Council of Ministers

Questions

1. Analyze the constitutional principles that guide the allocation of portfolios among members of the Council of Ministers and assess how this process contributes to the effective functioning of the government.

2. Examine the role of the Council of Ministers in the legislative process, considering how their engagement with Parliament aligns with constitutional principles of accountability and transparency.

3. Assess the constitutional provisions related to the collective responsibility of the Council of Ministers and analyze its significance in the context of coalition governments, exploring how this principle is maintained in diverse political scenarios.

4. Examine the Council of Ministers’ role in the decision-making process during national emergencies, evaluating the balance between executive action and parliamentary oversight under such circumstances.

5. Analyze the constitutional provisions regarding the Council of Ministers’ relationship with the President, considering instances where their advice may be binding or discretionary, and assess the impact on the separation of powers.

Types of Ministers

These classifications don’t exist in Constitution.

1. Cabinet Minister: seniormost minister, takes decision on imp matters of behalf of rest of CoM
2. Minister of State (Independent Charge): full charge of particular ministry, can also attend cabinet meeting upon invitation
3. Minister of State Dependent: relatively junior minister, reports to either Cabinet Minister or Independent Minister
4. Deputy Minister

Details

• 75(3): principle of collective responsibility shall be ensured
• if a member doesn’t agree with decision of CoM, he must resign
• a minister may be removed any time by Prez order
• CoM supposed to be headed by PM, his resignation or death death $⟹$ dissolution CoM

Size Limits

• originally no size limits
• 91st CAA 2003 $⟹$ upto 15% of total size of HoP
• benefits of limited size
  • 🔺efficiency, 🔻expenditure
  • 🔻red tapism $⟹$ swifter decision making
  • 🔻chance of ego or pol clashes b/w min
  • min government, max governance

See also:

• Lok Sabha
• Parliament