Council of Ministers, Oath (CoM), Salary, Responsibilities, Significance

Council of Ministers Introduction

The Council of Ministers (CoM) is the real executive in India, functioning under the Westminster model of parliamentary democracy. The President is the nominal executive, while the CoM, headed by the Prime Minister, exercises actual power.

• The CoM is collectively responsible to the Lok Sabha.

• It functions under Articles 74 to 78 of the Constitution.

• Aids and advises the President in the discharge of his constitutional duties.

• Its functioning is governed by both written constitutional provisions and unwritten parliamentary conventions.

Constitutional Provisions Related to Council of Ministers (CoM)

The Constitution provides the framework for the formation, functioning, and powers of the Council of Ministers.

The CoM comprises various categories of ministers, forming a hierarchical structure to ensure division of work and responsibility.

• Prime Minister: Leader of the CoM and head of government.

• Cabinet Ministers: Senior-most ministers who head important ministries and participate in Cabinet decisions.

• Ministers of State (Independent Charge): Junior ministers handling ministries independently without being under a Cabinet Minister.

• Ministers of State: Assist Cabinet Ministers in handling complex ministries or departments.

• 91st Constitutional Amendment Act, 2003: Limits the total number of ministers to 15% of the strength of the Lok Sabha.

Oath and Salary of Ministers

The Constitution mandates that ministers must take an oath before assuming office and that their salaries are determined by Parliament.

• Oath of Office (3rd Schedule): To bear true faith and allegiance to the Constitution, and faithfully discharge duties.

• Oath of Secrecy: Not to reveal matters brought under secrecy during tenure.

• Administered by: The President of India.

• Salary: As per Article 75(6), ministers’ salaries are decided by Parliament through laws like the Salaries and Allowances of Ministers Act, 1952.

• Other Perks: Include government accommodation, travel allowances, staff, and security.

Functions and Responsibilities of the CoM

The CoM plays a critical role in the daily functioning of the Union Government and is responsible for legislative, administrative, and financial duties.

• Executive: Administers day-to-day governance and ensures implementation of policies.

• Legislative: Introduces bills, supports government business in Parliament, issues ordinances under Article 123.

• Financial: Frames the Union Budget, controls expenditure, and sets economic policy.

• Policy: Sets national priorities and policies through Cabinet decisions.

• Foreign Affairs and Defence: Handles treaties, military operations, and diplomatic engagements.

• Judicial Appointments: Advises President on appointments of judges, CAG, Election Commissioners, etc.

This principle ensures the entire Council is accountable as a single unit to the Lok Sabha. It is a constitutional obligation that upholds democratic governance.

• Based on Article 75(3): The CoM is collectively responsible to the Lok Sabha.

• If a no-confidence motion is passed, the entire CoM (including PM) must resign.

• Promotes internal unity and ensures shared accountability.

Individual Ministerial Responsibility

While collective responsibility ensures unity, individual responsibility ensures personal accountability of ministers for their departments.

• Rooted in parliamentary conventions, not explicitly stated in the Constitution.

• A minister can be questioned in Parliament or removed due to poor performance or misconduct.

• The Prime Minister can advise the President to dismiss a minister.

• Allows targeted accountability without bringing down the entire government.

Cabinet vs Council of Ministers Key Differences

Both are part of the executive, the Cabinet is a smaller, more powerful subset of the CoM. It includes the senior-most ministers and is primarily responsible for policy decisions and government strategy.

Role of the Prime Minister in CoM

The Prime Minister is the pivotal figure in the functioning of the CoM and central to the government’s working.

• Appointed under Article 75(1) by the President.

• Coordinates all functions of government.

• Leads Cabinet meetings and decisions.

• Allocates and reshuffles ministerial portfolios.

• Communicates Cabinet decisions to the President (as per Article 78).

Emergency Functions of CoM

In times of constitutional emergency or crisis, the CoM becomes the principal advisor to the President in invoking special powers.

• Article 352: Recommends National Emergency.

• Article 356: Advises President’s Rule in states.

• Article 360: Recommends Financial Emergency.

• CoM’s advice is essential in revoking or continuing emergencies.

Judicial Scrutiny and Legal Immunity

While the CoM enjoys confidentiality in its internal decision-making, it is not beyond the purview of judicial review.

• Article 74(2): The court cannot question the advice given to the President.

• However, actions based on such advice (e.g., ordinances, dismissals) can be reviewed by the judiciary.

• Maintains balance between executive privilege and rule of law.

Comparison with UK Cabinet System

India’s Council of Ministers is deeply influenced by the British Westminster model, but it has been modified to suit India’s written Constitution, federal structure, and judicially reviewable framework. While both systems follow a parliamentary executive model, there are key differences in structure, accountability, and conventions.

Origin of Indian CoM System

• The Indian parliamentary system is modeled on the British Westminster form of government.

• Both systems uphold collective responsibility, the primacy of the Prime Minister, and Cabinet supremacy in policymaking.

• However, unlike the UK, India has a written Constitution, and its executive powers are constitutionally limited and justiciable.

Key Differences Between Indian and UK Cabinet Systems

Despite being the central decision-making body, the CoM faces operational and structural criticisms.

• Excessive Prime Ministerial dominance, especially under strong majority governments.

• Political compromises in coalition governments may weaken decision-making.

• Lack of transparency in appointments and decisions.

• Limited independence of Ministers of State and junior ministers.

Significance of the Council of Ministers

The CoM is the backbone of India’s democratic machinery. It ensures that governance reflects the will of the people and is carried out by their elected representatives.

• Ensures real executive power rests with the accountable body.

• Maintains link between legislature and executive.

• Enables efficient and coordinated administration.

• Upholds principles of constitutionalism and accountability.

Important Doctrines & Judicial Interpretations

• S. R. Bommai Case (1994): Clarified that the advice of CoM for President’s Rule can be reviewed judicially.

• Ram Jawaya Kapur Case (1955): Declared the President as the constitutional head; real executive authority lies with ministers.

• Shamsher Singh v. State of Punjab (1974): Reaffirmed that the President exercises powers only on the advice of CoM.

Way Forward

To strengthen the efficiency and accountability of the Council of Ministers, reforms must focus on internal balance, transparency, and democratic functioning.

• Codify conventions on ministerial responsibility for clarity and consistency.

• Define roles of Ministers of State to reduce over-centralization in the Cabinet.

• Institutionalize performance reviews to assess ministerial effectiveness.

• Promote transparency in Cabinet decisions while safeguarding confidentiality.

• Ensure training and orientation for newly appointed ministers in governance and constitutional duties.

Council of Ministers FAQs

What is the constitutional article that defines the CoM?
Article 74 and Article 75 lay down the basis of the Council of Ministers in the Constitution.

Who appoints the Council of Ministers?
The President appoints ministers on the advice of the Prime Minister.

What is collective responsibility in the Council of Ministers Polity Note?
It means the entire CoM is responsible to the Lok Sabha for its decisions.

Can a Minister be removed without dissolving the whole CoM?
Yes, under the principle of individual responsibility, a minister can be removed.

Is the Cabinet mentioned in the Constitution?
No, the term ‘Cabinet’ is not explicitly mentioned in the Constitution.

What is the difference between CoM and Cabinet?
The Cabinet is a smaller, more powerful subset of the CoM involved in key decisions.

What happens if the CoM loses majority in Lok Sabha?
The entire Council of Ministers must resign, as per the collective responsibility principle.

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