Q. Consider the following statements:

  1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
  2. The Union Ministers shall hold the office during the pleasure of the President of India.
  3. The Prime Minister shall communicate to the President about the proposals for legislation.

Which of the statements given above is/are correct?

  • 1 only
  • 2 and 3 only
  • 1 and 3 only
  • 1, 2 and 3

Answer: (b) 2 and 3 only

Notes:
  • The Council of Ministers in the Centre shall be collectively responsible to Lok Sabha, not parliament.
  • Article 75(2): The Union Ministers shall hold the office during the pleasure of the President of India.
  • Article 78(1): The Prime Minister shall communicate to the President about the proposals for legislation.
Council of Ministers (CoM)
  • The Council of Ministers (COM) is the highest decision-making body in the government, headed by the Prime Minister.
  • According to the 91st Constitutional Amendment Act 2003, The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15 percent of the total strength of the Lok Sabha.
  • In India, the Council of Ministers is divided into the following levels:
    • Ministers are responsible for heading the ministries and departments of the Central government.
    • Ministers of State are those who may be given independent charge of specific departments or may assist cabinet ministers.
    • Deputy Ministers assist both cabinet ministers and ministers of state in their administrative, political, and parliamentary duties.
    • Additionally, the Prime Minister may suggest appointing a Deputy Prime Minister, usually for political reasons.
Constitutional provisions pertaining to the Council of Ministers(CoM)

Article 74

  • 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.
  • Advice tendered by Ministers to the President shall not be inquired into in any court.

Article 75

  • 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.
  • The Minister shall hold office during the pleasure of the President.
  • The Council of Ministers shall be collectively responsible to the House of the People.
  • Before a Minister enters his office, the President shall administer the oaths of office and secrecy according to the forms set out in the Third Schedule.
  • A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period, cease to be a Minister.
  • The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.

Article 77

  • All executive action of the Government of India shall be expressed to be taken in the name of the President.
  • Orders and other instruments made and executed in the name of the President shall be authenticated as may be specified in rules to be made by the President. The validity of an order or instrument so authenticated shall not be called into question on the ground that it is not an order or instrument made or executed by the President.
  • 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

  • It shall be the duty of the Prime Minister 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.
  • It shall be the duty of the Prime Minister to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
  • It shall be the duty of the Prime Minister, 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.

Article 88

  • Every Minister shall have the right to speak in and otherwise to take part in the proceedings of either House, any  joint sitting of the Houses, and any committee of Parliament, of which he may be named a member.