Central Council Of Ministers
The most important part of the Union executive is the Council of Ministers. The Council of Ministers is the real executive and makes use of all the powers vested in the President by the Constitution.
Formation of the Council of Ministers
Article 74 of the Constitution stipulates that there shall be a Council of Ministers. That there shall be Council of Ministers has to be understood to mean that it shall always be there. The Constitution does not envisage a situation where there will be no Prime Minister or Council of Ministers.
Manner of appointment
According to the provisions of Article 75, the formation of the Council of Ministers starts with the appointment of the Prime Minister by the President. The first step in the Council of Ministers is to find a Prime Minister. He must be a person who can secure colleagues and, with his colleagues, he must be sure of the support of the House of the People. The President on the advice of the Prime Minister appoints the other members of the Council of Ministers. Article 75 also prescribes that every incumbent to the Council of Ministers has to be administered an oath of office by the President according to the forms set out for the purpose in the third schedule.
Technically, the Ministers hold office during the pleasure of the President (Article 75{2}). However, practically it means that they hold office during the pleasure of the Prime Minister. The President on the advice of the Prime Minister can dismiss an individual Minister. If the Prime Minister is unhappy or dissatisfied with any Minister he can advise him to resign, advise the President to dismiss him or tender the resignation of his Council of Ministers and then reconstitute it after deleting the name of the Minister in question.
The Constitution prescribes only one condition for a person occupying a berth in the Ministry and that is he should be a Member of Parliament (Article 75(5) ). Under our Constitution, there is no bar to the appointment of a person from outside the legislature as a Minister. But he cannot. continue as Minister for more than six months unless he secures a seat in either House of Parliament (by election or nomination as the case may be).
The formation of the Council of Ministers is the prerogative of the Prime Minister and the choice of Ministers is essentially his as long as he becomes a member of either House of Parliament within the stipulated period. The number of members of the Council of Ministers was not specified in the original Constitution, ( Ninety-first Amendment) Act 2003 laid down that the total number of Ministers including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total number of members of the House of people.
Classification of Members
The Constitution does not classify the members of the Council of Ministers into different ranks. All this has been done informally following the English practice.
Prime Minister
At the apex of the Council of Ministers is the Prime Minister.
Deputy Prime Minister
The office of the Deputy Prime Minister does not exist in the usual classification. It has been included in the hierarchy due to political exigencies.
Cabinet Ministers
Next in the hierarchy are the Cabinet Ministers. They are the senior-most members of the Council and certainly the most influential. They together with the Prime Minister. decide all the policy matters of national governance. These Ministers hold most of the important portfolios like those of Defence, External Affairs, Home, Commerce, Petroleum, Railways, Atomic. Energy, etc. These ministers are not merely the political chiefs of ministries and departments, but their responsibilities transcend departmental boundaries into the entire field of the administration.
The Constitution does not specifically define the word Cabinet Minister. A mention of Ministers of Cabinet Rank is made only with reference to Article 352. It states that “the President shall not issue a proclamation of emergency on the grounds of a threat to the security of India by war or external aggression unless it is the decision of the Union Cabinet”.
Minister of State
Next in the hierarchy are the Ministers of State. The position of the Minister of State can take any of the following forms: a) Minister of State as head of a ministry: A minister of state can be given independent charge of a ministry. If he is in the independent charge of a ministry, he performs the same functions and exercises the same powers in relation to his ministry as a cabinet minister. b) Minister of State attached to a Cabinet Minister: If on the other hand, he is attached to a cabinet minister, his responsibility may take one of the two forms:
He may be given charge of a department which forms part of the portfolio of the cabinet minister, where he performs all the functions and exercises all the powers of an à cabinet minister in relation to that department, subject of course to the overall responsibility of the latter and his supervision and guidance. ii) He may assist a cabinet minister by being placed in charge of specific items of work in the latter’s portfolio, where he exercises all the powers of the cabinet minister in relation to these specified items) subject again to the overriding responsibility of the latter.
Deputy Ministers
The Deputy Ministers are junior ministers in the hierarchy. They are never in charge of a ministry. They are attached to a cabinet minister and perform only such functions as may be assigned to him. The deputy ministers do not have specified responsibility, but are practically apprentices for the eventual appointment as ministers of state. This ránk serves as a training ground for a member who is yet to prove himself.
Functions of a Deputy Minister
To answer questions in Parliament on behalf of the Minister and assist in piloting Bills.
To explain policies and programmes to the general public and maintain liaison with Members of Parliament, political parties and the press; and To undertake a special study or investigation of particular problems which are entrusted to him by the Minister.
Parliamentary Secretaries
At the bottom of the hierarchy are the Parliamentary secretaries. They assist their political superior in their parliamentary functions, which include a collection of relevant facts, and information that would help the Minister in his answerability to Parliament. The institution of Parliamentary Secretary is a British legacy and has not found favour in India, Since 1977, there have been no Parliamentary Secretaries, in Central Government.
Check out these notes on Responsibilities and Powers Of Central Council Of Ministers.