Q. Consider the following statements:
- The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
- The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: (b) 2 only
Notes:
- There is no classification in the Constitution of India for the Council of Ministers. Article 74 provides that 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.
- The classification into Cabinet Minister, Minister of State with Independent Charge, Minister of State, and Deputy Minister is more of a convention that has developed through practice within the parliamentary system of government. It is not specified in the Constitution itself. The Constitution does mention the Council of Ministers and their responsibility to aid and advise the President, but it does not go into the specifics of the different ranks.
- As mentioned in the Rules of Procedure and Conduct of Business in Lok Sabha – “Minister” means a member of the Council of Ministers (and includes a member of the Cabinet), a Minister of State, a Deputy Minister or a Parliamentary Secretary.
- The Council of Ministers consists of Cabinet Ministers, Deputy Ministers, and Ministers of State.
- The word cabinet appears only once in our Indian constitution, in Article 352 (3).
- The classification into Cabinet Minister, Minister of State with Independent Charge, Minister of State, and Deputy Minister is more of a convention that has developed through practice within the parliamentary system of government. It is not specified in the Constitution itself. The Constitution does mention the Council of Ministers and their responsibility to aid and advise the President, but it does not go into the specifics of the different ranks.
- The Constitution (91st Amendment) Act, 2003 made Amendment in the Article 75. According to this amendment, the total number of ministers, including the Prime Minister, in the COM shall not exceed 15% of the total strength of the Lok Sabha.
- This is mentioned in Article 75(1A) of the Constitution. The purpose of this amendment was to prevent an excessively large number of ministers in the government, which could lead to an unnecessary burden on the public exchequer and could also be seen as a means to create political patronage.
The Council of Ministers:
- Cabinet Ministers – Many senior ministers occupy significant responsibilities like defence, home affairs, and education in the cabinet. A member of the executive branch of a government who has been nominated to the cabinet, which is made up of the prime minister’s top policymakers, advisers, and overseers of government ministries.
- Deputy Ministers – A deputy minister works “under” a minister, who is a full member of the Cabinet and is in charge of a specific standing policy portfolio, as well as overseeing a connected civil service department.
- Minister of State – A Minister of State is a junior minister in the Union Government’s Council of Ministers who may assist a cabinet minister or have independent charge of a ministry.