are carried out under its supervision.

Foreign Policy

The Council of Ministers determines the direction of India’s foreign relations. Decisions regarding treaties, diplomatic relations, and international negotiations are taken under its authority.

Emergency Provisions

Under Article 352, if required, all Union Cabinet members may submit their recommendation in writing to the President for the proclamation of emergency. This ensures that such a significant decision is taken collectively.

Collective Responsibility

Collective responsibility under Article 75(3) is a core principle of parliamentary democracy.

If the Lok Sabha passes a Vote of No Confidence, the Prime Minister and the entire Council of Ministers must resign. This ensures that the executive remains accountable to the elected representatives.

Collective responsibility also means that all ministers must publicly support decisions taken by the cabinet, even if they personally disagree. This promotes unity and stability in governance.

Kitchen Cabinet or Inner Cabinet

Apart from the formal cabinet, there exists an informal body known as the Kitchen Cabinet or Inner Cabinet. It consists of the Prime Minister and a few trusted ministers or influential advisers.

Sometimes, individuals outside the Council of Ministers may also be included in this group.

Merits

A smaller body allows quicker decision-making and more frequent meetings. Confidentiality in policy matters is easier to maintain. It enhances administrative efficiency.

Demerits

The functioning of the larger Council of Ministers may be undermined. Democratic decision-making may be limited if important decisions are taken by a small informal group. Inclusion of outsiders may raise constitutional concerns.

Parliamentary Secretaries and Judicial Intervention

Some states appointed Parliamentary Secretaries to assist ministers, often to bypass the ceiling imposed by the 91st Amendment.

The office of Parliamentary Secretary originated in the British system and was first created in India in 1951. However, no such appointment has been made at the Union level since 1990.

Several High Courts, including those of Punjab and Haryana, Rajasthan, Bombay, Calcutta, Telangana, and Karnataka, questioned or cancelled such appointments for violating the constitutional ceiling.

In July 2017, the Supreme Court declared unconstitutional the law passed by the Assam Government in 2004 providing for the appointment of Parliamentary Secretaries.

In January 2024, the Himachal Pradesh High Court barred six Parliamentary Secretaries from acting as ministers or availing ministerial facilities.

These decisions reinforced the constitutional limit on the size of the Council of Ministers.

Absence of Legal Responsibility

In India, there is no provision for legal responsibility of ministers in the sense that the President’s order for public work does not require countersignature by a minister.

In contrast, in Britain, the King’s orders for public action are countersigned by the relevant minister. This marks a difference between the Indian and British systems in terms of formal legal responsibility.

Conclusion

The Council of Ministers in India is the central executive authority responsible for governing the country. Guided by Articles 74 and 75 of the Constitution, it aids and advises the President, formulates policies, administers departments, introduces legislation, manages finances, and determines foreign policy.

The principles of collective responsibility and parliamentary accountability ensure democratic functioning. The 91st Constitutional Amendment introduced limits to prevent excessive expansion of ministries. Judicial intervention has further reinforced constitutional discipline, especially in matters relating to Parliamentary Secretaries.