Union Council of Ministers Overview

Overview

This lecture covers the constitutional provisions, structure, powers, and functions of the Union Council of Ministers in India, including distinctions between various types of ministers and important amendments.

Introduction to the Union Council of Ministers

• The term "Council of Ministers" is used for its formal, deliberative role, unlike the informal "group of ministers."
• The Council supports the Prime Minister in governing and is patterned after the British model.

Structure and Types of Ministers

• The Council includes Cabinet Ministers, Ministers of State (with or without independent charge), and Deputy Ministers.
• Cabinet Ministers handle key ministries and take major policy decisions.
• Ministers of State may have independent charge or support Cabinet Ministers; Deputy Ministers assist others without independent charge.
• Parliamentary Secretaries are junior-most, assisting in parliamentary duties.

Constitutional Provisions (Articles 74, 75, 77, 78, 88)

• Article 74: Requires a Council of Ministers headed by the Prime Minister to aid and advise the President; advice is binding (per 42nd and 44th Amendments).
• Article 75: Covers appointment, tenure, responsibility, salaries, and disqualification (including anti-defection law via the 91st Amendment).
• Article 77: All executive actions are in the President’s name; allocation of ministries is officially by the President.
• Article 78: PM acts as a link between the President and the Council of Ministers, providing information as required.
• Article 88: Ministers can participate and speak in both houses and their committees, but not vote in committees.

Powers, Responsibilities, and Limitations

• Ministers hold office at the President’s pleasure, but removal occurs on the PM’s advice.
• The Council of Ministers is collectively responsible to Lok Sabha; loss of majority means resignation.
• Individual responsibility: Ministers can be removed by the President on the PM's advice.
• No legal responsibility for official actions; corruption or illegal acts remain prosecutable.
• Ministers not members of either house must secure membership within six months.

Cabinet vs. Council of Ministers

• Cabinet is a smaller, powerful subset within the Council of Ministers; only Cabinet decides policy.
• The term 'Cabinet' was added in Article 352 for national emergency after the 44th Amendment.
• The Cabinet enforces collective responsibility and directs the Council's work through Cabinet Committees.

Special Terms: Kitchen Cabinet

• "Kitchen Cabinet" refers to an informal, small group of trusted advisers—can include non-ministers—consulted by the PM.
• Kitchen Cabinet is not official, may reduce Cabinet authority, but enables swift decision-making.

Key Terms & Definitions

• Council of Ministers — Formal constitutional body of ministers headed by the PM to aid and advise the President.
• Cabinet Ministers — Senior ministers heading key portfolios and leading government policy.
• Minister of State (MoS) — Junior to Cabinet Ministers, with or without independent charge of ministries.
• Deputy Minister — Junior-most, assists senior ministers, no independent charge.
• Collective Responsibility — The entire Council is answerable to Lok Sabha and must resign if it loses its confidence.
• Individual Responsibility — Each minister serves at the pleasure of the President on the PM’s advice.
• Anti-defection Law — Disqualifies members for defecting; introduced by the 52nd and amended by the 91st Amendments.

Action Items / Next Steps

• Review Articles 74, 75, 77, 78, and 88 of the Constitution.
• Attempt provided MCQs to test understanding.
• Read about Cabinet Committees for next class.