Council of Ministers (CoM) – Detailed Overview

1. Constitutional Position

Headed by: Prime Minister (Article 74).
Purpose: Aid and advise the President in exercise of executive powers.
Legal Status: CoM is the highest executive authority in the parliamentary system, accountable to Lok Sabha (Article 75).
Key Articles: 74, 75, 77, 78, 88.

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2. Composition and Classification

The Council of Ministers is hierarchically structured to ensure efficiency and accountability:

Type of Minister	Role & Functions
Cabinet Minister	Heads major ministries (Home, Defence, Finance). Part of the Cabinet, core decision-making body.
Minister of State (Independent Charge)	Heads smaller ministries independently. Reports directly to PM, not under any Cabinet Minister.
Minister of State (Attached)	Assists Cabinet Ministers in administrative and parliamentary duties.
Deputy Minister	Helps Cabinet and State Ministers; rarely used in modern times.
Deputy Prime Minister	Not constitutional; appointed for political stability or seniority considerations.

91st Constitutional Amendment (2003): Total ministers, including PM, cannot exceed 15% of Lok Sabha strength.

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3. Constitutional Provisions

Article	Provision
74	President acts on advice of CoM; advice cannot be questioned in court.
75	Appointment of PM and ministers; ministers hold office during President’s pleasure; collective responsibility to Lok Sabha.
77	All executive actions are taken in President’s name; rules for allocation of business.
78	PM must communicate CoM decisions to President; furnish information as requested.
88	Ministers have the right to speak and participate in either House and its committees.

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4. Oath and Salary

Oath (Third Schedule):

Bear true faith to the Constitution.
Uphold sovereignty and integrity of India.
Faithfully discharge duties and act without fear, favor, or ill will.

Salary & Allowances:

Determined by Parliament; includes perks, free accommodation, travel allowance, medical facilities, and sumptuary allowance.

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5. Principles Governing the Council

A. Collective Responsibility

All ministers jointly responsible to Lok Sabha (Article 75).
If no-confidence motion is passed, entire CoM must resign, including Rajya Sabha ministers.
Decisions taken in Cabinet meetings are binding on all ministers, even dissenters.

B. Individual Responsibility

Ministers hold office during President’s pleasure, removable on PM’s advice.
Ensures ministerial accountability for personal performance.

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6. Powers and Functions

Policy-making: Major decisions, policy directions, legislative agenda.
Implementation: Oversees ministries, allocates resources, monitors departments.
Legislative Liaison: Presents government bills, answers parliamentary questions.
Leadership: PM provides guidance; Cabinet makes binding decisions.
Confidence Maintenance: Must retain Lok Sabha support; key to parliamentary democracy.

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7. Council of Ministers vs Cabinet

Feature	Council of Ministers	Cabinet
Size	Includes all ministers (Cabinet + MoS + Deputy Ministers)	Only Cabinet Ministers (~25–30)
Powers	Theoretically supreme	Exercises CoM powers; decisions are binding
Decision-making	Not always binding	Core executive decisions finalized
Constitutional Status	Constitutional body	Created by convention; core decision-making

Note: Cabinet acts as executive authority within the CoM, deciding agenda, policies, and key appointments.

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8. Significance in Parliamentary Democracy

Ensures accountability to Lok Sabha.
Coordinates between President and government administration.
Policy coherence: Cabinet acts as a collective brain, minimizing individual arbitrariness.
Political stability: PM as leader ensures smooth governance and liaison with political parties.
Checks & Balances: CoM is a bridge between legislature, executive, and administration.

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9. Historical Notes

Deputy Ministers: Rare today; mostly used post-independence in initial cabinets.
Cabinet Committees: Established for efficient decision-making; subsets of Cabinet handle finance, security, and appointments.
44th Amendment (1978): Reinforced importance of collective responsibility and ensured that ministers act on PM’s advice.

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10. Key Takeaways

CoM is the engine of executive governance in India.
Collective and individual responsibility ensure both team and personal accountability.
PM is primus inter pares (first among equals).
The 91st Amendment ensures proportionate size, avoiding oversized ministries.
The Cabinet is functional core, while CoM is constitutional umbrella.