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Home/UPSC CSE - Complete Course/Indian Polity & Constitution

Central Council of Ministers

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1. Constitutional Provisions (Articles 74 & 75)

Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice. The 42nd and 44th Amendment Acts made this advice binding on the President.

Article 75:

  • The PM shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the PM.
  • The total number of ministers, including the PM, shall not exceed 15% of the total strength of the Lok Sabha (added by the 91st Amendment Act, 2003).
  • A minister who is not a member of Parliament for any period of six consecutive months shall cease to be a minister.

2. Principles of Responsibility

  1. Collective Responsibility (Article 75(3)): The Council of Ministers is collectively responsible to the Lok Sabha. All ministers swim or sink together. If a no-confidence motion is passed by the Lok Sabha, all ministers (even those from Rajya Sabha) have to resign.
  2. Individual Responsibility (Article 75(2)): Ministers hold office during the pleasure of the President. The President can remove a minister even at a time when the CoM enjoys the confidence of the Lok Sabha, but only on the advice of the Prime Minister.
  3. No Legal Responsibility: Unlike Britain, there is no provision in the Constitution for the system of legal responsibility of a minister. An order of the President for a public act does not require countersignature of a minister.

3. Composition of the Council of Ministers

The Council of Ministers consists of three categories of ministers:

  1. Cabinet Ministers: Head important ministries (Home, Defence, Finance, External Affairs). They are members of the Cabinet, attend its meetings, and play a crucial role in deciding policies.
  2. Ministers of State: Can either be given independent charge of ministries/departments or can be attached to cabinet ministers. They are not members of the cabinet and do not attend cabinet meetings unless specially invited.
  3. Deputy Ministers: Attached to cabinet ministers or ministers of state to assist them in their administrative, political, and parliamentary duties. They do not attend cabinet meetings.