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CENTRAL COUNCIL OF MINISTER - Coggle Diagram
CENTRAL COUNCIL OF MINISTER
CONSTITUTIONAL PROVISION
ARTICLE 74
COM with PM as head - appointed by president / by aid & advice to president - non justifiable in any court of law.
ARTICLE 75
Minister not MP - maximum 6 months
Collectively responsibility - LS
Minister’s hold office on president pleasure
Strength of COM - not exceeding 15% of total strength of LS [91st CAA, 2003]
Members disqualified under defection cannot be minister - 91st CAA, 2003
Salary & Allowances - Parliament
PM & COM appointment - by president
Oath - president
ARTICLE 77
Conduct of business of GOI
All executive action in president’s name
Authentication rules - made by president
ROPFTOB & it’s allocation - President / president creates ministries & department on PM advice
ARTICLE 78
Duties of PM
Communicate decisions of COM to president
Furnish information to president.
Submit president’s consideration to COM
ARTICLE 88
Rights of ministers as respects to houses
Right to speak, take part but voting right only in respective house '
NATURE OF ADVICE OF COM
Advice binding on President - 42nd & 44th CAA
Cannot be enquired in any court - intimate & confidential relationship between COM & president
Dissolution of LS - COM do not cease (SC, 1971)
1974 - SC wherever the COI requires the satisfaction of president, it is not his personal satisfaction rather it’s of COM
APPOINTMENT [75]
On PM advice / by president
MP of either house - if not a member then must become member within 6 months - elected or nominated - if cannot then ceases to be minister
Can take part in either house but voting power only own house
OATH [75]
By President
Oath of Dy. PM - not MIC but SC upheld such oath - Devi Lal case, 1990
SALARY [75]
By Parliament - as an MP
Parliament enacted - Salaries & Allowances of Ministers Act, 1952
RESPONSIBILITY OF MINISTER
Collective responsibility [75]
to LS / NCM against COM in LS - all ministers resign both from LS & RS / LS can ask president to dissolve the LS but president is not bound to follow / support cabinet decisions, if any minister disagree such decision must resign - BR Ambedkar, CD Deshmukh & Arif Mohammed
fundamental parliamentary principles
Individual Responsibilty [75]
office on president's pleasure / removal on PM advice / principle of collectiveness
No legal responsibility
No countersigning of laws / courts barred from enquiry into advice of COM to president
COMPOSITION OF COM
MOS
independent charge or attached to cabinet or specific works / don't attend cabinet meetings unless invited
Dy Minister
No independent charge /attached to Cabinet & MOS - assist them / do not attend cabinet meetings
Cabinet
important ministries / responsibility of entire central government
PS
Also called Ministry / no department - attached to senior ministers to assist them in parliamentary duties
Dy PM
Mostly for political reason
ROLE OF CABINET
Chief Co-ordinator
Advisory body - president
Supreme executive authority
Chief crisis manager
Chief policy formulator
Chief decision making body
legislative & financial matters
Control over higher Appointments
Foreign affairs & policy
KICTHEN CABINET
Real centre of power
informal body by PM
Nature - advisory
Composition - Cabinet + outsider
Extra-constitutional body - inner cabinet
Started - Indira Gandhi