COUNCIL OF MINISTERS
- The Council of Ministers typically consists of the Prime Minister and other ministers. These ministers are usually categorized into different ranks such as Cabinet Ministers, Ministers of State, and Deputy Ministers. The composition can vary depending on the country's specific governmental structure
- The Council of Ministers is a key executive body in parliamentary systems of government, responsible for administering the government and implementing its policies
- India operates as a parliamentary democracy where the President serves as the ceremonial head of state. According to Article 74 of the Constitution, a Council of Ministers (COM) led by the Prime Minister is designated to assist and advise the President.
- The actual executive authority resides with the COM. Ministers must be members of either the Lok Sabha or the Rajya Sabha, or must secure membership within six months of their appointment. A comparable structure exists at the state level, with a COM led by the Chief Minister.
- The COM includes Cabinet Ministers, Ministers of State (MoS) with independent charge, Ministers of State, and Deputy Ministers. The Constitution does not formally differentiate among these ranks; this classification follows British traditions.
- Cabinet Ministers hold senior positions and manage major portfolios, while Ministers of State support the Cabinet Ministers and operate under their direction. Ministers of State with independent charge report directly to the Prime Minister regarding their ministries
- At the time of India's independence, the initial Council of Ministers (COM) consisted of only 15 members led by Prime Minister Jawaharlal Nehru. Following the first general elections in 1952, Nehru expanded his COM to include about 30 ministers.
- Over time, the number of ministers grew to approximately 50-60. Notably, the United Front governments under Deve Gowda in June 1996 and I.K. Gujral in April 1997 had just 21 and 34 ministers respectively.
- In 1999, when Atal Bihari Vajpayee assumed the role of Prime Minister, his COM included 74 ministers. In some larger states, the COM size became quite large; for instance, in 2002, Chief Minister Mayawati of Uttar Pradesh had 79 ministers.
- In February 2000, the National Commission to review the working of the Constitution, chaired by Justice Venkatachaliah, recommended a cap of 10% of the total strength of the Lok Sabha or State Legislative Assembly for the number of ministers at the central or state level.
- This recommendation led to the 91st Constitutional Amendment in 2003, which limited the number of ministers, including the Prime Minister or Chief Minister, to 15% of the total strength of the Lok Sabha or State Legislative Assembly.
- There is no minimum requirement for the central government, but smaller states must have at least 12 ministers. For the Union Territories of Delhi and Jammu & Kashmir, the maximum number of ministers is limited to 10% of the total strength of their assemblies
- A contentious issue, even after the imposition of limits on the number of ministers, is the appointment of Parliamentary Secretaries in various states.
- The position of Parliamentary Secretary (PS) originates from the British system and was first established in India in 1951.
- They have not been a consistent feature in central governments, with the last PS appointed at the central level in 1990.
- However, several states have continued appointing PS to circumvent the restrictions on the Council of Ministers imposed by the 91st Amendment.
- High Courts in Punjab & Haryana, Rajasthan, Bombay, Calcutta, Telangana, Karnataka, and others have nullified or questioned these appointments, seeing them as indirect violations of the cap on the COM. In July 2017, the Supreme Court also declared a law passed by Assam in 2004 for the appointment of PS as unconstitutional.
- Recently, in January 2024, the Himachal Pradesh High Court restrained six PS in the state from functioning as ministers or enjoying ministerial facilities. Appointing MLAs as PS to evade constitutional limits on ministerial appointments should be strictly prohibited and discontinued.
- Additionally, it is noteworthy that states like Sikkim, Goa, and smaller northeastern states, with populations ranging from seven to forty lakhs, have a minimum of twelve ministers.
- In contrast, Union Territories like Delhi and Jammu & Kashmir, with populations exceeding 2 crore and 1.5 crore respectively, are limited to a maximum of seven and nine ministers.
- The administration of public order, police, and land in Delhi is not under the Delhi government, and similarly, public order and police in Jammu and Kashmir are not under its government.
- Given the populations of these Union Territories, the 10% limit on their Council of Ministers may warrant reconsideration
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In Other Countries
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For Prelims: Council of Ministers, Prime Minister, Cabinet
For Mains: GS II: Parliamentary Procedures, Council of Ministers
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Previous Year Questions
1.The Council of Ministers is collectively responsible to which of the following? (UPSC CSE 2012)
A.Prime Minister
B.President
C.Rajya Sabha
D.Lok Sabha
Answer (D)
In a parliamentary system of government, such as that of India, the Council of Ministers is collectively responsible to the lower house of the parliament, which is the Lok Sabha. Here are some key points explaining this concept:
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