What are constitutional provisions related to Council of Ministers?
Q. Which of the following is/are true?
1) Article 77 deals with conduct of business of the Government of India.
2) Article 78 deals with duties of Prime Minister.- Published on 01 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
- As the Constitution of India provides for a parliamentary system of government, the council of ministers headed by the prime minister is the real executive authority is our politico-administrative system.
- The principles of parliamentary system of government are not detailed in the Constitution, but two Articles (74 and 75) deal with them in a broad and general manner.
- Article 74 deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility,qualification, oath and salaries and allowances of the ministers.
Constitutional provisions related to the Prime Minister and Council of Ministers
Article 74 is related to duty of Council of Ministers to aid and advise President -
1. There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. However, the President may require the Council of Ministers to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.
2. The advice tendered by Ministers to the President shall not be inquired into in any court.
Article 75 are concerned with other provisions as to Ministers-
1. The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
2. The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. The provision was added by the 91st Amendment Act of 2003.
3. A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was also added by the 91st Amendment Act of 2003.
4. The ministers shall hold office during the pleasure of the President.
5. The council of ministers shall be collectively responsible to the Lok Sabha.
6. The President shall administer the oaths of office and secrecy to a minister.
7. A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall cease to be a minister.
8. The salaries and allowances of ministers shall be determined by the Parliament.
Article 77 deals with conduct of business of the Government of India -
1. All executive action of the Government of India shall be expressed to be taken in the name of the President.
2. Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President. Further, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
3. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
Article 78 deals with duties of Prime Minister. It says that it shall be the duty of the Prime Minister -
1. To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation
2. To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for
3. If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
