India has a parliamentary system of government where the Prime Minister and the council of ministers work as the executive of the nation and are responsible for governing India’s administrative structure.  The council of ministers plays a key role, functioning as the senior decision making body of the executive branch. The constitutional Articles 74 and 75 address the council of ministers, including their responsibilities, duration of service, oath, salaries, and allowances. 

Constitutional provision for council of ministers

Article 74 indicates that there will be a council of ministers led by the Prime Minister, whose function is to assist and advise the President.

Appointment of Ministers

Constitutional provision: As per article 75, the ministers at the union level are appointed by the President on the advice of the PM.

• Ministers may belong to either house of Parliament. 
• A person who is not a member of either house may also be appointed as a minister. But such a person must get elected to either house of the parliament, within six months of his/her appointment as a minister, in order to continue as minister.

Term of ministers

Constitutional provision: According to Article 75, ministers remain in office at the President’s discretion.

• However, the pleasure of the president in the above provision essentially means the pleasure of the Prime Minister. Because, it is the PM who can ask a particular minister to resign or advise the president to remove a particular minister.

Oath of office and secrecy

The President administers the oath of office and secrecy to the ministers. It is only after the subscription to such an oath that the ministers assume charge of their respective offices.

Size of the Council of Ministers

The Constitution (91st Amendment) Act, 2003: The Constitution (91st Amendment) Act, 2003 specifies that the total number of ministers, including the Prime Minister, in the council of ministers must not exceed 15% of the total members of the Lok Sabha. Thus, the size of the council of ministers cannot exceed 81 members. 

• Before this amendment, there was no restriction on the number of members that can constitute a council of ministers.
• This amendment aligns with the principle of ‘minimum government, maximum governance’.

Categories of Ministers

There are three categories of ministers:

• Cabinet Ministers

Cabinet ministers oversee critical government ministries, such as home, defense, finance, and external affairs. As cabinet members, they participate in formulating government policies. They serve as the political leaders of their respective ministries.

• Minister of State

1. 1. • Minister of state with an independent charge heads the department or ministry allotted to them. They function with similar autonomy as enjoyed by the cabinet ministers.
      • Ministers of State are typically appointed to assist cabinet ministers. They may be assigned a department within the ministry by the relevant cabinet ministers.

• Deputy Ministers

They do not have independent authority over any ministry or department. They serve as an administrative, political, and parliamentary aide to cabinet ministers and ministers of states. 

At present (January 2023) the council of ministers at the Union level consists of 76 ministers –

• 29 Cabinet ministers
• 2 Ministers of State with independent charge
• 45 Ministers of State

Ministerial Responsibility

Responsibility of ministers for their actions in relation to the affairs of government ensures accountability of the executive and helps in strengthening the democratic norms. Our constitution envisages both the collective and individual responsibilities of the ministers which is explained below:

Collective responsibility

• It emerges from the constitutional provision that states “the council of ministers shall be collectively responsible to the Lok Sabha”. 
• It essentially means that the council of ministers stays in power as long as it enjoys the confidence of Lok Sabha. The Lok Sabha has the power to enforce collective responsibility of the council of ministers with the use of no-confidence motion.

• This principle ensures that the council of ministers is accountable for its actions to the representatives chosen directly by the people of India. 

Individual responsibility

• It is embodied in the constitutional provision which states that “the ministers shall hold office during the pleasure of the president”. 
• The PM, being head of the council of ministers, has the authority to recommend removal or demand resignation of any of the ministers whose conduct is becoming undesirable.
  • Example: For instance, in the year 2000, the President accepted the resignation of Law Minister Ram Jethmalani based on the suggestion of Atal Bihari Vajpayee. 
• If the Minister disagrees with a government decision and is not ready to defend it publicly he/she must resign from his/her position in the Council of Ministers.
  • Example: Dr. B. R. Ambedkar resigned from the Nehru Cabinet due to his disagreements in relation to Hindu Code Bill in 1953.
• This principle ensures that ministers in their individual capacity stick to the collective agenda of the government and align policies and decisions of their respective ministries to the broad policy framework of the government.

Essentially, individual responsibility acts as a mechanism for ensuring the collective accountability of the council of ministers to the Lok Sabha. According to Dr. B. R. Ambedkar, “Collective Responsibility is guaranteed by implementing two principles. One principle states that no individual shall be appointed to the cabinet without the Prime Minister’s advice. Moreover, an individual cannot remain a member of the cabinet if the Prime Minister recommends their removal. It is only when the members of the Cabinet, regarding their dismissal, are subject to the Prime Minister that our ideal of collective responsibility can be achieved”. 

No legal responsibility

• In Britain, a minister endorses every royal order for a public act based on the precedent that “the king can do no wrong.” If the order contravenes any law, the minister will be held accountable and guilty in court. 
• In India, the Constitution does not contain provisions for the legal responsibility of a minister.
• A presidential order for a public act does not require countersigning by a minister. Additionally, the courts have no authority to scrutinize the nature of the advice provided by ministers to the president.

Cabinet System

The council of ministers seldom meets as a whole body for carving out policies and taking major decisions of the government. This is because the council of ministers is a large body usually consisting of around 70 ministers. Decision making by such a large body would be far less effective than a body comprising a small group of ministers holding key portfolios in the government.

An inner body of the council of ministers composed of principal ministers, which effectuate faster decision making in relation to affairs of the government and ensure effective coordination among different ministries and departments, is called the cabinet. The Union cabinet is the most powerful executive body in India and its decisions are considered binding on the entire government. 

The Union cabinet has many responsibilities, some of the main functions performed by Cabinet are as follows: 

• • Policy making: The Cabinet is responsible for taking major policy decisions and implementing them through legislative and administrative measures. 
  • Legislative functions: Cabinet is also responsible for approving the legislative and financial proposals of the government. Government Bills are usually introduced in the parliament only after the approval of the cabinet.

• Crisis management: In times of crisis, the cabinet is responsible for taking necessary measures to restore normalcy and provide relief to the affected persons. 

• Advisory role: The Cabinet provides advice and support to the Prime Minister on various issues of national and international importance.