Central Council of Ministers Notes
The Central Council of Ministers (CoM) is the real executive authority that helps the Prime Minister run the Union Government. It functions under Article 74 and Article 75 of the Constitution.
Constitutional Provisions
Composition of the Council of Ministers
Note: The Cabinet is a smaller body within the CoM.
Appointment and Oath
- Appointed by the President on PM’s advice.
- President administers oath of office and secrecy.
- Oath includes:
- Faith in Constitution
- Secrecy of official matters
- Due discharge of duties
Powers and Functions
A. Executive Powers
- Policy formulation and execution.
- Administration of Union ministries.
- Day-to-day running of government.
B. Legislative Powers
- Initiate and pilot government bills.
- Responsible for answers during Question Hour.
- Control over financial matters like Budget and Appropriation Bills.
C. Advisory Powers
CoM advises President on:
- Summoning and dissolving Parliament.
- Appointment of Governors, judges, etc.
Collective Responsibility (Article 75[3])
- If one minister fails, the entire CoM is answerable.
- The CoM must resign if it loses Lok Sabha confidence.
- If a No-Confidence Motion is passed in Lok Sabha, the entire CoM (including PM) must resign.
Individual Responsibility (Conventions)
- Each minister is individually responsible for their ministry’s actions.
- PM can advise President to dismiss any minister.
- Not explicitly in Constitution but followed by convention.
Legal Responsibility (Not Applicable)
India follows Westminster model, but:
- No provision for legal responsibility of ministers in India.
- Ministers are not legally bound for official acts.
Cabinet vs Council of Ministers
Cabinet is the “real nucleus” of power in the executive.