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THE UNION COUNCIL OF MINISTERS

THE UNION COUNCIL OF MINISTERS

The Governance of the country is really vested in the Union Council of Ministers.

COMPOSITION OF THE COUNCIL MINISTERS

Under Article 75 of the Constitution, the President of India appoints the leader of the Majority party in the LOK SABHA as the Prime Minister of India. The other ministers are appointed by the President on the advice of the Prime Minister. The ministers hold office during the pleasure of the President. If a minister is not a member of the Parliament at the time of his appointment then he must be elected as a member of either House of the Parliament (LOK SABHA OR RAJYA SABHA) within a period of 6 months from the date of taking over charge as minister. If he cannot be a member of the Parliament within that period of time, he will cease to be a minister after the expiry of that period. The Council of Ministers has no fixed term. The members of the LOK SABHA by a majority vote may remove the ministry by passing a vote of ‘no confidence’. Thus, the future of the Union Council of Ministers depends on the support of the majority of the members of the LOK SABHA. The majority member can remove the Union Council of Ministers when they violate the Constitution.

The Constitution has not fixed the number of ministers to be appointed to the Council of Ministers. Moreover, the Constitution is also silent about the classification of the ministers. It is decided by the Prime Minister. At present, there are three categories of ministers in the Union Council of Ministers; 1) Cabinet Ministers, 2) Ministers of State and 3) Deputy Ministers.

The ministers of the Cabinet rank occupy the highest position in the Council of Ministers. The Ministers of State are next in the status. The Deputy Ministers are lower in rank than the Cabinet Ministers and Ministers of State.

It is mentioned under the 91st Amendment Act of the Indian Constitution, the total number of ministers in a state ministry on in the Union Council of Ministers (including the Chief Minister or the Prime Minister as the case may be) shall not be more than 15% of the member of LOWER HOUSE of the Legislature. But the strength of the ministry in a state shall not be less than 12 members.

Before a minister enters upon his office, the President administers to him the oaths of office and secrecy as laid down in the 3rd Schedule of the Constitution. The President of India distributes the Portfolios among the ministers. The President takes advice of the Prime Minister when he distributes the Portfolios among the ministers. The President may also make changes in the Portfolios. In general, the Cabinet Ministers are put in charge of the important Departments of the Government of India. The Deputy Ministers are not put in charge of any Department. The Deputy Ministers help the other ministers in their works and they are attached to the various ministers.


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