CONSTITUTIONAL LAW-II SHRABANI GHOSH DAS

ASST. PROF.
DILS

THE COUNCIL OF MINISTER

❖ Introduction

The Executive system is the most powerful organ of the Government. It is that organ which
implements the laws passed by the legislature and who head the Government Departments. The
Prime Minister is the head of the Government and leads the executive organ of the Government.
The Cabinet Ministers are the senior ministers of the Council of Ministers and they exercise
the executive authority in the Republic of India. The Prime Minister is appointed by the
President and the Council Ministers and Cabinet Ministers shall be appointed by the President
on the advice of the Prime Minister.

❖ Council of Minister to aid and advise President

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 who shall, in the exercise of his function act in their
accordance with such advice appointment of Ministers.

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.

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.

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.

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CONSTITUTIONAL LAW-II SHRABANI GHOSH DAS
ASST. PROF.
DILS

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.

❖ A composite body:

The constitution does not classify the members of the council of Minister into different ranks.
All this has bun done informally, following the English practice.

Salaries and allowance of Minister act 1952, define ministers as a member of the council of
Minister, by whatever none called and induces deputy ministers.

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’

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CONSTITUTIONAL LAW-II SHRABANI GHOSH DAS
ASST. PROF.
DILS

authority. The president is the head of the state while the Prime Minister is the head of the
government.

❖ Constitution 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.

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CONSTITUTIONAL LAW-II SHRABANI GHOSH DAS
ASST. PROF.
DILS

❖ 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.

❖ 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.

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.

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CONSTITUTIONAL LAW-II SHRABANI GHOSH DAS
ASST. PROF.
DILS

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.

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.

❖ 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.

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CONSTITUTIONAL LAW-II SHRABANI GHOSH DAS
ASST. PROF.
DILS

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