Union Council of Ministers and the Cabinet – Indian Polity Notes for UPSC
Union Council of Ministers
In a Parliamentary System, the Council of Ministers (CoM) headed by the Prime Minister wields the real executive authority.
Articles 74 and 75 of the Constitution deal with the power and function of the Council of Ministers.
Amendments in Article 74 |
| 42nd Constitutional Amendment: “There shall be a Council of Ministers with the PM as the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice”. (The bold texts were added through the amendment).
44th Constitutional Amendment: It added the following para in the above provision: “Provided that the President may require the Council of Ministers (CoM) to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration”. |
Appointment of the Minister of Union Council
- The PM is appointed by the President, and his/her recommendation other ministers of the Council are appointed by the President.
- A Member of Parliament from either house, both elected and nominated, is eligible to become a minister.
- Even a person who is not an MP can be appointed as a minister, but s/he must become a member of the house within six months of his/her appointment [Article 75].
- A minister has the right to speak and participate in the proceedings of either of the houses of Parliament, but s/he can only vote in the house s/he is a member of.
Oath, Term and Remunerations of the Ministers
Ministers are required to take an oath of office and secrecy before entering office. The third schedule of the Constitution mentions the oath and affirmation of a Union Minister.
Case Study: The Position of Deputy Prime Minister |
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Term of a Minister of Union Council
- Article 75 of the Constitution states that a minister holds the office at the pleasure of the President.
- It means that the President can remove a minister even when the Council of Ministers enjoys the confidence of the Lok Sabha. However, the President can only act on the advice of the PM in this regard.
- In case of dissatisfaction with the performance of the minister or difference of opinion, the Prime Minister can ask him/her to resign or can ask the President to dismiss him/her. This provision is in line with the Principle of collective responsibility.
Remunerations of a Minister
The Parliament determines the remuneration of a minister from time to time. A minister gets the salary paid to a Member of Parliament; in addition, s/he is entitled to a sumptuary allowance (as per rank), free accommodation, medical facilities, travel allowances, etc.
Related FAQs of Union Council of Ministers and the Cabinet
The Prime Minister of India is the head of the Union Council of Ministers. All ministers work under the leadership and guidance of the Prime Minister.
The Council of Ministers includes all ranks of ministers – Cabinet Ministers, Ministers of State, and Deputy Ministers. The Cabinet, on the other hand, consists of only the senior-most ministers and is the real decision-making body of the government.
As per the 91st Constitutional Amendment Act, 2003, the total number of ministers in the Union Council of Ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.
It means that the entire Council of Ministers is collectively responsible to the Lok Sabha. If the Lok Sabha passes a vote of no-confidence against the Council, all ministers, including the Prime Minister, must resign.
Yes, a person who is not a Member of Parliament can be appointed as a Union Minister, but he or she must become a member of either house within six months of the appointment.
