1. Introduction to the Central Council of Ministers

  • Parliamentary System: India’s government follows a parliamentary system inspired by the British model, where the Council of Ministers, led by the Prime Minister, exercises executive power.
  • Executive Authority: The Council of Ministers serves as the real executive, while the President holds a ceremonial role, acting based on the Council’s advice.

2. Constitutional Provisions

  • Article 74: Establishes the Council of Ministers to advise the President. The President must act according to this advice, although the President can ask the Council to reconsider it.
  • Article 75: Discusses the process of appointing ministers and outlines key conditions such as:
    • The Prime Minister is appointed by the President.
    • The total number of ministers must not exceed 15% of Lok Sabha’s strength (91st Amendment).
    • Ministers hold office at the President’s pleasure but are collectively responsible to the Lok Sabha.
  • Article 77: Stipulates that all executive actions must be taken in the President’s name, ensuring centralized governance.
  • Article 78: The Prime Minister is responsible for communicating decisions of the Council to the President.
  • Article 88: Grants ministers the right to speak in both houses of Parliament, but they can vote only in the house to which they belong.

3. Nature of Advice by Ministers

  • Binding Nature: The 42nd and 44th Amendments made the Council of Ministers’ advice binding on the President.
  • Judicial Interpretations:
    • V.N.R. Rao Case (1971): The Supreme Court ruled that the President cannot exercise power without the Council’s advice.
    • Shamsher Singh Case (1974): The court emphasized that the President’s “satisfaction” refers to the satisfaction of the Council, not personal satisfaction.

4. Appointment of Ministers

  • Prime Minister: Appointed by the President, while other ministers are chosen by the President based on the Prime Minister’s recommendations.
  • Non-Members: Individuals not part of Parliament can be appointed as ministers but must become members of Parliament within six months.
  • Oath of Office and Secrecy: Ministers swear to uphold the Constitution, maintain secrecy, and serve without fear or favor.

5. Responsibility of Ministers

  • Collective Responsibility: All ministers are collectively accountable to the Lok Sabha, which means they must resign if a no-confidence motion is passed against the Council.
  • Individual Responsibility: Ministers can be dismissed by the President on the Prime Minister’s advice, even when the Council enjoys the confidence of the Lok Sabha.
  • No Legal Responsibility: Unlike the British system, Indian ministers are not legally responsible for the President’s actions, and courts cannot inquire into the nature of ministerial advice.

6. Composition of the Council of Ministers

  • The Council of Ministers is structured into three levels:
    • Cabinet Ministers: Handle major portfolios (e.g., Defense, Finance).
    • Ministers of State: May have independent charge or assist Cabinet ministers.
    • Deputy Ministers: Assist higher-ranking ministers without holding independent responsibilities.
  • Parliamentary Secretaries: Appointed by the Prime Minister, assist ministers but are not part of the formal Council.

7. Distinction Between Council of Ministers and Cabinet

  • Council of Ministers: A broader body, including all levels of ministers (cabinet, state, and deputy). It does not meet as a body to make decisions and serves more as an implementer of the cabinet’s decisions.
  • Cabinet: A smaller, more powerful group comprising only Cabinet Ministers. It is the central decision-making body, meeting regularly to deliberate on policies.

8. Role of the Cabinet

  • Supreme Executive Authority: The Cabinet is responsible for formulating national policies, managing crises, and advising the President. It oversees key areas like foreign affairs and constitutional appointments.
  • Policy Coordination: It ensures the implementation of decisions made across ministries and plays a pivotal role in the functioning of the government.
  • Crisis Manager: The Cabinet acts as the top authority during national emergencies and major legislative matters.

9. The Kitchen Cabinet

  • Inner Circle: An informal group of trusted colleagues, friends, and family that advises the Prime Minister. This group helps the Prime Minister make key political and administrative decisions.
  • Advantages: The Kitchen Cabinet is more efficient in decision-making, often handling sensitive matters in a small, trusted group.
  • Criticism: This body can reduce the authority of the formal cabinet and allows external influences in governmental decisions.