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Revision as of 14:03, 12 June 2021
Executive authority in India
The Union Council of Ministers exercises executive authority in the Republic of India. It consists of senior ministers, called 'cabinet ministers', junior ministers, called 'ministers of state' and, rarely, deputy ministers. The council is led by the Prime Minister of India.
A smaller executive body called the Union Cabinet is the supreme decision-making body in India. Only the prime minister and ministers of the rank of cabinet minister are members of the Union Cabinet in accordance with Article 75.
Regulation for minister
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). 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 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 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.
Ranking
There are five categories of the council of ministers as given below, in descending order of rank:
- Prime Minister: Leader of the executive of the Government of India.
- Deputy Prime Minister (if any) : presides as prime minister in his absence or as the senior most cabinet minister.
- Cabinet Minister: A member of the 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 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.
Removal
- Upon death.
- Upon self resignation
- Upon dismissal by the President for minister's unconstitutional acts per Article 75(2).
- 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.
Council of Ministers in state governments
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).
For the first time in March 2020, the Supreme Court of India used its powers to do "complete justice" under Article 142 of the Indian Constitution to remove a minister functioning in the state of Manipur.
Current Union Council of Ministers
Council portfolios are as follows:
Ministers of State (Independent Charge)
Ministers of State
See also
- Politics of India
- National Democratic Alliance
- Council of Ministers of Narendra Modi
- Template:Modi ministry
References
- ^ Wikisource:Constitution of India/Part V#Article 74 .7BCouncil of Ministers to aid and advise President.7D
- Wikisource: Constitution of India/Part XVIII
- 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.
- 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.
- "Origin and Scope of Doctrine of Pleasure in India". Archived from the original on 26 April 2016. Retrieved 7 May 2016.
- "Prime Minister & Council of Ministers - Election, Roles, Collective Responsibility - Indian Polity". BYJUS. Retrieved 1 October 2020.
- "Supreme Court Invoked Special Powers to Remove a Minister". Drishti IAS. Retrieved 1 October 2020.
- "Who Gets What: Cabinet Portfolios Announced. Full List Here". NDTV.com. Archived from the original on 31 May 2019. Retrieved 31 May 2019.
External links
- Union Council of Ministers at the National Portal of India
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