Central Council of Ministers
- Parliamentary System is based on British pattern
- Article 74 : Council of Ministers to aid President
- Deals with the status of Council of Ministers
- There shall be Council of Ministers with PM at head to aid and advice the President
- President shall act in accordance with such advice
- Advice shall not be inquired into any court
- Article 75 : Other Provisions as to Ministers
- Deals with appointment, qualification, tenure, oath, salaries of ministers
- PM appointed by President
- Other ministers by President on advice of PM
- Total Ministers = 15% strength of LS (including PM) given in 91st CAA
- Member disqualified can’t become Minister (91st CAA)
- Minister hold office in pleasure of President
- CoM is collectively responsible to Lok Sabha
- Salary and Allowances declared by Parliament
- A person not a member of either of house of Parliament, if appointed as Minister for 6 months
- Should become member within 6 months
- Article 77 : Conduct of Business of Government of India
- All executive actions in name of President
- President shall make rules for more convenient transactions of business of GOI
- Orders and other instruments made and executed in name of Presidents shall be authenticated
- Validity of order shall not be questioned on ground that it is not made by President
- Article 78 : Duties of PM
- Communicate all decision of CoM
- Furnish such information related to administration as President may call for
- Advise President on important appointments
- Article 88 : Rights of Ministers respect to House
- Every minister shall have right to speak and take part in proceedings in either house, Joint sitting, any committee of Parliament
- But can’t vote in other one
- Nature of Advice
- Advice of CoM is binding on President
- Can’t be inquired into any court
- Even after dissolution of Lok Sabha, CoM doesn’t cease to hold office
- President can’t exercise Executive power without advice of CoM
- Appointment of Ministers
- Ministers are appointed by President on advice of PM
- Oath
- To bear true faith and allegiance to the Constitution
- To uphold the Sovereignty and Integrity of India
- No unity
- To faithfully discharge the duties of his House
- To do right to all manner of people in accordance with the Constitution and law without fear
- Oath of Secrecy
- Responsibility
- Collective
- Article 75 says CoM is collectively responsible to Lok Sabha
- Individual
- No legal
Cabinet
- Higher decision making body
- Chief policy formulating
- Supreme executive authority
- Chief crisis manager
- All major legislative and financial matters
- Control over higher appointments
Kitchen Cabinet
- Informal body : PM and 2-4 influential colleagues
- To advise PM
- It can compose outsiders like friends and family
- More efficient decision making body
- Reduces authority of cabinet
- Exist in USA and Britain