Union_Cabinet

Union Council of Ministers

Union Council of Ministers

Executive authority in India


The Union Council of Ministers[1] is the principal executive organ of the Government of India, which functions as the senior decision-making body of the executive branch. It is chaired by the prime minister and consists of the heads of each of the executive government ministries. Currently, the council is headed by prime minister Narendra Modi and consists of 29 members, including the prime minister. The council is subject to the Parliament of India.

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A smaller executive body called the Union Cabinet is the supreme decision-making body in India; it is a subset of the Union Council of Ministers who hold important portfolios and ministries of the government.[2]

Regulation

Pursuant to Article 75(3), the Council of Ministers is responsible collectively to the lower house of the Indian parliament, called the Lok Sabha (House of the People).[3] When a bill introduced by a minister in the Lok Sabha is not approved by it, the entire council of ministers is responsible and not the minister. The council of ministers upon losing the confidence of Lok Sabha shall resign to facilitate the formation of a new government.

A minister shall take any decision without being considered by the council of ministers per Article 78(c). All union cabinet members shall submit in writing to the President to propose a proclamation of emergency by the president in accordance with Article 352.

According to the Constitution of India, the total number of ministers in the council of ministers must not exceed 15% of the total number of members of the Lok Sabha. Ministers must be members of parliament. Any minister who is not a member of either of the houses of the parliament for six consecutive months is automatically stripped off his or her ministerial post.[3]

Ranking

There are five categories of the council of ministers as given below, in descending order of rank:

  • Prime Minister: Leader of the Union Council of Ministers.
  • Deputy Prime Minister (if any): Presides as prime minister in his absence or as the senior most cabinet minister.[4]
  • Cabinet Minister: A member of the Union cabinet; leads a ministry.
  • Minister of State (Independent charge): Junior minister not reporting to a Cabinet Minister.
  • Minister of State (MoS): Deputy Minister reporting to a Cabinet Minister, usually tasked with a specific responsibility in that ministry.

Appointment

Pursuant to Article 75, a minister who works at the pleasure of the president, is appointed by the President on the advice of the Prime Minister. Since at least the turn of the millennia, evidence indicates that an MP's electoral performance enhances the likelihood of being granted a ministerial portfolio.[5]

Removal

  • Upon death.
  • Upon self resignation, or resignation or death of Prime Minister.
  • Upon dismissal by the President for minister's unconstitutional acts per Article 75(2).[6]
  • Upon direction from the Judiciary for committing violation of law.
  • Upon ceasing eligibility to be a member of Parliament.
  • Under the provision of "Collective Responsibility" under Article 75, the Prime Minister and the entire Council of Ministers resign if a Vote of No Confidence is passed in the Lower House (Lok Sabha) of the Indian Parliament.[7]

Council of Ministers in state governments

Every state in India is governed by its council of ministers with rules and procedures similar to the union council of ministers per Articles 163, 164 and 167(c).

In March 2020, the Supreme Court of India used its powers for the first time to do "complete justice" under Article 142 of the Indian Constitution to remove a minister functioning in the state of Manipur.[8]

Current Union Council of Ministers

Council portfolios are as follows:[9][10][11]

Cabinet Ministers

More information Portfolio, Minister ...

Ministers of State (Independent Charge)

Ministers of State

More information Portfolio, Minister ...

See also


References

  1. Article 58 of the Constitution of India
  2. Rajendran, S. (13 July 2012). "Of Deputy Chief Ministers and the Constitution". The Hindu. Bangalore. ISSN 0971-751X. OCLC 13119119. Archived from the original on 1 February 2018. Retrieved 7 March 2018.
  3. Ladwig III, Walter C. (23 December 2019). "Executive Particularism and Ministerial Selection in India". Legislative Studies Quarterly. 44 (4). Department of Political Science at Washington University in St. Louis: 469–493. doi:10.1111/lsq.12261. Archived from the original on 16 February 2020. Retrieved 21 January 2020.
  4. "Origin and Scope of Doctrine of Pleasure in India". Archived from the original on 26 April 2016. Retrieved 7 May 2016.
  5. "Supreme Court Invoked Special Powers to Remove a Minister". Drishti IAS. Archived from the original on 24 September 2020. Retrieved 1 October 2020.
  6. "Who Gets What: Cabinet Portfolios Announced. Full List Here". NDTV.com. Archived from the original on 31 May 2019. Retrieved 31 May 2019.
  7. "Cabinet reshuffle: Full list of ministers in Narendra Modi's government". 8 July 2021. Archived from the original on 8 July 2021. Retrieved 8 July 2021.
  8. "Press Comm Portfolio | Government Of India | Government". Scribd. Archived from the original on 7 July 2021. Retrieved 8 July 2021.
  9. "Kiren Rijiju Replaced As Law Minister, Shifted To Earth Sciences". NDTV.com. Archived from the original on 18 May 2023. Retrieved 18 May 2023.

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