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Union Council of Ministers

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The Union Council of Ministers exercises executive authority in the Republic of India.[1] It consists of senior ministers, called 'cabinet ministers', junior ministers, called 'ministers of state' and, rarely, deputy ministers.

It is led by the prime minister. A smaller executive body called the Union Cabinet is the supreme decision-making body in India.[2] Only the prime minister and ministers of the rank of cabinet minister are members of Union Cabinet in accordance with Article 352.

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 People).[1] When a bill introduced by a minister in the Lok Sabha is not approved by it, entire council of ministers is responsible and not the minister. The council of ministers upon losing confidence of Lok Sabha shall resign to facilitate new government formation.

A minister shall not 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 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.[1]

Ranking

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

  • Prime minister
  • Deputy prime minister (if any); presides as prime minister in his absence or as the senior most cabinet minister. Usually the Deputy Prime minister is also the minister of Home Affairs. [3]
  • Cabinet minister: member of cabinet; leads a ministry.
  • Minister of state (independent charge): junior minister not reporting to a cabinet minister.
  • Minister of state (MoS): junior 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 president, is appointed by the president on the advice of the prime minister.

Removal

  • Upon self resignation
  • Upon dismissal by the President for minister's unconstitutional acts per Article 75(2).[4]
  • Upon direction from the Judiciary for committing violation of law.
  • Upon ceasing eligibility to be a member of Parliament.

Council of Ministers of a State

Every state in India is governed by its council of ministers with rules and procedures similar to union council of ministers per Articles 163, 164 and 167(c). There is no concept of cabinet rank minister in the council of ministers.

Current Union Council of Ministers

As a collective, each successive Council of Ministers is referred to as a cabinet. The current cabinet is led by Prime Minister Narendra Modi, who took office on 26 May 2014. Template:Modi ministry

See also

References

  1. ^ a b c Wikisource:Constitution of India/Part V#Article 74 .7BCouncil of Ministers to aid and advise President.7D
  2. ^ Wikisource:Constitution of India/Part XVIII
  3. ^ Rajendran, S. (13 July 2012). "Of Deputy Chief Ministers and the Constitution". The Hindu. Bangalore. ISSN 0971-751X. OCLC 13119119. Retrieved 7 March 2018.
  4. ^ "Origin and Scope of Doctrine of Pleasure in India". Retrieved 7 May 2016.

External links