hello everyone i hope this message finds you fit and fine welcome to our lakshmi khan series in our previous class we were talking about prime minister today we need to talk about union council of minister nature of questions from this section are based on provisions which are mentioned in our constitution it means moreover direct in nature we are going to understand these provisions in step by step manner in this video and thereafter i am going to present some mcqs for you to attempt in this class now union it means we are talking about union government council of minister why are constitutional framers use the word counsel of minister not group of minister one reason is when you use the word counsel the members here are having responsibility to discuss deliberate important matters and the outcome of this discussion is going to have some impact on policies it is moreover formal in nature but when we use the word group it can be used in many senses maybe informal senses okay so our constitution uses the word counsel of minister okay consider here we have prime minister prime minister need ministers for effective functioning of government right prime minister need various departments to be headed by these ministers so that prime minister can ask what you have done i've given you this responsibility right so some people mean some ministers are considered of inner circle of prime minister important portfolios important ministries are given to these people so these ministers are considered as minister of cabinet rank cabinet cabinet ministers okay thereafter there are other ministers as well union minister of state and then there is third circle we call them deputy ministers okay although in place of deputy minister often the word used is union minister of state and senior to this union minister of state then we use the word union minister of state independent charge here so what is this we are going to understand it now so we adopted this pattern from britain and hit it is headed by prime minister the features of parliamentary system with respect to minister are not that much extensively or detailed manner they are not mentioned in our constitution a specifically some provisions are mentioned in article 74 and 75. 74 mentioned that there shall be a council of minister headed by prime minister to aid and advise honorable president right now article 75 it mentions about appointment tenno responsibility qualification oath salary allowances etc so whenever it comes to council of minister you just need to remember two articles article 74 article 75 why because upsc nowadays in some statements play on these facts right it's not like you have to cram every article right specifically means which are in news right now article 74 as i told you there shall be a council minister headed by pm to aid and advise honorable president right there's a debate on what is the meaning of this a net advice is it mandatory or this is just an advice president has an option whether to choose or reject so this discussion was taken up at supreme court level and as of now we have seen that even our parliament has amended in our constitution 42nd constitutional amendment debt 44th constitutional amendment act deals with the definition the meaning of a net device during the indira gandhi time she amended the constitution and she said that this advice is binding later when muradi desai formed the government so he amended by 44th constitutional amendment act and he said at least for once president can actually you know send back this advice for reconsideration but when it is again given to president now president is bound to accept this advice so means one chance was given by 44th constitutional amendment act clear the advice standard by ministers cannot be inquired into any quote please remember it right to give them us you can say an immunity right article 75 what are the other provisions now appointment so ministers are appointed by honorable president on the advice of prime minister and this advice which is given by prime minister to president is binding because council of minister is prime minister's council of minister right that is why this much independence need to be given to prime minister right now when it comes to number of ministers so in our original constitution there was no limit and that is why some governments actually made you know so many people as ministers so now you would think what is the harm harm is that all of these people need to be given some you know government accommodation bungalow car and other facilities so don't you think it would be you can say burden on the government tax check taxpayers money and apart from this if there are so many ministers then there will be a coordination issue right so now we have 15 limit it means 15 of lok sabha members means total number of seats in lok sabha you have you can have 15 percent members as ministers and when i am saying minister i am talking about consular minister all kind of minister right so now a member of either house now the we are talking about anti-defection if a particular minister is disqualified on behalf of anti-defection now my question here from you can you just mention in comment box by which constitutional amendment act anti-defection provisions were added in our constitution you know 10th schedule in our constitution talks about anti-defection law by which amendment this was added answer is 52 and thereafter this 91st constitutional amendment act 2003 this this says that that if a particular person is actually disqualified as a as a member of uh house whether lok sabhara saba then there will be some limitation on this person becoming minister otherwise what would happen let me give you uh one idea in 1965 to 1971 adult data says around 4 000 legislators who were elected whether a state legislature or union legislature out of them around 50 percent of these mla's mps they defected into other party when i say defected it means they change the party now some of you would say sir what is the harm there should be freedom whichever party they want to join but my friends if these legislators join different party then it can create political turmoil it can actually reduce the majority turn majority into minority of the union government so then government will fall then we need a fresh elections so don't you think it will harm the continuity in policy making it will create extra burden on election machinery right so that is why to bring political stability this 50-second constitutional amendment act 10 schedule anti-defection law was added but uh we we wanted to actually put a curb on these people getting appointed as ministers so for a specific period you cannot be appointed as minister if you are disqualified in anti-defection law that is what i am saying in 1991st constitutional amendment act clear minister hold office during the pleasure of president who appoints minister president right and who can remove minister president right council minister shall be collectively responsible to lok sabha please remember it in 2014 prelims paper there was one statement that union minister consul of minister is responsible to parliament but it is lok sabha because union council of minister is there they are ministers because their party is enjoying majority in lok sabha the point they lose in majority their government will fall right presidential administer oath so who gives oaths to this minister president gives oath okay a minister who is not member of either house parliament so that person can become actually minister for six months consider you are watching this video and you are above say 25 years of age although constitution has not mentioned specifically that in which category the six months criteria will work it simply says that even if you are not a member of lok sabha you can be appointed as minister right but within six months you have to become member of either house if you don't become then your ministership it will go right you have to resign you will be dismissed salaries and allowances of ministers shall be determined by parliament please remember right it is not like specific amount of salary and allowances of minister is mentioned in our constitution no it is decided by parliament let's talk about 77 article conduct of business of the government of india all executive action of the government of india shall be taken in the name of president we discussed in in president chapter also orders and instruments are made and executed in his name shall be authenticated in such manner as may be specified by rules and who is going to make the rules president is going to make the rules i discussed in president chapter as well further the validity of an order of instrument which is so authenticated shall not be called into question on the grounds that is not instrument made executed by president there is a immunity president shall make the rules for the more convenient transaction of the business of the government of india and for allocating among ministers of the said business now some of you might be thinking so this we have read in president chapter as well why it is mentioned here because of this last point it means portfolio decision is actually taken by prime minister that which minister which minister is going to be given which department which ministry but actually officially this allocation is done allocation of business is done by honorable president okay article 78 duties of prime minister we discussed in prime minister chapter as well i told you prime minister is like a link or a bridge between president and council of minister i also told you that if president want information with respect to any legislature any legislation any bill which was in consideration council of minister then prime minister is bound to give such information to honorable president right we discussed it duties of pm of the president so require submit the consideration of consumers to any matter which has not been considered by the council any matter which was told that it will be considered but if it is not considered then prime minister is bound to give such information such report to president president can ask article 88 right of ministers with respect to houses consider you are a member of rajya sabha okay and you are appointed as minister for home affairs home ministry is under you now tell me would you think do you think that you will be allowed to take part in the precedence of proceedings of lok sabha as well you would say sir you just told me that i am member of rajya sabha if i am member of rajya sabha and i am given ministerial birth and i'm i'm asking that can you actually present in the proceedings of rokhsav how is it possible if i'm rasabha member i will be present in rasaba but this is different in case of ministers in case of minister it may be possible since you are having home ministry some member from lok sabha want to ask some question and that question has been submitted to lok sabha speaker sir i want to ask this question with regard to internal security from home minister then you will receive a letter from lok sabha secretariat that sir you are minister for home affairs and our lok sabha member want to ask this question from you because it is dealing with it is connected to your department you have to come so you can take part in the proceedings of both houses okay so every minister shall have the right to speak and take part in proceedings of either house clear there can be a statement kind of question from here please remember any joint setting of the house committee of the parliament of which way they may be named as member but please remember purpose of these parliamentary committees is to keep a check on executive to keep a check on these ministries right so that is why even if you are part you are invited there so you are not going to vote in this committee if ministers are given power to vote in these committees then don't you think it will compromise the transparency right transparency to keep a check on these ministries right so this is what i've mentioned here lakshmi got pensions obviously nature of advice of minister now i told you 42 and 44th amendment act they were dealing with the definition of alien advice 42nd said advice is binding 44 said let's give one chance to the honorable president to give back this advice right now it is quite clear to you please remember 42 and 44th are dealing with council of minister advised to president so as of now for once president can give back and the second time president has to accept 1971 supreme court held that even after the resolution of lok sabha means even if lok sabha dissolves then it is not like council of minister will go home it will not it will not be like there will be no council of minister in india there will be a caretaker government and why supreme court said this whooping court said since article 74 says there shall be a council minister to headed by pm to aid and vice president it means at every point of time executive actions by president should be based on alien advice of council of minister right does not cease to hold office article 74 is mandatory okay and therefore the president cannot exercise executive power like i explained this to you without the aid and advice of council minister any exercise of executive power without aid and advice will be considered as unconstitutional because as per article 74 is it clear to you now right when it comes to an advice please remember 74 42 44th constitutional amendment act clear in 1974 now supreme court elaborated further the court held that wherever the constitution requires satisfaction of the president the meaning of words satisfaction of president is not individual satisfaction of the president it means satisfaction of the council of minister such as the importance of counsel of mr clear now appointment of ministers i told you pm give the advice to the president then president appoints usually the members of parliament either lok sabha rasam are appointed as ministers even if you are not a member of lok sabha you can be appointed but you can be there for six months right now question is whether nominated members can also be appointed as minister nominated member of rasama so there is no actually clear cut you can say limitation or you can say supreme court means constitute has not said this he nominated members cannot be appointed as minister so if it is not said it like this the constitution is not saying it it means this can be done right a person who is not a member of either house of parliament can also be appointed as minister but within six months six months this i discussed in prime minister chapter also become a member of either house and either elected or nominated right otherwise he cease to be a minister or she sees to the minister within six months you have to become member of either house elected or nominated clear oath is given by president now in 1990 mr devi lal so he took oath of deputy minister deputy prime minister from honorable president so some legal luminaries of the time they said that since our constitution has not mentioned any post such as deputy prime minister then this oath taking ceremony is unconstitutional so on this point supreme court said no there is nothing unconstitutional because deputy prime minister position is descriptive in nature it means it is descriptive whether mentioned in constitution not it is just describing one thing although deputy prime minister will be there to actually support prime minister will be part of council minister so you should consider that deputy prime minister is part of council of minister salaries and allowances i told you they are decided by parliament remind by parliament a minister gets salary as payable to a member of parliament but since you are a minister you are also given additional allowances for example free accommodation traveling allowance medical facilities etc some additional answers are given base salary remains same responsibility of minister so we use two words here individual responsibility and collective responsibility when i say collective responsibility it means these ministers are collectively jointly responsible to lok sabha because majority factor of lok sabha is mandatory they swim or sink together right if no confidence motion get passed in lok sabha it means that now they are not having confidence in the house otherwise how could a no confidence motion get passed because you have majority in the house more than 50 members are yours so how can more than 50 people say this that we reject this government so it clearly means that you don't have majority so that is why they can sync together when the lok sabha passes no confidence motion against council minister all ministers have to resign including the ministers who are from raj sabha now there can be a question here in this case tell me do you think say if a particular member is member of rasaba and that member is say a minister so after this resignation is it mandatory that that person need to resign from rasam membership also or that person will resign only from administration what do you think answer is only from minister position means this person will remain as raj sabha member okay now it is the duty of every minister to stand by cabinet decisions cabinet decisions as i told you cabinet is the inner circle so real power lies with them they take the policy reasons and they are communicated these decisions are communicated to various councils various members of consular minister and now these ministers has to agree if you do not agree then you have a choice choices resign for example dr b r ambedkar shri deshmukh rf mohammed khan these ministers actually resigned from the post of minister just because they were not agreeing with the decision of their government rf muhammad khan is as of now governor of kerala individual responsibility i told you two responsibilities are there individual responsibility because they are working on the pleasure of president at any point of time if prime minister advises then president can send a letter now you are not minister right dismiss the president moves removes minister only on the advice of prime minister it's not like any day now president thinks oh this particular ministry is not working good then it's not like president on its own cannot on his own cannot remove okay because council of minister is of prime minister president can remove a minister even at a time when council of minister enjoys the confidence in the lok sabha okay please remember it why because here president can remove a minister we are not saying prime minister president can actually uh remove council of minister council of minister cannot be removed by honorable president till the time this council of minister enjoys majority in lok sabha majority support in lok sabha but individual minister can be removed in between because prime minister can recommend right no legal responsibility is there it means that there's no provision in the constitution that the system for legal responsibility of minister the decisions which are taken the advice which you are given now this is actually beyond uh you can say it cannot be questioned in the court now some of you might be thinking sir does it mean no matter how much corruption a minister does there will be no legal responsibility no we are not talking about it we are talking about the functions which minister has to do in official capacity as mentioned in constitution anything which is of nullified intention obviously that can be questioned in court if you have done some correction that can be questioned in court right it is not required that an order of the president for a public should be counter signed by minister so our process is not like if if president has signed now it need to be counter signed by minister it's not like like this actually in our departments in our ministries when an order is being issued by a minister so minister will actually have a noting in the file in the name of honorable president such such reasons as are being taken and then this minister is going to sign it no need to root every file to the president composition of council of minister as i told you there are three categories of ministers cabinet ministers minister of state and deputy ministers at the top of all these prime minister is the supreme head and you know after that there are cabinet ministers cabinet ministers had important ministries for example home defense finance action affairs etc it may be possible that prime minister decides that now power ministry is going to be given power minister is going to be given the status of cabinet minister after some time prime minister can say no i'm not giving uh power minister as status of cabinet minister i want to give this person a status of union minister of state independent charge so such discretion is with prime minister okay so the members who are part of cabinet so cabinet is the real powerhouse they are the one who actually take important policy decisions be it uh which which kind of bill which need to be presented by this government in these slopes about russia or foreign policy decisions important issues of which our society is facing in which government intervention is required so important decisions are taken by cabinet their role is important then comes the minister of state so here the word state does not need to be need not to be connected with state of uttar pradesh provinces no union minister of state it means they are below cabinet ministers the minnesota state can either be given independent charge or just you know attached to certain cabinet minister to support that particular cabinet minister what does it mean if independent charge word is used minister of state independent charge it means that although you're not cabinet minister but you will have some departments ministry for which you will be solely responsible considerable amount of power is given but we when we don't use this word i just the union minister of state it means you will be supporting some cabinet minister you will be working as a junior minister some duties will be given to you and you have to perform those duties so in both the cases work under supervision guidance as i told you in relation with their ministries department as cabinet ministers however they are not members of the cabinet and do not attend the cabinet meetings means minister of state will not attend the cabinet meetings until unless they are specifically invited for particular agenda okay deputy ministers sometimes this minister of state those who are not given independent charge they are there just to support some senior ministers they are also called as deputy ministers right because here we had this division of independent charge and not having independent charge so they are actually not given independent charge they are there to support cabinet ministers or for specific departments right then we have the stump parliamentary secretaries so parliamentary secretaries are considered junior most position although they're not officially called minister because they are not working with specific department they are just there to support a particular minister in parliament related function for example parliament time to time send letter to various ministries that these questions need to be answered right it may possible that minister is deciding that oh i need to present this bill in this session so in all these works these parliamentary secretaries can support this minister they are the members of the last category of council of nestor which is known as which is also known as ministry they have no department under their control no department as i told you attach to the senior minister and assist them in discharging their parliamentary duties as i told you okay so now what are the difference between cabinet and council of minister let's sum up things when i say council of minister it is wider body because within council of minister you have these cabinet minister minister of state team in charge minister of state right uh the deputy ministers so cabinet is a smaller body when it comes to council of minister there are three categories but when it comes to this this this is just cabinet ministry but the powerful one it does not meet as a body to transact some business right it means it's not like council of minister is going to meet and then they are going to decide on government policies no cabinet do that so it may be possible that some of you might not be able to read this so this pdf will be available in this telegram group shashank yagi for you so you can just download it and and this is available in your lakshmi khans as well so please open your lakshmi khan meanwhile okay now so cabinet actually take the important decisions and cabinet then communicate to the consular minister these reasons are taken and you have to do that so it means all powers they have in theory but they have the real power functions are determined by cabinet because cabinet i told you they take the design and they communicate to the council of nestor implement the decision taken by the cabinet now council of minister is a constitutional body specifically mentioned in 74 and qualification and this tenor part and salary allowances this mention that these details are mentioned in article 75 but when it comes to cabinet cabinet word was not used in our in our original constitution okay if i if i ask whether the cabinet word is used as of now yes it is used as of now it is used in article 352 national emergency actually this word was used by 44th constitutional amendment act because muradi this i said in indira gandhi's time this national emergency was imposed and even ministers themselves did not actually was not were not aware that emergency is getting imposed because this world this council of ministerial advice was taken lightly because it was not clear so explicitly muradi's si government they explicitly you know made it clear that cabinet will actually in written form will communicate to the president that yeah there's there are circumstances where national emergency need to be imposed right so their cabinet world is used okay it enforces the collective responsibility it is collective responsible to the looks lower house means looks about so it is collectively responsible but who enforces it cabinet enforces it because real power to actually drive these council of minister real power lies with this cabinet through various committees which we call cabinet committees which we are going to talk in next video now role of cabinet highest decision making body hack cabinet right formulation of policies as i told you executive authority chief coordinator advisory body to the president chief crisis manager whenever there's an issue then prime minister called up this cabinet major legislative and financial matters are being dealt by this cabinet control over higher appointments for example cag upsc chairman so wherever you see that oh president appoint them so who advises this cabinet advices and there's a specific committee cabinet committee on appointment we are going to talk about in next class it deals with all foreign policies and foreign affairs now there's another word kitchen cabinet so kitchen cabinet is informal term for example sometimes prime minister actually have a trust of some three four people so now these three four people actually regularly interact with prime minister so they cook up they cook the agenda they cook the major decisions and then these decisions are just presented before cabinet that this has been agreed by prime minister and now you have to act on it you have to agree on it right so in kitchen cabinet some members can be of the cabinet also some members can be outside also for example in rajiv gandhi's time it is said that some technocrats were actually part of kitchen cabinet sometimes uh rajiv gandhi used to give this you know priority to these technocrats before these cabinet ministers right so what is the benefit of it benefit is since kitchen cabinet is small informal so decisions can be taken in swift manner right small body it can easily be called by honorable prime minister right so it is composed not only of cabinet mr but outsiders like friends family members they can also be part of kitchen cabinet so this is not official term okay every prime minister in india has had inner cabinet or a circle indira gandhiji's inner cabinet rajiv gandhiji's inner cabinet right it can meet more often this is the best part right no official intimation is required because you are you are working as a friend inner circle trust circle and by this pm can maintain secrecy with respect to policies no need to present officially before cabin whole cabinet or council of minister it reduces the authority and status of cabinet this is the negative point right if reasons are taken within the kitchen cabinet and then presented before cabinet just to agree so this is under undermining cabinet it circumvents legal process allowing outside persons right outside people can actually engage with prime minister and know about important decision making right so this phenomena of kitchen cabinet where decisions are cooked and placed before cabinet as i told you is not unique in india it also exists in usa as well as britain now let's attempt these questions which of the following are not mentioned in constitution council of minister collective responsibility resignation of minister office of deputy prime minister tell me office of deputy prime minister is not there i just discussed with you the devil case right have i mentioned resignation of ministers no i use these two words article 7475 it means answer is c because it is saying are not mentioned so this is not mentioned and this is not mentioned right now which of the following is our function functions of cabinet secretariat preparation of agenda for the cabinet meetings secretarial assistance for the cabinet committees allocation of financial resources to the ministers no this allocation is done by parliament itself right through moneybill so it means these are the two you can say functions of cabinet secretariat it means one and two means third okay which of the following amendment act provided central council minister including prime minister not to exceed 15 percent of the total now attempt because this we mentioned in the start itself answer is 91st constitution amendment act b the president cannot function without union council of minister solicitor general is the highest legal authority of the indian government the union council of minister can function for some time even after death resignation of the prime minister in the absence of prime minister only the home minister can preside over the emergency meetings of the union council of mr and this question is asking which of the following is are correct now president cannot function without union council of minister it is correct i told you 1971 what supreme food clarified solicitor general is highest legal authority it is wrong because attorney general is the highest legal service authority right union council of minister can function for some time in after death or designation of prime minister now union council of minister i i i mentioned the case if union consulate minister loses majority in lok sabha then they will work as a caretaker government right they will remain there supreme court also clarified but in this case we are talking about death and resignation of prime minister and this is saying union council of minister can function for some time how can union council mr function if prime minister died or resigned this is wrong in the absence of prime minister only home minister can prescribe this is wrong in the absence of prime minister then senior most minister can actually you know function there means prime minister can give this charge means whenever prime minister is out of india and there are there will be you know several files regular files which need to be signed so at that point of time a file is moved and prime minister gives certain power signing power to a senior most member that is a discretion of prime minister so it means only one is correct only one is correct others are all wrong right because ag is the highest com dissolves collector responsibility in the absence of pm deputy prime minister or senior most you know member can actually preside over as prime minister can do so clear so i hope now you are clear with the provisions of council of minister see you in the next video till then keep learning keep growing this video will be available in shashank yagi-4u telegram group if you have any doubt you can shoot me a message on shashank dot power being that is my personal insta handle see you