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3. to faithfully and conscientiously discharge the duties of his
office, and
4. to do right to all manner of people in accordance with the
Constitution and the law, without fear or favour, affection or
ill will.
In his oath of secrecy, the minister swears that he will not
directly or indirectly communicate or reveal to any person(s) any
matter that is brought under his consideration or becomes known
to him as a Union minister except as may be required for the due
discharge of his duties as such minister.
In 1990, the oath by Devi Lal as deputy prime minister was
challenged as being unconstitutional as the Constitution provides
only for the Prime Minister and ministers. The Supreme Court
upheld the oath as valid and stated that describing a person as
Deputy Prime Minister is descriptive only and such description
does not confer on him any powers of Prime Minister. It ruled that
the description of a minister as Deputy Prime Minister or any other
type of minister such as minister of state or deputy minister of
which there is no mention in the Constitution does not vitiate the
oath taken by him so long as the substantive part of the oath is
correct.
The salaries and allowances of ministers are determined by
Parliament from time to time.2 A minister gets the salary and
allowances that are payable to a member of Parliament.
Additionally, he gets a sumptuary allowance (according to his
rank), free accommodation, travelling allowance, medical facilities,
etc. In 2001, the sumptuary allowance for the prime minister was
RESPONSIBILITY OF MINISTERS
Collective Responsibility
The fundamental principle underlying the working of parliamentary
system of government is the principle of collective responsibility.
Article 75 clearly states that the council of ministers is collectively
responsible to the Lok Sabha. This means that all the ministers
own joint responsibility to the Lok Sabha for all their acts of
ommission and commission. They work as a team and swim or
sink together. When the Lok Sabha passes a no-confidence
motion against the council of ministers, all the ministers have to
resign including those ministers who are from the Rajya Sabha.3
Alternatively, the council of ministers can advise the president to
dissolve the Lok Sabha on the ground that the House does not
represent the views of the electorate faithfully and call for fresh
elections. The President may not oblige the council of ministers
that has lost the confidence of the Lok Sabha.
The principle of collective responsibility also means that the
Cabinet decisions bind all cabinet ministers (and other ministers)
even if they differed in the cabinet meeting. It is the duty of every
minister to stand by cabinet decisions and support them both
within and outside the Parliament. If any minister disagrees with a
cabinet decision and is not prepared to defend it, he must resign.
Several ministers have resigned in the past owing to their
differences with the cabinet. For example, Dr. B.R. Ambedkar
resigned because of his differences with his colleagues on the
Hindu Code Bill in 1953. C.D. Deshmukh resigned due to his
differences on the policy of reorganisation of states. Arif
Mohammed resigned due to his opposition to the Muslim Women
(Protection of Rights on Divorce) Act, 1986.
Individual Responsibility
Article 75 also contains the principle of individual responsibility. It
states that the ministers hold office during the pleasure of the
president, which means that the President can remove a minister
even at a time when the council of ministers enjoys the confidence
of the Lok Sabha. However, the President removes a minister only
on the advice of the Prime Minister. In case of a difference of
opinion or dissatisfaction with the performance of a minister, the
Prime Minister can ask him to resign or advice the President to
dismiss him. By exercising this power, the Prime Minister can
ensure the realisation of the rule of collective responsibility. In this
context, Dr. B.R. Ambedkar observed:
“Collective responsibility can be achieved only through the
instrumentality of the Prime Minister. Therefore, unless and
until we create that office and endow that office with statutory
authority to nominate and dismiss ministers, there can be no
collective responsibility.”4
No Legal Responsibility
In Britain, every order of the King for any public act is
countersigned by a minister. If the order is in violation of any law,
the minister would be held responsible and would be liable in the
court. The legally accepted phrase in Britain is, “The king can do
no wrong.” Hence, he cannot be sued in any court.
In India, on the other hand, there is no provision in the
Constitution for the system of legal responsibility of a minister. It is
not required that an order of the President for a public act should
be countersigned by a minister. Moreover, the courts are barred
from enquiring into the nature of advice rendered by the ministers
COMPOSITION OF THE COUNCIL OF MINISTERS
The council of ministers consists of three categories of ministers,
namely, cabinet ministers, ministers of state,5 and deputy
ministers. The difference between them lies in their respective
ranks, emoluments, and political importance. At the top of all
these ministers stands the Prime Minister–the supreme governing
authority of the country.
The cabinet ministers head the important ministries of the
Central government like home, defence, finance, external affairs
and so forth. They are members of the cabinet, attend its
meetings and play an important role in deciding policies. Thus,
their responsibilities extend over the entire gamut of Central
government.
The ministers of state can either be given independent charge
of ministries/ departments or can be attached to cabinet ministers.
In case of attachment, they may either be given the charge of
departments of the ministries headed by the cabinet ministers or
allotted specific items of work related to the ministries headed by
cabinet ministers. In both the cases, they work under the
supervision and guidance as well as under the overall charge and
responsibility of the cabinet ministers. In case of independent
charge, they perform the same functions and exercise the same
powers in relation to their ministries/departments as cabinet
ministers do. However, they are not members of the cabinet and
do not attend the cabinet meetings unless specially invited when
something related to their ministries/ departments are considered
by the cabinet.
Next in rank are the deputy ministers. They are not given
independent charge of ministries/departments. They are attached
to the cabinet ministers or ministers of state and assist them in
their administrative, political, and parliamentary duties. They are
not members of the cabinet and do not attend cabinet meetings.
It must also be mentioned here that there is one more category
of ministers, called parliamentary secretaries. They are the
members of the last category of the council of ministers (which is
also known as the ‘ministry’). They have no department under
their control. They are attached to the senior ministers and assist
them in the discharge of their parliamentary duties. However,
since 1967, no parliamentary secretaries have been appointed
except during the first phase of Rajiv Gandhi Government.
At times, the council of ministers may also include a deputy
prime minister. The deputy prime ministers are appointed mostly
COUNCIL OF MINISTERS VS CABINET
The words ‘council of ministers’ and ‘cabinet’ are often used
interchangeably though there is a definite distinction between
ROLE OF CABINET
1. It is the highest decision-making authority in our politico-
administrative system.
2. It is the chief policy formulating body of the Central
government.
3. It is the supreme executive authority of the Central
government.
4. It is chief coordinator of Central administration.
5. It is an advisory body to the president and its advice is
binding on him.
6. It is the chief crisis manager and thus deals with all
emergency situations.
7. It deals with all major legislative and financial matters.
8. It exercises control over higher appointments like
constitutional authorities and senior secretariat
administrators.
9. It deals with all foreign policies and foreign affairs.
Table 20.1 Distinction Between Council of Ministers and Cabinet
Council of ministers Cabinet
1. It is a wider body consisting 1. It is a smaller body
of 60 to 70 ministers. consisting of 15 to 20
ministers.
2. It includes all the three 2. It includes the cabinet
categories of ministers, that ministers only. Thus, it is a
is, cabinet ministers, part of the council of
ministers of state, and ministers.
deputy ministers.
3. It does not meet, as a body, 3. It meets, as a body,
to transact government frequently and usually once
business. It has no in a week to deliberate and
collective functions. take decisions regarding
the transaction of
government business.
Thus, it has collective
functions.
4. It is vested with all powers 4. It exercises, in practice, the
but in theory. powers of the council of
ministers and thus, acts for
the latter.
5. Its functions are 5. It directs the council of
determined by the cabinet. ministers by taking policy
decisions which are binding
on all ministers.
6. It implements the decisions 6. It supervises the
taken by the cabinet. implementation of its
decisions by the council of
ministers.
7. It is a constitutional body, 7. It was inserted in Article
dealt in detail by the 352 of the Constitution in
Articles 74 and 75 of the 1978 by the 44th
Constitution. Its size and Constitutional Amendment
classification are, however, Act. Thus, it did not find a
not mentioned in the place in the original text of
Constitution. Its size is the Constitution. Now also,
determined by the prime Article 352 only defines the
minister according to the cabinet saying that it is ‘the
exigencies of the time and council consisting of the
requirements of the prime minister and other
situation. Its classification ministers of cabinet rank
into a three-tier body is appointed under Article 75’
based on the conventions and does not describe its
of parliamentary powers and functions. In
government as developed other words, its role in our
in Britain. It has, however, politico-administrative
got a legislative sanction. system is based on the
Thus, the Salaries and conventions of
Allowances Act of 1952 parliamentary government
defines a ‘minister’ as a as developed in Britain.
‘member of the council of
name called, and includes
a deputy minister’.
8. It is collectively responsible 8. It enforces the collective
to the Lower House of the responsibility of the council
Parliament. of ministers to the Lower
House of Parliament.
ROLE DESCRIPTIONS
The various comments made by the eminent political scientists
and constitutional experts on the role of cabinet in Britain holds
good in the Indian context also. These are mentioned below.
Ramsay Muir
“The Cabinet is the steering wheel of the ship of the state.”
Lowell
“The Cabinet is the keystone of the political arch”.
Sir John Marriott
“The Cabinet is the pivot around which the whole political
machinery revolves”.
Gladstone
“The Cabinet is the solar orb around which the other bodies
revolve”.
Barker
“The Cabinet is the magnet of policy”.
Bagehot
“The Cabinet is a hyphen that joins, the buckle that binds the
executive and legislative departments together”.
Sir Ivor Jennings
“The Cabinet is the core of the British Constitutional System. It
provides unity to the British system of Government”.
L.S. Amery
“The Cabinet is the central directing instrument of Government”.
The position of the Cabinet in the British Government has
become so strong that Ramsay Muir referred to it as the
‘Dictatorship of the Cabinet’. In his book ‘How Britain is
Governed’, he writes “A body which wields such powers as these
may fairly be described as ‘omnipotent’ in theory, however,
incapable it may be of using its omnipotence. Its position,
whenever it commands a majority, is a dictatorship only qualified
by publicity. This dictatorship is far more absolute that it was two
generations ago”. The same description holds good in the Indian
KITCHEN CABINET
The cabinet, a small body consisting of the prime minister as its
head and some 15 to 20 most important ministers, is the highest
decision-making body in the formal sense. However, a still smaller
body called the ‘Inner Cabinet’ or ‘Kitchen Cabinet’ has become
the real centre of power. This informal body consists of the Prime
Minister and two to four influential colleagues in whom he has
faith and with whom he can discuss every problem. It advises the
prime minister on important political and administrative issues and
assists him in making crucial decisions. It is composed of not only
cabinet ministers but also outsiders like friends and family
members of the prime minister.
Every prime minister in India has had his ‘Inner Cabinet’–a
circle within a circle. During the era of Indira Gandhi, the ‘Inner
Cabinet’ which came to be called the ‘Kitchen Cabinet’ was
particularly powerful.
The prime ministers have resorted to the device of ‘inner
cabinet’ (extra-constitutional body) due to its merits, namely:
1. It being a small unit, is much more efficient decision-making
body than a large cabinet.
2. It can meet more often and deal with business much more
expeditiously than the large cabinet.
3. It helps the Prime Minister in maintaining secrecy in making
decisions on important political issues.
However, it has many demerits also. Thus,6
1. It reduces the authority and status of the cabinet as the
highest decision-making body.
2. It circumvents the legal process by allowing outside persons
to play an influential role in the government functioning.
The phenomenon of ‘kitchen cabinet’ (where decisions are
cooked and placed before the cabinet for formal approval) is not
unique to India. It also exists in USA and Britain and is quite
powerful in influencing government decisions there.
Article Subject Matter
No.
74. Council of Ministers to aid and advise President
75. Other provisions as to Ministers
77. Conduct of business of the Government of India
78. Duties of Prime Minister as respects the furnishing of
information to the President, etc.
88. Rights of Ministers as respects the Houses.
NOTES AND REFERENCES
1. This Article was amended by the 42nd Constitutional
Amendment Act of 1976 to the effect that the president
shall, in the exercise of his functions, act in accordance
with the advice rendered by the council of ministers.
The 44th Constitutional Amendment Act of 1978 further
added a proviso to this article to the effect that the
president may require the council of ministers to
reconsider such advice and the president shall act in
accordance with the advice tendered after such
reconsideration.
2. The Salaries and Allowances of Ministers Act, 1952,
has been passed for this purpose.
3. Each minister need not resign separately; the
resignation of the prime minister amounts to the
resignation of the entire council of ministers.
4. Constituent Assembly Debates, Volume VIII, p. 1160
5. In 1952, the minister of state was given the new
designation of ‘Minister of Cabinet Rank’. But in 1957,
the earlier designation was restored.
6. Avasthi and Avasthi, Indian Administration, Laksmi
Narain Agarwal, First Edition, 1993, p. 79.