The Council of Ministers (CoM) is the highest decision-making body of the Government of India, headed by the Prime Minister. It plays a pivotal role in policy formulation, administration, and governance in India’s parliamentary democracy.
Constitutional Basis of Council of Ministers
The constitutional provisions for the Council of Ministers are primarily mentioned in Articles 74, 75, 77, 78, and 88 of the Indian Constitution:
Article | Provision |
Article 74 | Establishes a Council of Ministers with the Prime Minister at the head to aid and advise the President. Advice given by ministers cannot be questioned in any court. |
Article 75 | Covers appointment, tenure, collective responsibility, and salaries of ministers. Ministers are appointed by the President on the recommendation of the Prime Minister and hold office during the pleasure of the President. Collective responsibility to Lok Sabha is mandated. |
Article 77 | All executive actions of the Government of India are expressed in the name of the President. The President also makes rules for the convenient transaction of government business. |
Article 78 | The Prime Minister must communicate all decisions of the CoM to the President and furnish information regarding administration and legislative proposals. |
Article 88 | Every minister has the right to speak and participate in the proceedings of either House of Parliament, joint sittings, or committees they are part of. |
Composition of the Council of Ministers
The CoM consists of different levels of ministers, with the Prime Minister at its head:
- Cabinet Ministers – Senior ministers who hold major ministries such as Home, Finance, Defense, etc. They are part of the core decision-making body.
- Ministers of State – Junior ministers who may either:
- Have independent charge of specific departments, or
- Assist cabinet ministers in their duties.
- Deputy Ministers – Assist both Cabinet Ministers and Ministers of State in administrative, political, and parliamentary responsibilities.
- Deputy Prime Minister (optional) – Appointed mainly for political reasons, though not constitutionally mandated.
- 91st Constitutional Amendment (2003): Limits the total number of ministers in the Council of Ministers to 15% of the total strength of Lok Sabha.
Oath and Salary of Ministers
Oath
The President administers the oath of office and secrecy. Ministers swear to:
- Bear true faith and allegiance to the Constitution of India
- Uphold India’s sovereignty and integrity
- Faithfully discharge duties of office
- Act according to the law without fear, favour, affection, or ill will
Salary
- Determined by Parliament; includes perks similar to MPs.
- Additional privileges include sumptuary allowance, free housing, travel allowances, and medical facilities.
Responsibilities of the Council of Ministers
1. Collective Responsibility
- All ministers are jointly responsible to Lok Sabha.
- If a no-confidence motion is passed, the entire CoM must resign, including Rajya Sabha ministers.
- Cabinet decisions are binding on all ministers, even if they personally disagreed during meetings.
2. Individual Responsibility
- Ministers serve at the pleasure of the President.
- Can be removed by the President on the advice of the Prime Minister.
- Ensures accountability for individual performance and conduct.
3. Significance in Parliamentary Democracy
- Policy-making: Primary decision-making body for government policies.
- Implementation: Supervises execution of policies and allocation of resources.
- Leadership: Provides direction for government functioning under the Prime Minister.
- Accountability: Answerable to Parliament; must present legislation and policy decisions for approval.
- Confidence: Maintains support of Lok Sabha to stay in office.
Difference Between Council of Ministers and Cabinet
Council of Ministers (CoM) | Cabinet |
Consists of all ministers: Cabinet Ministers, Ministers of State, Ministers of State (Independent Charge), Deputy Ministers | Composed of Cabinet Ministers only |
Maximum strength: 15% of Lok Sabha | Generally 25–30 ministers |
Decision-making powers in theory; executes government business | Actual decision-making body; decisions are binding on all ministers |
Constitutional body | Core executive body formed from CoM decisions |
Led by Prime Minister | Led by Prime Minister; includes top ministries |
The CoM is the backbone of the Indian executive, enabling smooth administration and governance.
Operates under principles of collective and individual responsibility.
Acts as the link between President, Prime Minister, Parliament, and administration.
Constitutional safeguards ensure accountability and efficiency, while maintaining the parliamentary system.
Prelims Practice Questions
Q1. Which Article of the Constitution of India provides that the Council of Ministers shall aid and advise the President?
Answer: B) Article 74
Article 74 states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.
Q2. The maximum strength of the Council of Ministers, including the Prime Minister, is restricted to what percentage of the total strength of Lok Sabha?
Answer: B) 15%
As per the 91st Amendment Act, 2003, the total number of ministers cannot exceed 15% of the total strength of the Lok Sabha.
Q3. Which of the following principles ensures that all ministers of the Council of Ministers are jointly responsible to the Lok Sabha?
Answer: B) Collective Responsibility
Under Article 75(3), the Council of Ministers is collectively responsible to the Lok Sabha, ensuring unified accountability.
Q4. Who administers the oath of office and secrecy to the ministers of the Union?
Answer: C) President
The President administers the oath of office and secrecy to the Prime Minister and other ministers under Article 75(4).
Q5. A minister who ceases to be a member of either House of Parliament for six consecutive months must:
Answer: C) Cease to be a minister automatically
Under Article 75(5), a minister who is not a member of either House for six months ceases to be a minister automatically.
Q6. Which of the following is NOT a function of the Council of Ministers?
Answer: C) Conduct of elections
Elections are conducted by the Election Commission of India, not by the Council of Ministers.
Q7. The difference between Cabinet and Council of Ministers is that:
Answer: C) Cabinet decisions are binding on all ministers
The Cabinet is a smaller body of senior ministers whose decisions bind the entire Council of Ministers.
Mains Practice Questions
Q1. Explain the composition and structure of the Council of Ministers in India. How does the 91st Constitutional Amendment affect its size?
Q2. Discuss the principles of collective and individual responsibility of ministers in India. Why are these principles significant in a parliamentary democracy?
Q3. Analyse the role of the Council of Ministers in policy-making, implementation, and leadership in India. Illustrate with examples.
Q4. Differentiate between the Cabinet and the Council of Ministers in India. Why is the Cabinet considered the core decision-making body?
Q5. Examine the constitutional provisions related to the Council of Ministers, including Articles 74, 75, 77, and 78. How do these ensure the accountability of ministers?
Q6. Critically evaluate the significance of the Council of Ministers in maintaining the confidence of the Lok Sabha. What happens in case of a no-confidence motion?
Q7. Discuss the role of the Prime Minister in guiding and coordinating the Council of Ministers. How does this relationship affect the executive functioning of the government?
Council of Ministers (CoM) – UPSC FAQ Guide
What is the constitutional basis of the Council of Ministers in India?
The Council of Ministers (CoM) is provided under Articles 74, 75, 77, 78, and 88 of the Indian Constitution, establishing its structure, powers, and responsibilities.
How is the Council of Ministers different from the Cabinet?
The Council of Ministers includes all ministers (Cabinet, Ministers of State, Deputy Ministers), whereas the Cabinet is a smaller body of senior ministers who form the real decision-making core.
What is the principle of collective responsibility of the Council of Ministers?
Under Article 75(3), the CoM is collectively responsible to the Lok Sabha. If a no-confidence motion is passed, the entire council resigns, not just one minister.
What are the levels of ministers within the Council of Ministers?
The CoM is composed of Cabinet Ministers, Ministers of State (independent or assisting), Deputy Ministers, and optionally a Deputy Prime Minister for political reasons.
What is the significance of the Council of Ministers in India’s parliamentary democracy?
The CoM ensures policy-making, implementation, leadership, accountability to Parliament, and collective governance, making it the backbone of the executive.
