Collective Governance at the Centre: How the Council of Ministers Wields Executive Power

Central Council of Ministers

India's Constitution establishes a parliamentary system modelled on the British pattern. Within this framework, the Council of Ministers (CoM) headed by the Prime Minister constitutes the real executive authority of the Union government. While the President is the constitutional head, it is the CoM that wields substantive power and exercises governmental functions on a day-to-day basis.

The principles of parliamentary government are not elaborated in detail in the Constitution. Instead, Articles 74 and 75 deal with the CoM in a broad and general manner. Additional provisions appear in Articles 77, 78, and 88.

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Article 74 — Council of Ministers to Aid and Advise the President

• The Constitution mandates a CoM with the PM at its head to aid and advise the President in the exercise of all his functions.
• The President is bound to act in accordance with the advice tendered by the CoM.
• The President may return the advice and ask the CoM to reconsider it. However, after such reconsideration, the President must act in accordance with the revised advice — he cannot override it a second time.
• The advice tendered by ministers to the President is not justiciable — no court can inquire into the nature or content of such advice.
• The 42nd Constitutional Amendment Act (1976) made the ministerial advice formally binding on the President.
• The 44th Constitutional Amendment Act (1978) added the proviso enabling the President to seek reconsideration once.

Key judicial interpretations:

• 1971 Supreme Court ruling: Even after the dissolution of the Lok Sabha, the CoM does not cease to exist. Article 74 is mandatory — the President cannot exercise executive power without the aid and advice of the CoM. Any exercise of executive power in the absence of such advice is unconstitutional.
• 1974 Supreme Court ruling: Wherever the Constitution refers to the "satisfaction of the President," it means the satisfaction of the CoM — not the President's personal satisfaction.

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Article 75 — Other Provisions Relating to Ministers

1. Appointment: The PM is appointed by the President. All other ministers are appointed by the President only on the PM's advice — the President has no independent discretion here.
2. Size cap: The total number of ministers, including the PM, shall not exceed 15% of the total strength of the Lok Sabha. (Added by the 91st Amendment Act, 2003)
3. Anti-defection bar: A member of Parliament who has been disqualified on grounds of defection is also disqualified from being appointed as a minister. (Added by the 91st Amendment Act, 2003)
4. Pleasure doctrine: Ministers hold office during the pleasure of the President — they can be removed at any time. In practice, the President acts only on the PM's advice.
5. Collective responsibility: The CoM is collectively responsible to the Lok Sabha.
6. Oath: The President administers the oaths of office and secrecy to each minister.
7. Parliamentary membership requirement: A minister who is not a member of either House of Parliament for any six consecutive months ceases to hold ministerial office.
8. Salaries: The salaries and allowances of ministers are determined by Parliament (governed by the Salaries and Allowances of Ministers Act, 1952).

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Article 77 — Conduct of Government Business

• All executive action of the Government of India must be expressed as taken in the name of the President.
• Orders and instruments made in the President's name are authenticated in the manner prescribed by the President's rules — their validity cannot be questioned merely on the ground that they were not personally made or executed by the President.
• The President makes rules for convenient transaction of government business and for allocating business among ministers.

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Article 78 — Duties of the Prime Minister

The PM is constitutionally obligated to:

1. Communicate to the President all decisions of the CoM relating to Union administration and proposals for legislation.
2. Furnish such information on administration and legislative proposals as the President may call for.
3. If the President so requires, submit before the full CoM any matter on which a minister has taken a decision individually but which the CoM as a whole has not yet considered.

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Article 88 — Rights of Ministers in Parliament

• Every minister has the right to speak and participate in the proceedings of either House, any joint sitting, and any Parliamentary committee of which he is a member.
• However, a minister can vote only in the House of which he is a member — not in both Houses.

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• The PM is appointed by the President.
• All other ministers are appointed by the President solely on the recommendation of the PM.
• Typically, members of Lok Sabha or Rajya Sabha are appointed as ministers.
• A non-member of Parliament may also be appointed as a minister, but must secure membership (by election or nomination) of either House within six months; failing this, he ceases to be a minister.
• A minister who belongs to one House may participate in proceedings of the other House as well, but his voting right remains confined to his own House.

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Oath of Office

Each minister, before entering upon office, takes an oath of office in which he swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To faithfully and conscientiously discharge the duties of his office.
4. To do right to all people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

Oath of Secrecy

The minister swears that he will not directly or indirectly disclose or communicate to any person any matter that comes to his knowledge as a Union minister, except as required for the proper discharge of his official duties.

Devi Lal Case (1990)

The oath administered to Devi Lal as Deputy Prime Minister was challenged as unconstitutional because the Constitution mentions only the PM and ministers — not a Deputy PM. The Supreme Court upheld the oath as valid, ruling that the designation "Deputy Prime Minister" is merely descriptive and does not confer the powers of the PM on the holder. Designations such as Deputy PM, Minister of State, or Deputy Minister — none of which are mentioned in the Constitution — do not invalidate the oath as long as the substantive part of the oath is correctly administered.

Salary

• Determined by Parliament under the Salaries and Allowances of Ministers Act, 1952.
• A minister receives the salary and allowances payable to a Member of Parliament, plus a sumptuary allowance (rank-dependent), free accommodation, travelling allowance, and medical facilities.

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Collective Responsibility

This is the cornerstone principle of the parliamentary system. Article 75 expressly provides that the CoM is collectively responsible to the Lok Sabha.

• All ministers are jointly accountable for every act of omission and commission of the government — they stand and fall together.
• When the Lok Sabha passes a no-confidence motion against the CoM, every minister must resign, including those who are members of the Rajya Sabha. (The PM's resignation automatically amounts to the resignation of the entire CoM.)
• Alternatively, the CoM may advise the President to dissolve the Lok Sabha and call for fresh elections. The President, however, may decline if the CoM has already lost the confidence of the House.
• Cabinet decisions are binding on all ministers, including those who may have disagreed during the cabinet meeting. Any minister who is unwilling to defend a cabinet decision must resign.
• Historical examples of resignation on principle:
  • Dr B R Ambedkar resigned in 1953 due to disagreement over the Hindu Code Bill.
  • C D Deshmukh resigned over the policy of reorganisation of states.
  • Arif Mohammed Khan resigned in 1986 over the Muslim Women (Protection of Rights on Divorce) Act.

Individual Responsibility

• Article 75 states that ministers hold office during the pleasure of the President, meaning a minister can be removed even when the CoM as a whole enjoys the confidence of the Lok Sabha.
• In practice, the President acts on the PM's advice — the PM can ask a minister to resign or advise the President to dismiss him.
• This power enables the PM to enforce collective responsibility within the CoM.
• Dr Ambedkar's observation: "Collective responsibility can be achieved only through the instrumentality of the Prime Minister. Therefore, unless and until we create that office and endow that office with statutory authority to nominate and dismiss ministers, there can be no collective responsibility."

No Legal Responsibility

• In Britain: Every royal order for a public act must be countersigned by a minister, who bears legal responsibility if the order violates any law. The principle is: "The King can do no wrong."
• In India: There is no corresponding provision. Presidential orders for public acts do not require ministerial countersignature. Courts are barred from examining the nature of advice given by ministers to the President — hence, legal accountability through this route does not exist.

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The CoM comprises three tiers:

1. Cabinet Ministers

• Head the major ministries (Home, Defence, Finance, External Affairs, etc.).
• Are full members of the Cabinet.
• Attend Cabinet meetings and play a decisive role in policy formulation.
• Their responsibilities span the full range of Central government functions.

2. Ministers of State

• May be granted independent charge of a ministry/department, in which case they function with the same powers as Cabinet Ministers in respect of that ministry/department.
• Alternatively, may be attached to a Cabinet Minister — given charge of specific departments or items of work within the senior minister's ministry; work under the supervision and overall responsibility of the Cabinet Minister.
• Not members of the Cabinet — do not attend Cabinet meetings unless specially invited on matters related to their portfolios.

3. Deputy Ministers

• Not assigned independent charge of any ministry or department.
• Attached to Cabinet Ministers or Ministers of State to assist in administrative, political, and parliamentary duties.
• Not members of the Cabinet; do not attend Cabinet meetings.

Parliamentary Secretaries

• The fourth and lowest category within the broader "ministry."
• Have no department under their control.
• Assist senior ministers with parliamentary duties.
• Since 1967, no parliamentary secretaries have been appointed at the Union level, except during the first phase of the Rajiv Gandhi government.

Deputy Prime Minister

• Appointed primarily for political reasons.
• The Constitution does not provide for this office — it is an extra-constitutional designation.
• Constitutionally valid as a descriptive title (confirmed by the Supreme Court in the Devi Lal case, 1990).

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Key point: The size and three-tier structure of the CoM are not spelled out in the Constitution. The PM determines size based on situational needs; the three-tier classification follows British parliamentary conventions.

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The Cabinet occupies the apex of India's executive structure. Its key roles include:

1. Supreme decision-making authority in the politico-administrative system.
2. Chief policy formulating body of the Central government.
3. Highest executive authority of the Central government.
4. Chief coordinator of Central administration.
5. Advisory body to the President — its advice is constitutionally binding.
6. Crisis management — handles all emergency situations.
7. Deals with major legislative and financial matters.
8. Controls higher appointments — constitutional authorities and senior secretariat administrators.
9. Handles all matters of foreign policy and external affairs.

How Scholars Have Described the Cabinet

• Ramsay Muir: "The Cabinet is the steering wheel of the ship of the state." He also termed it the "Dictatorship of the Cabinet" — noting its position as virtually omnipotent whenever it commands a parliamentary majority.
• Lowell: "The Cabinet is the keystone of the political arch."
• Sir John Marriott: "The Cabinet is the pivot around which the whole political machinery revolves."
• Gladstone: "The Cabinet is the solar orb around which the other bodies revolve."
• Bagehot: "The Cabinet is a hyphen that joins, the buckle that binds the executive and legislative departments together."
• Sir Ivor Jennings: "The Cabinet is the core of the British Constitutional System."
• L.S. Amery: "The Cabinet is the central directing instrument of Government."

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Beyond the formal Cabinet lies an informal but often more influential body — the Kitchen Cabinet (also called the Inner Cabinet).

• Consists of the PM and typically 2–4 trusted colleagues.
• May include outsiders — friends, advisors, family members of the PM — not formally part of the government.
• Advises the PM on critical political and administrative decisions before they are placed before the formal Cabinet.
• Decisions are effectively "cooked" in the Kitchen Cabinet and then placed before the full Cabinet for formal ratification.

Historical Context

Every PM in India has had some version of an Inner Cabinet. During Indira Gandhi's tenure, the Kitchen Cabinet became particularly prominent and powerful.

The Kitchen Cabinet is not an Indian anomaly — it exists in the USA and Britain as well.

Merits

• Small size makes it a more efficient decision-making body.
• Can meet more frequently and handle urgent matters more swiftly.
• Facilitates confidentiality on sensitive political matters.

Demerits

• Diminishes the formal authority and status of the Cabinet.
• Allows persons outside the constitutional framework — including non-officials — to influence governance, thereby circumventing legal accountability.

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• The 42nd Amendment made ministerial advice binding; the 44th Amendment added the reconsideration clause.
• The 91st Amendment (2003) imposed the 15% cap on the size of the CoM and barred defectors from ministerial office.
• The Cabinet was first inserted into the Constitution (in Article 352) only by the 44th Amendment (1978) — it was absent from the original Constitution.
• Ministers of State with independent charge are functionally equivalent to Cabinet Ministers but are not Cabinet members.
• A no-confidence motion against the CoM requires all ministers to resign — including those from the Rajya Sabha.
• No legal responsibility of ministers exists in India — contrasted with Britain where the countersignature convention applies.
• The Kitchen Cabinet is extra-constitutional and informal; its influence is based purely on the PM's personal trust.