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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. |
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