What is the Council of Ministers?

• The Council of Ministers is the highest executive decision-making body of the Union Government.
• It is headed by the Prime Minister and functions to aid and advise the President (Article 74).

Strength of the Council of Ministers

• As per the 91st Constitutional Amendment Act, 2003:
  • The total number of ministers shall not exceed 15% of the total strength of the Lok Sabha.

Composition of the Council of Ministers

The CoM consists of the following categories:

1. Cabinet Ministers
   • Head major ministries (Home, Defence, Finance, External Affairs, etc.)
   • Form the Cabinet, the real decision-making body
2. Ministers of State (Independent Charge)
   • Head smaller ministries independently
   • Do not attend Cabinet meetings unless invited
3. Ministers of State
   • Assist Cabinet Ministers
4. Deputy Ministers
   • Assist Ministers in administrative and parliamentary work
     (Rarely appointed now)

Note: The post of Deputy Prime Minister is not constitutional, but political.

Key Constitutional Provisions Related to CoM

Article 74

• Council of Ministers, with the PM at the head, to aid and advise the President
• Advice is binding and cannot be questioned in court

Article 75

• PM appointed by the President; other ministers on the PM’s advice
• Ministers hold office during the pleasure of the President
• Collective responsibility to the Lok Sabha
• The Minister must be an MP within 6 months
• Oath administered by the President (Third Schedule)

Article 77

• Executive actions taken in the name of the President
• The President makes rules for the allocation of business

Article 78

• PM’s duty to:
  • Communicate decisions to the President
  • Furnish the information sought by the President

Article 88

• Ministers have the right to speak in both Houses of Parliament (even if not a member)

Oath and Salary of Ministers

• Oath: Administered by the President (Third Schedule)
• Salary & allowances:
  • Determined by Parliament
  • Specified in the Second Schedule

Responsibilities of the Council of Ministers

Collective Responsibility

• Enshrined in Article 75
• CoM is collectively responsible to the Lok Sabha
• Defeat in a No-Confidence Motion → entire CoM resigns

Individual Responsibility

• Ministers serve at the pleasure of the President
• Removal is done on the advice of the Prime Minister

Significance of CoM in Parliamentary Democracy

• Policy formulation
• Policy implementation
• Leadership of the executive
• Accountability to Parliament
• Must maintain the confidence of the Lok Sabha

Council of Ministers vs Cabinet