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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