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Central Council of Ministers: Key- stone in Political Arch (Constitutional…
Central Council of Ministers: Key- stone in Political Arch
Constitutional Provisions
Article 74
There shall be a CoM with PM at it's helm to aid and advise President in the exercise of his duties.
The President in the exercise of his duties, can ask the CoM to reconsider such advise and if the CoM advises the President again, with of without re- consideration, then President shall exercise his duties, in accordance such advise tendered. This provision was added by 44th CAA, 1978.
Advise tendered by CoM to President is secretive in nature and can't be inquired in any court of law.
Article 75
PM shall be appointed by President and PM shall advise President for the appointment of CoM. PM and CoM stay in the office till the pleasure of the President (unless they enjoy majority in LS)
Total strength of CoM shall be 15% of strength of LS (91st CAA, 2003)
Any MP who has been held guilty of Defection under 10th Sch. can't be recommended for the ministerial berth (91st CAA, 2003)
CoM is collectively responsible to LS and if ruling party loses no- confidence motion, then all ministers of the council are removed prior to dissolution of LS
Article 77
The president can make laws for smooth transaction of business among the CoM and allocation of such business among the ministers in the councils.
Article 88
Any Minister of Council has the right to take part and speak in any house of parliament, joint sitting and parliamentary committee
But, a minister can only vote in the house in which he holds his membership.
Attributes
Headed by PM
CoM is the real executive authority
Only Article 74 and 75 deal with CoM in a broad sketchy manner
CoM exists even after dissolution of LS to aid and advise the President as per the provisions of Article 75.
Composition
Cabinet Ministers
They are senior- most ministers in CoM and are take part in cabinet meetings
They hold important portfolios and head important ministries
They carry the responsibility of entire gamut of Central Gov
Minister of State (I/C) or MoS (attached dept.)
They are similar to cabinet ministers if given I/C but don't take part in Cabinet meetings unless invited. Although, they head ministries independently.
MoS (attached dept.) work under the overall guidance of Cabinet Ministers and oversee attached departments in ministries
Deputy Ministers
They oversee smaller departments of various ministries and work under the overall guidance of Cabinet Ministers and MoS
Difference between Cabinet and CoM
Cabinet is smaller and CoM is bigger in size
Cabinet is nucleus of CoM and is highest executive body
Cabinet meets as a body on regular intervals and CoM doesn't meet as a body
Cabinet guides and monitors the functioning of CoM