Why in news?
The Union Council of Ministers, led by Prime Minister Narendra Modi, was sworn in on June 9, 2024. The current Council includes the Prime Minister, 30 Cabinet Ministers, 5 Ministers of State with independent charge, and 36 Ministers of State.
What’s in today’s article?
- Council of Ministers (COM)
- Constitutional limit on COM
- Discrepancies in constitutional limits imposed by 91st amendment
Council of Ministers (COM)
- Constitutional Provisions
- Article 74 - Council of Ministers to aid and advise the President
- There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice.
- Article 75
- Appointment of Ministers: The Prime Minister is appointed by the President, and the other Ministers are appointed by the President on the advice of the Prime Minister.
- Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha (House of the People).
- Term of Office: Ministers hold office during the pleasure of the President.
- Salaries and Allowances: The salaries and allowances of Ministers are determined by Parliament.
- Composition of the Council of Ministers
- The COM consists of a Cabinet minister, MoS with independent charge, MoS and a Deputy Minister.
- Cabinet Ministers - They are the senior-most ministers and are part of the decision-making process at the highest level.
- Ministers of State (Independent Charge) - These ministers handle specific portfolios without the oversight of a Cabinet Minister. They report directly to the Prime Minister.
- Ministers of State - They assist Cabinet Ministers in their duties and responsibilities and may be assigned specific tasks within their ministries.
- The Constitution does not classify the members of the COM into different ranks. All this has been done informally, following the British practice.
- Roles and Responsibilities
- India is a parliamentary democracy with the President as its nominal head.The real executive powers lie with the COM.
- Policy Formulation
- The Council of Ministers is responsible for formulating policies and programs for the country.
- They discuss, deliberate, and decide on various issues affecting the nation.
- Administration
- Each minister is responsible for the administration of the portfolio assigned to them.
- They ensure the implementation of government policies and programs.
- Legislation
- The Council of Ministers plays a crucial role in the legislative process.
- They introduce bills, participate in debates, and ensure the passage of laws in Parliament.
- Advising the President
- The Council of Ministers advises the President on various matters.
- The President acts on the advice of the Council of Ministers in the exercise of his functions.
- Executive Decisions
- The Council of Ministers takes executive decisions on various issues, including economic policies, defense, foreign affairs, and internal security.
- Budget
- The Council of Ministers is responsible for preparing and presenting the Union Budget, which outlines the government's revenue and expenditure for the fiscal year.
- Collective Responsibility
- The Council of Ministers is collectively responsible to the Lok Sabha.
- If the Lok Sabha passes a vote of no confidence against the Council, all members, including the Prime Minister, must resign.
Constitutional limit on COM
- Initial Composition
- Post-Independence: The first Council of Ministers (COM) in 1947, led by Prime Minister Jawaharlal Nehru, consisted of only 15 ministers.
- Post-First General Elections (1952): Nehru expanded the COM to around 30 ministers.
- Gradual Expansion
- Over the years, the size of the COM gradually increased to approximately 50-60 ministers.
- National Commission's Suggestions
- National Commission to Review the Working of the Constitution (2000): Chaired by Justice Venkatachaliah, the commission suggested a ceiling of 10% of the total strength of the Lok Sabha/Legislative Assembly for the number of ministers at the Centre/State level.
- 91st Constitutional Amendment (2003)
- Ministerial Ceiling: The amendment limited the total number of ministers, including the Prime Minister/Chief Minister, to 15% of the total strength of the Lok Sabha/State Legislative Assembly.
- Minimum Requirement: No minimum requirement at the central level, but smaller states must have at least 12 ministers.
- Union Territories: For NCT of Delhi and Jammu & Kashmir, the maximum limit is 10% of the total strength of its Assembly.
Discrepancies in constitutional limits imposed by 91st amendment
- Appointment of Parliamentary Secretaries (PS) in various States
- States appoint PS to bypass the limit on the number of ministers imposed by the 91st Amendment.
- The office of Parliamentary Secretary (PS) originates from the British system. The post was first created in 1951.
- PS positions have not been regular in Central governments, with the last appointment made in 1990.
- Judicial Interventions with respect to PS
- High Courts of Punjab & Haryana, Rajasthan, Bombay, Calcutta, Telangana, and Karnataka have questioned or quashed PS appointments.
- Supreme Court Ruling (July 2017) declared a 2004 Assam law for appointing PS as unconstitutional.
- Himachal Pradesh High Court (January 2024) restrained six PS from functioning as ministers or availing ministerial facilities.
- Variations in Ministerial Limits
- Smaller States
- States like Sikkim, Goa, and northeastern states have a minimum of twelve ministers despite populations ranging from seven to forty lakhs.
- Union Territories
- NCT of Delhi - Maximum of seven ministers for a population of over 2 crores.
