Council of Ministers - CoMs Central State Art 74 – Status – to aid & Art 163 – Status – to aid & advice President advice Governor Art 75 - appointment, tenure, Governor has discretion to responsibility, qualification, decide discretion or not oath & Salary…Council of Ministers shall not exceed Art 164 - appointment, fifteen per cent of the total tenure, responsibility, number of members of the qualification, oath & House of the People, Salary…Council of Ministers disqualified under Tenth shall not exceed fifteen per Schedule- no Minister , office cent of the total number of during pleasure of the members of the House of the President , collectively People, disqualified under responsible to the House of Tenth Schedule- no Minister , the People, six months to MP office during pleasure of the … President , collectively Art 77 – responsible to the Assembly, Art 78 – six months to MLA/MLC; CH, 1971 SC – CoMs does NOT JH, MP &OD – Tribal Minister cease to hold office after Art 166 – dissolution… to aid & advice Art 167 – CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth Appointment of Ministers Appointment of Ministers MP : Lok Sabha or Rajya Sabha MLA/MLC Non Member – 6 Months Non Member – 6 Months Minister can take part in the Minister can take part in the proceedings of both houses – proceedings of both houses – votes only where she/he member votes only where she/he member Oath, Term & Salary Oath, Term & Salary Oath of Office (Minister) Oath of Office (Minister) Faith & allegiance to Constitution Faith & allegiance to Uphold Sovereignty & Integrity Constitution Faithfully & Conscientiously Uphold Sovereignty & Integrity discharge duties Faithfully & Conscientiously To do right to all people…without discharge duties fear or favour, affection or ill will To do right to all Oath of Secrecy (Minister) people…without fear or favour, Directly or indirectly will not affection or ill will communicate or reveal any Oath of Secrecy (Minister) matter… Directly or indirectly will not Description of a minister as Dy. PM communicate or reveal any or MoS or Dy. Minister of which matter… there is no mention in the constitution does not vitiate the oath CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth Responsibility of Ministers Responsibility of Ministers Collective – Lok Sabha – Collective –Assembly – Minister Minister does not disagree does not disagree with cabinet with cabinet Individual – Governor Individual – President No legal Responsibility (but in No legal Responsibility (but UK) – No need to countersign in UK) – No need to countersign Composition of Council of Composition of Council of Ministers - Difference in rank, Ministers - Difference in rank, emoluments & political emoluments & political importance importance Cabinet Cabinet MoS (IC) MoS (IC) MoS MoS DY. Minister DY. Minister Parliamentary Secretary – up to 1967 except 1st phase *State government is divided of R. Gandhi Gov. into Depts and NOT ministries Sometimes Dy. PM S. Patel, M. Desai (I. Gandhi ), Sometimes Dy. CM C. Singh (M. Desai ), J. Ram (C. Singh), D. Lal (VP. Singh), L.K. Advani (A.B. Vajpayee) CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth CoMs Cabinet Wider body – 60 to 70 Smaller 15 to 20 All categories Cabinet only Does not meet as a Meets as a body body Exercise power in Theoretically practice powerful Directs & Supervises Functions CoMs determined by Cabinet Inserted in Art 352 by Implement decisions 44th A.Act of Cabinet Enforces collective Constitutional body responsibility Collective – Lok Kitchen Cabinet Sabha Extra-Constitutional PM + 2 to 4 Members Outsiders also Also in UK & US
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth Cabinet Committees Extra Constitutional Rules of business provides for their establishment 2 types standing, ad hoc Set by PM Usually Cabinet Ministers Mostly headed by PM To sort out issues, formulate proposals, take decisions Based on principle of division of labour In states also
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth 4 important Cabinet Committees Political (Super Cabinet) – domestic & foreign policies Economic Affairs, Appointments, Parliamentary Affairs (chaired by PM) Group of Ministers – ad hoc bodies - to look into different issues Empowered to take decisions or recommendation to Cabinet 2nd ARC observation about GoMs Large GoMs created delays Selective use of GoMs will be efficient Time limit for completing the work
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth