Council Of Ministers

Question 1

What is COM?

Answer 1

The constitution of India provides for a parliamentary system of government, in which the COM headed by the prime minister is the real executive authority in our politico-administrative system

Question 2

Article related to COM

Answer 2

Article 74 - deals with the status of the COM
Article 75 - deals with the appointment, tenure, responsibility, qualification,oath and salaries/ allowances of the ministers

Question 3

Constitutional provision related to COM

Answer 3

Article 74 - there shall be COM headed by PM to aid and advice the president who shall act in accordance with that advice. The advice tendered by the ministers shall not be inquired in any court.

Article 75 - the president shall be appointed by president and other minister shall be appointed by president on the advice of PM
The COM shall be collectively responsible to LS

Article 77 - all the executive actions of government shall be expressed to be taken in the name of president
The president shall make rules for the more convenient transaction of the business of the government

Article 78 - Duties of prime minister
Article 88 - every minister shall have the right to speak and take part in the proceedings of either house, any joint sitting of the houses and any committee of parliament of which he may be named a member but hr shall not be allowed to vote

Question 4

How many numbers of minister can be there in the COM?

Answer 4

The total number of ministers including the PM in the COM shall not exceed 15% of the total strength of LS

This provision was added by 91st CAA,2003

Question 5

Disqualification of ministers?

Answer 5

A member of either house of the parliament who is disqualified on the grounds of defection shall also be disqualified to be appointed as minister(Added by 91st CAA)

Question 6

Tenure of the ministers

Answer 6

Hold office during the pleasure of president

Question 7

Salaries and allowances of the ministers?

Answer 7

Decided by parliament

Question 8

Nature of the advice by the ministers?

Answer 8

Article 74 provides for COM to aid and advise president
42nd CAA ➡️ made such advice binding on the president
44th CAA ➡️ President can send back such advice for reconsideration however advice tendered after such reconsideration is binding on the president

As per a SC judgment, Article 74 is mandatory and president cannot excercise the executive powers without the aid and advise of COM. Any such exercise will be considered unconstitutional and violative of Article 74

Question 9

Oath administered by?

Answer 9

President
Oath of office and secrecy

Question 10

Who is deputy minister?

Answer 10

It is not mentioned in the constitution
It is just descriptive and such description does not confer on him any powers of prime minister

Question 11

Types of responsibility of ministers

Answer 11

Collective responsibility
Individual responsibility

Question 12

What is collective responsibility? - Article

Answer 12

Art 75 states that all the ministers own joint responsibility to the lok sabha for all their acts of omission and commission

Question 13

How is collective responsibility is ensured?

Answer 13

They work as a team and swim or sink together. When lok sabha passes a no confidence motion again the COM ,all the ministers have to resign including the ones from Rajya sabha

Question 14

What is the principle behind collective responsibility?

Answer 14

This means that cabinet decisions bind all COM even if they differed in the cabinet meeting. It is the duty of every minister to stand by cabinet and support their decision.

Question 15

What happens if any minister disagrees with the decision of the cabinet?

Answer 15

If a minister disagrees with the decision of the cabinet and is not prepared to defend it then he must resign

Eg. BR Ambedkar resigned because of his differences with colleagues on the Hindu code bill,1953
Arif Mohammed resigned due to his opposition to the Muslim women (protection of rights on divorce)Act,1986

Question 16

What is individual responsibility of ministers?

Answer 16

Art 75 also talks about the principle of individual responsibility.
It states that the ministers hold office during the pleasure of the president and can remove a minister even when COM enjoys the confidence of LS➡️ he can only do that on the advice of PM

In case if difference of opinion the PM can ask the minister to resign or president ro dismiss him

Question 17

Significance of individual responsibility

Answer 17

By exercising the power of dismissal on grounds of difference of opinion, PM can ensure the realisation of rule if collective responsibility

Through individual responsibility ➡️ collective responsibility can be ensured

Question 18

What is the composition of COM?

Answer 18

Cabinet minister, Ministers of state and deputy ministers with PM at the top ➡️ none of this is mentioned in the constitution

Question 19

What is the role of cabinet minister?

Answer 19

Heads the important ministers of the central government like home, defence, finance, external affairs etc.
They are members of cabinet and attend its meetings and play an important role in deciding policies

Question 20

What is the role of the minister if state?

Answer 20

Can be either given independent charge of ministries/department or can be attached to the cabinet ministers.
When given independent charge, they perform the same functions as cabinet minister but the are not members of the cabinet and do not attend it’s meeting unless specially invited

Question 21

What is the function of deputy ministers?

Answer 21

They are not given independent charge of ministers/department and are attached to Cabinet minister or MOS and assist them in administrative, political and parliamentary duties. They are not members of cabinet and do not attend cabinet meetings

Question 22

COM VS cabinet

Answer 22

Page no 20.5 of laxmikanth

Question 23

What is cabinet?

Answer 23

It is a smaller body consisting of 15-20 ministers and includes cabinet ministers only. It excercise, in practice, the powers oF COM. It directs the COM by taking policy decisions which are binding on all ministers

Question 24

Article related to the cabinet

Answer 24

The word Cabinet was inserted in article 352 of the constitution in 1978 by 44th CAA.
Art 352 defines cabinet as “it is a council consisting of PM and other ministers of cabinet rano appointed under Art 75”and does not describe the power aje functions ➡️ it is based on the conventions if parliamentary government as developed in Britain

Question 25

Role of cabinet

Answer 25

1. Highest decision making authority in our politico-administrative system
2. Chief policy formulating body of central government
3. Supreme executive authority of the central government
4. It deals with the major legislative and financial matters
5. Deals with all foreign policies and foreign affairs