The Union Council Of Ministers

Originally article 74(1) provided that there shall be a council of Minister with the Prime Minister
as its head to aid and advice the president in the exercise of his functions.
After the 42nd amendment, 1976, the language of articles 74(1) is as follows-
There shall be a council of Minister with the Prime Minister as its head to aid and advice the
President who shall, in the exercise of his function act in their accordance with such advice
appointment of Ministers.
The prime ministers are head of the council of Minister article 74(1) and Article 75(1) says that
“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”. Council (3) of articles says that
council of Minister shall be collectively responsible to the house of the people.

Article 74 of Indian Constitution – Council of Ministers to aid and advise President:

1. 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:  Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President shall act in
accordance with the advice tendered after such reconsideration. 
2. The question whether any and if so what, the advice was tendered by Ministers to the
President shall not be inquired into in any court.
In appointing the Prime Minister, the president can hardly exercise his discretion.
The president must select the leader of the party in majority in the Lok Sasha or a person who is
in a position to win the confidence of the majority in that house.
But in case of multiple party system as it prevails in India if none is in a position to gain the
required majority and a coalition government is to be formed the president can exercise a little
discretion and select the leader of any party who in his opinion can form a stable ministry.

Council of Minister consistent of 3 different categories of Minister –

1. Cabinet minister
2. Minister of state
3. Deputy minister
Cabinets ministers: The cabinet ranks Minister are the head of their department. They attend
the cabinet meeting as a matter of right however, a person can be appointed cabinet minister
without a portfolio.  The 44th constitution amendment act (1978) has confirmed constitution
status on the cabinet minister.
Minister of state: The minister of state is formal of cabinet State and are paid the same salary as
the cabinet minister and they hold independent charge of their department but they attend the
cabinet meeting only when invited.
Deputy ministers: The deputy ministers work under the minister of state and have no separate
charge of a department. They get a lesser salary than the minister of state or cabinet minister.
They assist the Minister in charge of a department or minister and take no part in cabinet
Note: All council of Minister is not the members of the cabinet.
In the scheme of the parliamentary system of government provided by the constitution the
president is the nominal executives’ authority and the Prime Minister is the real executives’
authority.  The president is the head of the state while the Prime Minister is the head of the
government.

Constitutional duties of the Prime Minister are:

 He is the leader of the party is in power.
 He is the political head of the service.
 He is the series manager in chief at the political level during an emergency.
 He is the chief of the union government
 He plays a significant role in shaping the foreign policy of the country.
 As a leader of the nation, he meets various section of people in a different state and
receives a memorandum from them regarding their problems.
 He is the ex-office chairman of the planning commission, National Development Council
National Integration Council and interstate council.
 He recommends the person who can be appointed as the Minister by the president ie the
president can appoint only those person as the Minister Who are recommended by the
prime minister.
 He can ask the minister to resign or advise the President to dismiss him in case of
difference of opinion.
  He presided over the meeting of the council of the minister and influence its decision.
 He guides, directs, controls, and coordination of the activities of all the Minister.
 He can call the meeting of the cabinet anytime. he is the keystone of the cabinet arch.
 The position of the prime minister in the Council of the minister is described as premium
inter pares ie first among equals the so-called life and death of the ruling parties is the
Prime Minister.
 He summons and decides the agenda of the cabinet meeting.
 He has right to call for any file from any minister
 He advises the president with regarding the appointment of important officer like the
attorney General of India the chairman of the election Commission the member of the
finance committee.

Article 78 provides that it shall be the duty of the Prime Minister:

1. To communication to the president “all decisions” of the council of minister relating to
the administration of the affair of the Union and proposal for legislative
2. To furnish such information relating to the administration of the affairs of the Union and
proposal for legislation as then-president may call for.
3. if the president so required to submit for the consideration of the council of minister and
matter on which “a decision” has been taken by a Minister but which has not been in
consideration by the cabinet.

Size of the council of the minister:

The original constitution did not provide for limiting the size of the minister. It remained the
discretion of prime minister to increase or decrease the number of the council of minister.
91st amendment act of 2003.  added the new clause to article 75 that the total number of
ministers including the prime minister in the council of ministers shall not exceed 15 percent of
the total number of members of the house of people.

Qualifications:
A Minister must be of Member of either House of the Parliament. A non-member can also be
appointed as Minister but he must get himself elected to either House of Parliament before the
expiry of a period of 6 months commencing from their appointment.

Collective responsibility:
The basic principle of parliament from of government is the principle of collective responsibility
Article 75 (3) provides that the council of the minister shall be collectively responsible to the
Lok Sabha. The principle of collective responsibility means that the council of Minister is a body
responsible to the Lok Sabha for the general conduct affairs of the government the Council of
minister work as a team and all decision taken by the cabinet are the joint decision of all its
member.
No matter whatever be there a personal difference of opinion within the cabinet but once the
decision has been taken by it, it is the duty of each minister of stands by it and supports it both in
the legislation and outside.

 Thus, the only alternative before a Minister who is not prepared to support and define the
decision of the cabinet is to resign.
Article 75 Under Indian Constitution – Other provisions as to Ministers:
1. 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.
2. The Minister shall hold office during the pleasure of the President.
3. The Council of Ministers shall be collectively responsible to the House of the People.
4. Before a Minister enters upon his office, the President shall administer to him the oaths of
office and secrecy according to the forms set out for the purpose in the Third Schedule.
5. A Minister who for any period of six consecutive months is not a member of either House
of Parliament shall at the expiration of that period cease to be a Minister.
6. The salaries and allowances of Ministers shall be such as Parliament may from time to
time by law determine and, until Parliament so determines, shall be as specified in the
Second Schedule.

Individual responsibility:
This is the principle of article 75(2). It says that every Minister is responsible for the acts of the
officer of his department he cannot throw the responsibility of his department either on his
official or another member.
If the manager has taken action with the approval of the cabinet the principle of collective
responsibility applies however if the Minister has taken action without a cabinet approval the
principle of individual responsibility applies.

Dismissal of a minister:
According to article 75(2), the Minister holds his office during the pleasure of the president but
the president is bound to exercise his pleasure following the advice given by the Prime  Minister.
If the prime minister thinks that the presence of any minister is detrimental to the efficiency
integrity or policy of government he may drop him from the cabinet or advise the President to
him from the cabinet.

Dismissal of the cabinet:

It is an established convention of parliament type of government that a ministry that has lost the
confidence of the Lok Sabha must resign if it insists on to remain in office the president no
doubt, can dismiss that
 
Conclusion:
The Council of Ministers is headed by the Prime Minister, it aids and advises the President in the
exercise of his functions. The Council of Ministers consists of two levels of Ministers– Cabinet
Ministers and Ministers of State. The President appoints the Ministers on the advice of the Prime
Minister.The Council of Ministers consists of all category of Ministers, while the Cabinet is a
smaller group consisting of senior Ministers. The Council of Ministers as a whole rarely meets. It
is the Cabinet which determines the policies and programmes of the Government.

The Council of Ministers can be removed from office by Lok Sabha if a vote of no-confidence is
adopted by it. The Cabinet formulates the external and internal policies of the government. It
coordinates the working of various departments. It has full control over the national
finance. A money bill can only be introduced in the Lok Sabha by a Minister. All the Ministers
are collectively as well as individually responsible to the Lok Sabha.