Council of Ministers

The Council of Ministers of India is the principal executive authority in the Government of India, responsible for aiding and advising the President in the exercise of executive powers. It operates under the leadership of the Prime Minister, who serves as its head and chief coordinator. The Council forms a crucial component of India’s parliamentary system of government, modelled largely on the British system, where the real executive authority lies with the elected ministers rather than the ceremonial Head of State.

Constitutional Framework and Composition

The structure, powers, and functioning of the Council of Ministers are primarily governed by Articles 74 and 75 of the Constitution of India. Article 74 mandates that there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, who must act in accordance with such advice.
The Council of Ministers comprises three categories:

• Cabinet Ministers: The most senior ministers heading major ministries such as Finance, Defence, Home Affairs, and External Affairs. They are the core decision-making body and meet regularly to formulate national policies.
• Ministers of State (Independent Charge): Ministers who handle specific departments or portfolios independently without a Cabinet Minister above them.
• Ministers of State (Attached): Ministers who assist Cabinet Ministers in specific departments.

The Prime Minister allocates portfolios and coordinates the functioning of all ministries. The President formally appoints the ministers on the advice of the Prime Minister, and the entire Council collectively holds office during the pleasure of the President.

Role and Functions

The Council of Ministers performs a wide range of executive and administrative functions. Its responsibilities can be categorised as follows:

1. Policy Formulation: The Cabinet, as the nucleus of the Council, formulates domestic and foreign policies, prepares the annual budget, and frames laws and national development programmes.
2. Administration: The ministers oversee the functioning of various ministries and departments, ensuring the implementation of government decisions and policies.
3. Legislative Role: The Council of Ministers plays a decisive role in the legislative process. Most bills are introduced and piloted by ministers in Parliament, and government business is conducted under their direction.
4. Financial Responsibility: The Council prepares and presents the Union Budget to Parliament. It is collectively responsible for all financial and economic decisions.
5. Advisory Role to the President: All executive decisions of the President are taken based on the advice of the Council. Although the President is the nominal executive, the real power rests with the Council, led by the Prime Minister.

Collective and Individual Responsibility

A key feature of the Council’s operation is the principle of collective responsibility, as stated in Article 75(3). This means the Council functions as a single unit; all ministers share responsibility for Cabinet decisions. If the Lok Sabha passes a vote of no confidence against the Council, all ministers, including the Prime Minister, must resign collectively.
In addition, there exists individual responsibility, wherein each minister is accountable to the Prime Minister and Parliament for the functioning of their department. The Prime Minister may demand a minister’s resignation if their performance or conduct is unsatisfactory.

Cabinet System and Decision-Making

The Cabinet is the supreme policy-making body within the Council of Ministers. Although the Council may consist of dozens of ministers, the Cabinet is a smaller, more cohesive group of senior ministers who meet frequently to decide key issues.
Cabinet meetings are held under the chairmanship of the Prime Minister, who determines the agenda and ensures coordination among ministries. Once a decision is taken by the Cabinet, it becomes binding on all members of the Council, even if some ministers had opposed it during discussions.
The Cabinet Secretariat provides administrative support to the Cabinet, ensuring proper documentation and coordination. The Cabinet Committee system—such as the Cabinet Committee on Security and Cabinet Committee on Economic Affairs—further assists in handling specialised areas of governance.

Evolution and Historical Context

The Council of Ministers evolved from the colonial Executive Council under British rule. The system of responsible government began developing after the Government of India Act, 1919, and was further strengthened by the Government of India Act, 1935, which provided for provincial autonomy.
After independence in 1947, India adopted the Westminster model, making the Prime Minister and Council of Ministers collectively responsible to the elected legislature. Jawaharlal Nehru, India’s first Prime Minister, played a crucial role in establishing the conventions and traditions of Cabinet governance that continue to influence the functioning of the Council today.

Appointment, Tenure, and Removal

• Appointment: The Prime Minister is appointed by the President, usually from the majority party or coalition in the Lok Sabha. On the Prime Minister’s advice, other ministers are appointed by the President.
• Tenure: Ministers hold office during the pleasure of the President, which practically means as long as they enjoy the confidence of the Prime Minister and the majority in the Lok Sabha.
• Oath and Responsibilities: Each minister takes an oath of office and secrecy under Article 75(4) before the President.
• Resignation and Dismissal: A minister may resign voluntarily or be dismissed by the President on the advice of the Prime Minister.

Relationship with the Parliament

The Council of Ministers is collectively accountable to the Lok Sabha (House of the People). It must retain the confidence of the majority in the lower house to remain in office. Parliament exercises control over the Council through debates, questions, motions, and financial approvals.
Parliamentary committees also play a vital role in scrutinising the actions and policies of the ministries. This ensures a continuous system of checks and balances between the executive and the legislature.

Importance in the Indian Political System

The Council of Ministers forms the backbone of the executive branch of the Indian government. Its collective functioning ensures policy coherence, coordination among ministries, and stability in governance. It represents the political leadership of the country and serves as the bridge between the legislature and the administration.
The Council’s decisions shape the direction of national development, foreign policy, and socio-economic planning. Its efficient functioning is essential for maintaining the federal and democratic spirit of the Constitution.

Challenges and Criticism

Despite its constitutional significance, the Council of Ministers faces several challenges:

• Concentration of Power in the Prime Minister’s Office (PMO): Over time, critics have argued that decision-making has become increasingly centralised, reducing the collective nature of the Cabinet system.
• Coalition Politics: In periods of coalition government, balancing diverse political interests within the Council can lead to policy compromises.
• Ministerial Accountability: Issues of corruption, inefficiency, and lack of transparency have occasionally undermined public confidence in the Council.
• Overexpansion: At times, the size of the Council has been criticised as excessive, prompting the 91st Constitutional Amendment Act (2003), which limits the number of ministers to 15% of the total strength of the Lok Sabha.