Introduction & Summary
The Central Council of Ministers, headed by the Prime Minister, is the real executive authority in India's parliamentary system. While the President is the nominal head of state, the Council of Ministers (CoM) is constitutionally mandated to "aid and advise" him/her, and its decisions form the backbone of the Union government's functioning. Rooted in the principles of collective and individual responsibility to the Lok Sabha, the CoM, particularly its inner core known as the Cabinet, serves as the highest policy-making and executive body, driving the nation's governance.
Core Content
14.4.1: Constitutional Status and Composition
Source: Indian Constitution - Articles 74, 75; 91st Amendment Act, 2003; M. Laxmikanth - Indian Polity
Article 74(1): Aid and Advise President
This fundamental article establishes the constitutional obligation of the Council of Ministers to advise the President, and the President's duty to act in accordance with such advice (with the 44th Amendment proviso allowing one reconsideration). This formalizes the parliamentary system where the real executive power lies with the elected CoM.
Article 75(1): PM and Minister Appointment
The President appoints the Prime Minister. The other ministers are appointed by the President only on the advice of the Prime Minister. This establishes the PM's pivotal role in forming the government.
91st Amendment (2003): Size Limit
Total number of ministers, including PM, in CoM shall not exceed 15% of total strength of Lok Sabha (Article 75(1A)). This amendment controlled the burgeoning size of the CoM, promoting efficiency and curbing defection incentives.
Article 75(5): Non-MP Minister's Tenure
A minister who is not a member of Parliament for 6 consecutive months ceases to be minister. This ensures accountability to the legislature; if a non-MP is appointed minister, they must get elected (or nominated) within six months, otherwise they lose their ministerial position.
Categories of Ministers:
They are the senior-most ministers, head important ministries (e.g., Home, Finance, Defence, External Affairs), and are members of the Cabinet. They attend Cabinet meetings and play a crucial role in determining government policies. The Cabinet is the inner core of the Council of Ministers.
They can be of two types:
- Ministers of State (Independent Charge): Given independent charge of ministries/departments. They are not part of the Cabinet and do not attend Cabinet meetings unless specifically invited when their subject is discussed.
- Ministers of State (attached): Attached to Cabinet Ministers to assist them. They do not hold independent charge and do not attend Cabinet meetings.
They are the lowest tier. Attached to Cabinet Ministers or Ministers of State to assist them in their administrative, political, and parliamentary duties. They are not members of the Cabinet and do not attend Cabinet meetings.
Parliamentary Secretaries:
Not strictly ministers, and their position varies. They are the lowest rung of the political executive, assisting senior ministers with parliamentary work. This position, though less common now, existed to aid ministers.
14.4.2: Oath and Salary of Ministers
Source: Indian Constitution - Article 75(4); M. Laxmikanth - Indian Polity
Oath of Office and Secrecy
Administered by the President before a minister enters office. This includes:
- Office: To bear true faith and allegiance to the Constitution, uphold India's sovereignty and integrity, faithfully and conscientiously discharge duties, and do right to all manner of people in accordance with Constitution and law.
- Secrecy: Not to directly or indirectly communicate or reveal to any person(s) any matter which is brought under his/her consideration as a Union Minister.
Salaries and Allowances
The emoluments of ministers are decided by Acts of Parliament from time to time.
14.4.3: Responsibility of Ministers
The principles of collective and individual responsibility are cornerstones of the parliamentary system. (Source: Indian Constitution - Article 75(2), 75(3); M. Laxmikanth - Indian Polity)
Collective Responsibility (Article 75(3))
"The Council of Ministers shall be collectively responsible to the Lok Sabha." This is the most fundamental principle. All ministers are jointly responsible for all acts of omission and commission of the government. This means they swim or sink together. If the Lok Sabha passes a no-confidence motion, all ministers must resign. Cabinet decisions bind all ministers.
Individual Responsibility (Article 75(2))
"The ministers shall hold office during the pleasure of the President." In practice, the President exercises this pleasure on the advice of the Prime Minister. The Prime Minister can ask a minister to resign due to dissatisfaction, differences, or policy disagreements. If the minister refuses, the Prime Minister can advise the President to dismiss him/her.
No Legal Responsibility (in Indian context):
Unlike Britain, where "ministerial counter-signature" implies legal responsibility, the Indian Constitution does not provide for legal responsibility of a minister for acts of the President. There is no requirement for a minister to counter-sign every act of the President. Furthermore, Article 74(2) states that the nature of advice tendered by the Council of Ministers to the President shall not be inquired into by any court.
14.4.4: Cabinet vs. Council of Ministers
Source: M. Laxmikanth - Indian Polity, Political Science analysis
| Feature | Council of Ministers (CoM) | Cabinet |
|---|---|---|
| Size | Wider body (60-70 ministers); comprises all categories. | Smaller body (15-20, only Cabinet Ministers). |
| Role | Formal constitutional body that aids and advises President. Rarely meets as a full body. | Nucleus of CoM; the real policy-making and decision-making body. Holds regular meetings. |
| Responsibility | Collectively responsible to the Lok Sabha, but effectively Cabinet decisions are CoM decisions. | Takes the actual decisions, which are then presented as the collective decisions of the Council of Ministers. |
| Constitutional Recognition | Explicitly defined and covered by Articles 74, 75. | Term 'Cabinet' inserted in Article 352 by 44th Amendment (meaning CoM consisting of PM and other ministers of Cabinet rank). Not defined elsewhere in original constitution. |
14.4.5: Role and Functions of the Cabinet
The Cabinet is the most powerful body in the Indian political system. (Source: M. Laxmikanth - Indian Polity)
- Highest decision-making authority in the politico-administrative system.
- Chief policy-formulating body of the Central government.
- Principal executive organ of the Central government.
- Chief coordinator of Central administration.
- Advisory body to the President; its advice, tendered through the PM, is binding.
- Chief crisis manager, deals with all emergencies.
- Deals with all major legislative and financial matters.
- Exercises control over higher appointments (e.g., Ambassadors, top bureaucrats).
- Formulates foreign policy and international relations.
Topic 14.5: Cabinet Committees
Source: M. Laxmikanth - Indian Polity, Rules of Business of the Government of India
Nature
Extra-constitutional (not mentioned in Constitution, emerge from Rules of Business which are formulated by the President under Article 77(3)). They are a feature of parliamentary practice rather than a constitutional mandate.
Purpose
To reduce workload of Cabinet, facilitate in-depth examination of policy issues, ensure effective coordination. Based on division of labour and effective delegation.
Types
- Standing Committees: Permanent in nature, set up for specific recurring functions (e.g., Political Affairs, Economic Affairs, Security).
- Ad hoc Committees: Temporary committees, constituted for specific tasks or issues, and are dissolved once their task is completed.
Composition:
Set up by PM according to exigencies. Most important ones are generally headed by PM, some by other senior Cabinet Ministers (e.g., Home Minister). Membership varies (3-8 ministers), and can include Ministers of State (Independent Charge) if relevant.
Important Cabinet Committees (Current Typical Ones):
(Note: List changes, check Cabinet Secretariat for current status)
Deals with all policy matters concerning domestic and foreign affairs. Chaired by the PM.
Deals with economic policy matters, including economic trends, problems, industrial licensing policies, price control, public distribution system, etc. Chaired by the PM.
Takes decisions on all major appointments to Central Secretariat, Public Enterprises, Banks, Financial Institutions, etc. Chaired by the PM.
Deals with all matters related to defence expenditure, national security, foreign affairs with security implications, and law & order. Chaired by the PM.
Deals with the progress of government business in Parliament and advises on summoning and prorogation of Parliament sessions. Chaired by the Union Defence Minister (traditionally).
Determines the allotment of government accommodation. Chaired by the Union Home Minister.
Focuses on accelerating investment and growth, identifying and removing obstacles. Chaired by the PM. (Constituted in 2019 by Modi Govt).
Addresses issues related to employment generation, skill development, and human capital formation. Chaired by the PM. (Constituted in 2019 by Modi Govt).
Functions of Cabinet Committees:
Vary depending on committee. They sort out issues and formulate proposals for Cabinet's consideration, or take decisions (subject to Cabinet review). They conduct preliminary examinations, facilitate delegated decision-making, and ensure coordination and resolution.
Groups of Ministers (GoMs):
Ad hoc bodies formed to give recommendations on specific issues. Discontinued by Modi govt in 2014, with a preference for faster decision-making through existing mechanisms (direct ministerial/secretarial action). While the broad system of GoMs/EGoMs was discontinued, smaller, temporary 'Ministerial Groups' or 'Committees of Ministers' may still be formed for specific tasks.
Conclusion & Significance
The Central Council of Ministers, with the Cabinet at its core, is the engine of governance in India's parliamentary democracy. Operating on the principles of collective and individual responsibility, it serves as the ultimate policy-making and executive authority, constantly balancing the need for consensus with decisive action. The role of Cabinet Committees further streamlines this process, ensuring efficient decision-making and coordination across complex governmental functions. The evolution of the Council of Ministers, particularly in its size and the internal dynamics between the Prime Minister and other ministers, reflects the changing political landscape and the ongoing quest for effective governance in a diverse and dynamic nation. Understanding these structures is crucial for comprehending the practical functioning of India's Union Executive.
Prelims-ready Notes
- CoM: Real Executive Authority. Headed by PM. Aids & advises President (Art 74).
- Appointment: PM by President; other ministers by President on PM's advice (Art 75(1)).
- Size Limit: Max 15% of Lok Sabha strength (including PM) – 91st Amendment Act, 2003 (Art 75(1A)).
- Membership: Non-MP Minister ceases to be minister if not a member of Parliament within 6 consecutive months (Art 75(5)).
- Categories: Cabinet, MoS (Independent/Attached), Deputy Ministers.
- Oath: Office and Secrecy, administered by President.
- Salaries: Determined by Parliament.
- Collective Responsibility (Art 75(3)): To Lok Sabha. Swim/sink together.
- Individual Responsibility (Art 75(2)): Hold office during pleasure of President (on PM's advice).
- No Legal Responsibility: No counter-signature by minister required. Advice to President cannot be inquired into by courts (Art 74(2)).
- Cabinet vs. CoM: CoM wider; Cabinet smaller, inner, nucleus, real policy-making. 'Cabinet' defined in Art 352 (44th Amd).
- Cabinet Committees: Extra-constitutional. Purpose: reduce workload, in-depth exam, coordination, delegation. Types: Standing (permanent), Ad hoc (temporary). Usually headed by PM.
- Groups of Ministers (GoMs): Ad hoc bodies. Discontinued by Modi Govt in 2014 for faster decision-making, preference for direct ministerial action.
Mains-ready Analytical Notes
Major Debates/Discussions
- Size of CoM and Efficiency: The 91st Amendment was a response to 'jumbo ministries' and diluted responsibility.
- Collective vs. Individual Responsibility in Practice: Challenges during coalition governments or allegations.
- PM's Dominance vs. Cabinet's Collective Will: 'PM-centric' government where collective decision-making might be perceived as less influential.
- Role of Cabinet Committees: While efficient, extensive reliance can sometimes lead to fragmentation of decision-making.
- Accountability to Parliament: Effectiveness of parliamentary oversight mechanisms.
Historical/Long-term Trends
- Growth in Size: Historically grew significantly, leading to the 91st Amendment cap.
- Shift from PM-centric to Coalition-constrained and back: Reflects changing political landscape (Nehru/Indira era PM-dominated, Coalition era constrained, Post-2014 perceived PM-centric).
- Institutionalization of Cabinet Committees: Growth and importance reflect increasing complexity of governance.
- Rise of Bureaucratic Influence: Bureaucracy plays a significant role in policy formulation and implementation, creating dynamic interplay.
Contemporary Relevance/Impact
- Policy Coherence and Implementation: The Cabinet, through its committees, is vital for coherent national policies and their effective implementation.
- Crisis Management: The Cabinet, especially committees like the CCS, remains the core body for responding to national crises.
- Accountability Framework: Collective responsibility to the Lok Sabha remains a crucial democratic accountability mechanism.
- Central Role in Lawmaking: The Cabinet initiates most legislative proposals, steering the Parliament's agenda.
- Inter-Ministerial Coordination: Cabinet Committees are critical for resolving disputes and coordinating action among various ministries.
Real-world Recent Examples
- Current Council of Ministers' Size: Well within the 15% limit, showcasing the 91st Amendment's effect.
- Cabinet Committee on Security (CCS) decisions: On major defence procurements, national security issues, or responses to cross-border incidents (e.g., Balakot airstrikes, Ladakh standoff).
- Cabinet Committee on Economic Affairs (CCEA) approvals: Regular approvals for large infrastructure projects, disinvestments, or economic policy measures.
- Impact of COVID-19: CoM played a central role in managing the pandemic, from lockdowns to economic relief packages.
- Working of Cabinet Committees on specific issues: Formation of CCIG or CCESD by current government in 2019 illustrates their dynamic purpose.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
Question:
With reference to the Parliament of India, which of the following statements is not correct?
- The President can summon a session of the Parliament at such place as he thinks fit.
- The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions.
- There is no minimum number of days that the Parliament is required to meet in a year.
- All Money Bills can originate only in the Lok Sabha.
Answer: (b)
Explanation: The Constitution does not specify the number of sessions in a year, only that the gap between two sessions should not exceed six months. The Cabinet largely directs the President on summoning/proroguing sessions.
Question:
Which of the following statements is/are correct?
- The Prime Minister of India must be a member of Parliament.
- If the Prime Minister of India is a member of Rajya Sabha, he/she cannot vote in the no-confidence motion in the Lok Sabha.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b)
Explanation: Statement 1 is incorrect as a non-MP can be PM for 6 months (and thus be part of CoM as per Art 75(5)). Statement 2 is correct because a member can only vote in the house of which they are a member.
Question:
The Council of Ministers in the Centre shall be collectively responsible to the Parliament of India.
Answer: False
Explanation: The Council of Ministers is collectively responsible to the Lok Sabha (Art 75(3)), not the entire Parliament.
Mains Questions
Question:
"The Central Council of Ministers has a pivotal role in shaping and implementing the policies of the Union Government. Analyze its composition and various responsibilities."
Value Points:
- Composition: Constitutional basis (Art 74, 75), categories of ministers (Cabinet, MoS, Deputy), 91st Amendment limit (15% LS strength).
- Responsibilities: Collective Responsibility (Art 75(3)) to Lok Sabha ("swim or sink together," binding nature of Cabinet decisions); Individual Responsibility (Art 75(2)) to President (on PM's advice), PM's power to dismiss/seek resignation; No Legal Responsibility (unlike UK, no counter-signature).
- Role in Policy Making: Highest decision-making authority, chief policy-formulating body (Cabinet).
- Role in Executive: Principal executive organ, coordinator, crisis manager.
- Relation to President: Aids and advises, communicates.
Question:
"Discuss the constitutional provisions that facilitate the President’s role in balancing the Executive and the Legislature in India."
Value Points:
- Explain CoM as real executive (Art 74, 75).
- Discuss how the President's powers (e.g., power to send advice for reconsideration under 44th Amd proviso to Art 74, situational discretions in PM appointment/LS dissolution) act as checks on the CoM, ensuring constitutional propriety.
- Also, collective responsibility ensures accountability of the executive to the Legislature.
Original MCQs for Prelims
Question:
Which of the following statements about the Council of Ministers in the Union Government is/are correct?
- The total number of ministers, including the Prime Minister, shall not exceed 15% of the total strength of the Lok Sabha.
- A minister who is not a member of Parliament for six consecutive months ceases to be a minister.
- The Council of Ministers is collectively responsible to both the Lok Sabha and the Rajya Sabha.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (b)
Explanation: Statement 1 is correct (91st Amendment, Article 75(1A)). Statement 2 is correct (Article 75(5)). Statement 3 is incorrect as the Council of Ministers is collectively responsible only to the Lok Sabha (Article 75(3)), not the Rajya Sabha.
Question:
In the context of the Central Council of Ministers, consider the following statements:
- The term 'Cabinet' is explicitly defined in Article 74 of the Constitution.
- Cabinet Ministers are the only category of ministers who attend Cabinet meetings regularly.
- Ministers of State (Independent Charge) do not attend Cabinet meetings under any circumstances.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 2 and 3 only
Answer: (b)
Explanation: Statement 1 is incorrect; the term 'Cabinet' is explicitly defined only in Article 352 (44th Amendment) for the purpose of National Emergency. Statement 2 is correct. Statement 3 is incorrect as Ministers of State (Independent Charge) can be invited to attend Cabinet meetings when their ministry/department's matters are under consideration by the Cabinet.
Original Descriptive Questions for Mains
Question:
"The principle of 'collective responsibility' is the bedrock of parliamentary democracy in India. Elucidate this principle, discussing its implications for the functioning of the Central Council of Ministers and the accountability of the executive to the legislature." (15 marks, 250 words)
Key Points/Structure:
- Intro: Define collective responsibility (Art 75(3)) as a fundamental principle of parliamentary system.
- Elucidation of the Principle: "Swim or Sink Together" (joint responsibility for all acts); Confidence in Lok Sabha (entire CoM resigns if no-confidence vote passed); Binding Nature of Cabinet Decisions (all ministers must defend publicly, public dissent requires resignation); Role of PM (PM's resignation leads to dissolution of CoM).
- Implications for Functioning of CoM: Fosters unity and cohesion; Reinforces PM's authority in guiding the Cabinet; Ensures policy consistency across government.
- Accountability to Legislature: Direct accountability to the directly elected house (Lok Sabha); Provides a mechanism for the legislature to remove the executive; Underlines parliamentary supremacy.
- Conclusion: Collective responsibility is vital for effective and stable governance, ensuring unity within the executive and making it ultimately accountable to the will of the people as expressed through the Lok Sabha.
Question:
"The distinction between the 'Council of Ministers' and the 'Cabinet' is crucial for understanding the real dynamics of power in the Union Executive. Differentiate between the two and analyze the significant role played by Cabinet Committees in facilitating the Cabinet's functions." (10 marks, 150 words)
Key Points/Structure:
- Intro: State that both are part of the executive but represent different layers of power and function.
- Differentiation:
- Size: CoM (wider, 60-70 ministers of all categories); Cabinet (smaller, inner body, 15-20 Cabinet ministers).
- Function: CoM is the formal constitutional body that aids/advises President; Cabinet is the actual policy-making/decision-making body (nucleus).
- Meetings: CoM rarely meets as a whole; Cabinet meets regularly to deliberate.
- Constitutional Recognition: 'CoM' fully defined in Art 74, 75; 'Cabinet' explicitly defined only in Art 352 (44th Amd) for emergency, otherwise implicit.
- Role of Cabinet Committees:
- Nature: Extra-constitutional, formed under Rules of Business.
- Purpose: Reduce workload of the full Cabinet; Facilitate in-depth examination of complex issues; Ensure effective coordination among ministries; Empower delegated decision-making (e.g., ACC, CCS), subject to Cabinet review.
- Impact: Enhance efficiency, speed up decision-making, ensure coordinated policy implementation across vast governmental functions.
- Conclusion: The Cabinet is the decision-making core, enabled by its committees, making the executive both powerful and efficient within the broader framework of the Council of Ministers.