Central Council of Ministers - Questions and Answers

ANSWER: 2, 3

Explanation:

Role and importance of Cabinet -

1. It is the highest decision-making authority in our politico-administrative system.

2. It is the chief policy formulating body of the Central Government.

3. It is the supreme executive authority of the Central Government.

4. It is chief coordinator of Central administration.

5. It is an advisory body to the president and its advice is binding on him.

6. It deals with all major legislative and financial matters including emergency situations.

7. It exercises control over higher appointments like constitutional authorities and senior secretariat administrators.

8. It deals with all foreign policies and foreign affairs.


• There is a difference between CoM and Cabinet.

It is as follows -

Sr. No.	Council of Ministers	Cabinet
1.	Wider body of 60 to 70 ministers.	Smaller body of 15 to 20 ministers.
2.	Includes all the 3 categories of ministers, that is, cabinet ministers, ministers of state and deputy ministers.	It includes the cabinet ministers only. Thus, it is a part of the council of ministers.
3.	It does not meet, as a body, to transact government business. It has no collective functions.	It meets, as a body, frequently and take decisions regarding the transaction of government business. Thus, it has collective functions.
4.	It is vested with all powers but in theory.	It exercises, in practice, the powers of the council of ministers and thus, acts for the latter.
5.	Its functions are determined by the cabinet.	It directs the council of ministers by taking policy decisions which are binding on all ministers.
6.	It implements the decisions taken by the cabinet.	It supervises the implementation of its decisions by the council of ministers.
7.	It is a constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution. Its classification into a three-tier body is based on the conventions of parliamentary government as developed in Britain. It has, however, got a legislative sanction. Thus, the Salaries and Allowances Act of 1952 defines a ‘minister’ as a ‘member of the council of ministers, by whatever name called, and includes a deputy minister’.	It was inserted in Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment Act. Article 352 only defines the cabinet saying that it is ‘the council consisting of the prime minister and other ministers of cabinet rank appointed under Article 75’ and does not describe its powers and functions. Its role is based on the conventions of parliamentary government as developed in Britain.
8.	It is collectively responsible to the Lower House of the Parliament.	It enforces the collective responsibility of the council of ministers to the Lower House of Parliament.

ANSWER: Only 2

Explanation:

• The cabinet, consisting of the prime minister as its head and some 15 to 20 most important ministers, is the highest decision-making body in the formal sense.


• However, a still smaller body called the ‘inner Cabinet’ or ‘Kitchen Cabinet’ has become the real centre of power.


• This informal body consists of the Prime Minister and two to four influential colleagues in whom he has faith and with whom he can discuss every problem.


• It advises the prime minister on important political and administrative issues and assists him in making crucial decisions.


• It is composed of not only cabinet ministers but also outsiders like friends and family members of the prime minister.


• Every prime minister in India has had his ‘Inner Cabinet’ - a circle within a circle.


• Prime Minister Jawaharlal Nehru’s ‘Inner Cabinet’ consisted of Sardar Patel, Maulana Azad, Gopalaswamy Ayyangar and Kidwai.


• Lal Bahadur Shastri relied upon Y. B. Chavan, Swaran Singh and G. L. Nanda.


• During the era of Indira Gandhi, the ‘Inner Cabinet’ which came to be called the ‘Kitchen Cabinet’ was particularly powerful and consisted of persons like Y. B. Chavan, Uma Shanker Dixit, FakhruddinAli Ahmed, Dr. Karan Singh and others.


• A. B. Vajpayee’s ‘inner cabinet’ consisted of L. K. Advani, George Fernandes, M. M. Joshi, Pramod Mahajan and so on.

The PMs have resorted to the device of ‘inner cabinet’ (extra-constitutional body) due to its merits, which are -

1. It being a small unit, is much more efficient decision-making body than a large cabinet.

2. It can meet more often and deal with business much more expeditiously than the large cabinet.

3. It helps the Prime Minister in maintaining secrecy in making decisions on important political issues.

Demerits of it are -

1. It reduces the authority and status of the cabinet as the highest decision-making body.

2. It circumvents the legal process by allowing outside persons to play an influential role in the government functioning.


• The phenomenon of ‘kitchen cabinet’ (where decisions are cooked and placed before the cabinet for formal approval) also exists in USA and Britain and is quite powerful in influencing government decisions there.


• In India, another powerful group was seen a few years back, which is Empowered Group of Ministers.

ANSWER: All of the above

Explanation:

• The council of ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers.


• The difference between them lies in their respective ranks, emoluments, and political importance.


• At the top of all these ministers stands the Prime Minister.


• The cabinet ministers head the important ministries of the Central government like home, defense, finance, external affairs and so forth.


• They are members of the cabinet, attend its meetings and play an important role in deciding policies.


• Thus, their responsibilities extend over the entire gamut of Central government.


• The ministers of state can either be given independent charge of ministries/departments or can be attached to cabinet ministers.


• In case of attachment, they may either be given the charge of departments of the ministries headed by the cabinet ministers or allotted specific items of work related to the ministries headed by cabinet ministers.


• In both the cases, they work under the supervision as well as under the overall charge and responsibility of the cabinet ministers.


• In case of independent charge, they perform the same functions and exercise the same powers in relation to their ministries/departments as cabinet ministers do.


• But, they are not members of the cabinet and do not attend the cabinet meetings unless specially invited.


• The deputy ministers are not given independent charge of ministries/departments.


• They are attached to the cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties.


• They are not members of the cabinet and do not attend cabinet meetings.


• It must also be mentioned here that there is one more category of ministers, called parliamentary secretaries, who have no department under their control.


• They are the members of the last category of the council of ministers (which is also known as the ‘ministry’).


• They are attached to the senior ministers and assist them in the discharge of their parliamentary duties.


• However, since 1967, no parliamentary secretaries have been appointed except during the first phase of Rajiv Gandhi Government.


• At times, the council of ministers may also include a deputy prime minister.


• Thus, Sardar Patel in Pandit Nehru’s ministry, Morarji Desai in the Indira Gandhi’s Ministry, Charan Singh in the Morarji Desai’s ministry, Jagjivan Ram in the Charan Singh’s ministry, Devi Lal in the V. P. Singh’s ministry and L. K. Advani in the A. B. Vajpayee’s ministry served as deputy prime ministers.


• The deputy prime ministers are appointed mostly for political reasons.

ANSWER: Both 1 and 2

Explanation:

Collective Responsibility -


• The fundamental principle in working of parliamentary system of government is the principle of collective responsibility.


• Article 75 clearly states that the council of ministers is collectively responsible to the Lok Sabha.


• This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of ommission and commission.


• When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to resign including those ministers who are from the Rajya Sabha.


• Each minister need not resign separately; the resignation of the prime minister amounts to the resignation of the entire council of ministers.


• Alternatively,the council of ministers can advise the president to dissolve the Lok Sabha on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections.


• The President may not oblige the council of ministers that has lost the confidence of the Lok Sabha.


• The principle of collective responsibility also means that the Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting.


• It is the duty of every minister to stand by cabinet decisions and support them both within and outside the Parliament.


• If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign.


• Several ministers have resigned in the past owing to their differences with the cabinet.


• For example, Dr. B. R. Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in 1953.


• C.D. Deshmukh resigned due to his differences on the policy of reorganization of states.


• Arif Mohammed resigned due to his opposition to the Muslim Women (Protection of Rights on Divorce)Act, 1986.

Individual Responsibility -


• Article 75 also contains principle of individual responsibility.


• It states that the ministers hold office during the pleasure of the president, which means that the President can remove a minister even at a time when the council of ministers enjoys the confidence of the Lok Sabha.


• However, the President removes a minister only on the advice of the Prime Minister.


• In case of a difference of opinion or dissatisfaction with the performance of a minister, the Prime Minister can ask him to resign or advice the President to dismiss him.


• By exercising this power, the Prime Minister can ensure the realization of the rule of collective responsibility.


• In this context, Dr. B. R. Ambedkar observed - “Collective responsibility can be achieved only through the instrumentality of the Prime Minister. Therefore, unless and until we create that office and endow that office with statutory authority to nominate and dismiss ministers, there can be no collective responsibility.”

No Legal Responsibility -


• In Britain, every order of the King for any public act is countersigned by a minister.


• If the order is in violation of any law, the minister would be held responsible and would be liable in the court.


• The legally accepted phrase in Britain is, “The king can do no wrong.” Hence, he cannot be sued in any court.


• In India, there is no provision in the Constitution for the system of legal responsibility of a minister.


• It is not required that an order of the President for a public act should be counter-signed by a minister.


• Moreover, the courts are barred from enquiring into the nature of advice rendered by the ministers to the president.

ANSWER: Only 1

Explanation:

• Article 74 provides for a council of ministers with the Prime Minister at their head to aid and advise the President in the exercise of his functions.


• The 42^nd Constitutional Amendment Act of 1976 and 44th Constitutional Amendment Act of 1978 have made the advice binding on the President.


• Further, the nature of advice tendered by ministers to the President cannot be enquired by any court.


• This provision emphasizes the intimate and the confidential relationship between the President and the ministers.


• In 1971, the Supreme Court held that even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office.


• Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers.


• Any exercise of executive power without the aid and advice will be unconstitutional as being in violation of Article 74.


• Again in 1974, the court held that ‘wherever the Constitution requires the satisfaction of the President,the satisfaction is not the personal satisfaction of the President but it is the satisfaction of the council of ministers with whose aid and on whose advice the President exercises his powers and functions’.

Appointment of Ministers -


• The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Minister.


• This means that the President can appoint only those persons as ministers who are recommended by the Prime minister.


• Usually, the members of Parliament, either Lok Sabha or Rajya Sabha, are appointed as ministers.


• A person who is not a member of either House of Parliament can also be appointed as a minister.


• But, within six months, he must become a member (either by election or by nomination) of either House of Parliament, otherwise, he ceases to be a minister.


• A minister who is a member of one House of Parliament has the right to speak and to take part in the proceedings of the other House also, but he can vote only in the House of which he is a member.

Oath of Ministers -


• Before a minister enters upon his office, the president administers to him/her the oaths of office and secrecy.


• The Supreme Court stated that describing a person as Deputy Prime Minister is descriptive only and such description does not confer on him any powers of Prime Minister.


• It ruled that the description of a minister as Deputy Prime Minister or any other type of minister such as minister of state or deputy minister of which there is no mention in the Constitution does not vitiate the oath taken by him so long as the substantive part of the oath is correct.

ANSWER: Both 1 and 2

Explanation:

• 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 91^st 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 91^st 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.

ANSWER: Political Affairs Committee

Explanation:

The four most important cabinet committees are -


• The Political Affairs Committee deals with all policy matters pertaining to domestic and foreign affairs.


• The Economic Affairs Committee directs and coordinates the governmental activities in the economic sphere.


• Appointments Committee decides all higher-level appointments in the Central Secretariat, Public Enterprises, Banks and Financial Institutions.


• Parliamentary Affairs Committee looks after the progress of government business in the Parliament.


• The first three committees are chaired by the Prime Minister and the last one i.e. Parliamentary Affairs Committee, by the Home Minister.


• Of all the Cabinet Committees, the most powerful is the Political Affairs Committee, often described as a ‘Super-Cabinet’.


• In 2013, 10 cabinet committees were functional.

ANSWER: 2 and 4

Explanation:

The following are the features of Cabinet Committees -

1. They are extra-constitutional in origin.

2. The Rules of Business provide for their establishment.

3. They are of two types - standing and ad hoc. The former are of permanent nature while the latter are temporary.

4. The ad hoc committees are constituted from time to time to deal with special problems. They are disbanded after their task is completed.

5. They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation. Hence, their number, nomenclature, and composition vary from time to time.

6. Their membership varies from three to eight. They usually include only Cabinet Ministers. However, the non-cabinet Ministers are not debarred from their membership.

7. They not only include the Ministers in charge of subjects covered by them but also include other senior Ministers.

8. They are mostly headed by the Prime Minister. Sometimes other Cabinet Ministers, particularly the Home Minister or the Finance Minister, also acts as their Chairman.

9. In case the Prime Minister is a member of a committee, he invariably presides over it.

10. They not only sort out issues and formulate proposals for the consideration of the Cabinet, but also take decisions.

11. But, the Cabinet can review their decisions.

12. They are an organizational device to reduce the enormous workload of the Cabinet.

13. They also facilitate in-depth examination of policy issues and effective coordination.

14. They are based on the principles of division of labor and effective delegation.

ANSWER: Only 2

Explanation:

• In addition to cabinet committees, several Groups of Ministers (GoMs) have been constituted to look into different issues/subjects.


• Some of these GoMs have been empowered to take decisions on behalf of the Cabinet whereas the others make recommendations to the Cabinet.


• In the past two decades, the institution of GoMs has become a viable and effective instrument of coordination among the ministries.


• These are ad hoc bodies formed to give recommendations to the cabinet on certain emergent issues and critical problem areas.


• Ministers heading the concerned ministries are inducted into the relevant GoMs and when the advice is crystallized they are disbanded.


• In 2013, 21 GoMs were in existence.

In 2013, there were six Empowered Groups of Ministers (EgoMs) -

1. Empowered Group of Ministers (EGoM) to decide the price band and final price of sale of shares held by Government of India in all central public sector enterprises.

2. Empowered Group of Ministers (EGoM) on gas pricing and commercial utilization of gas.

3. Empowered Group of Ministers (EGoM) on ultra-mega power projects.

4. Empowered Group of Ministers (EGoM) on Mass Rapid Transit System (MRTS).

5. Empowered Group of Ministers (EGoM) on vacation of spectrum and auction of 3G spectrum,and to look into the grant of license and allocation of spectrum in 2G band in 22 service areas.

6. Empowered Group of Ministers (EGoM) on drought.

The Second Administrative Reforms Commission (2005-2009) made the following observations and recommendations with respect to the GoMs -

1. The Commission observed that the constitution of a large number of GoMs has resulted in many GoMs not being able to meet regularly to complete their work thus leading to significant delays on many major issues.

2. The Commission felt that more selective use of the institution of GoMs would perhaps lead tomore effective coordination particularly if they are empowered to arrive at a decision on behalf of the Cabinet with time limits that are prescribed for completing the work entrusted to them.

3. The Commission recommended that there is need to ensure that the existing coordination mechanism of GoMs function effectively and helps in early resolution of issues.

4. Selective, but effective use of GoMs with clear mandate and prescribed time limits would be helpful.