Union Council of Ministers (CoM) 

• It is the real executive authority under the Parliamentary system of government in India.
• Functions as the principal advisory body to the President, the nominal head.
• Responsible for policy formulation, decision-making, and implementation.
  

Constitutional Provisions

• Article 74: CoM with PM at the head to aid and advise the President; President must act on reconsidered advice.
• Article 75: Covers appointment, tenure, responsibilities, disqualifications, oath, and salary of ministers.
• Article 77: Executive actions taken in the name of the President; authentication of orders.
• Article 78: PM’s duty to inform and submit matters to the President.
• Article 88: Right of ministers to speak in both Houses and Committees but vote only in their House.
  

Composition of CoM

• Prime Minister (Head of CoM)
• Cabinet Ministers: Senior-most; head key ministries like Finance, Defence, etc.
• Ministers of State (MoS):
  • With independent charge or
  • Attached to Cabinet Ministers
• Deputy Ministers: Assist Cabinet and MoS; no independent charge.
• Parliamentary Secretaries:
  • Appointed by PM.
  • Not part of CoM.
  • Help senior ministers; no department under them.
    

Appointment

• PM: Appointed by the President.
• Other Ministers: Appointed by President on PM’s advice.
• A non-MP can be a minister but must become an MP within 6 months, or else ceases to be a minister.
  

Oath & Affirmation

• Administered by the President.
• Oath of Office: Faithful discharge, allegiance to Constitution, justice to all.
• Oath of Secrecy: No unauthorized disclosure of official matters.
  

Salaries & Allowances

• Fixed by Parliament.
• Equal to that of an MP, plus sumptuary allowance, residence, travel, and medical facilities.
  

Role and Functions of CoM

• Chief policy-making and executive authority.
• Coordinates central administration.
• Advises President.
• Handles legislative, financial, and foreign affairs.
• Manages crises at the national level.
• Controls major appointments.
  

Ministerial Responsibility

1. Collective Responsibility (Art. 75):
   • Entire CoM is responsible to Lok Sabha.
   • If No-Confidence Motion is passed, entire CoM including RS ministers must resign.
   • Cabinet decisions bind all ministers – dissenting ministers must resign.
     
2. Individual Responsibility (Art. 75):
   • Ministers hold office during the pleasure of the President.
   • President acts on PM’s advice to remove a minister.
     
3. No Legal Responsibility:
   • Unlike Britain, India has no provision for legal accountability or counter-signature by ministers.
     

Nature of Advice

• 42nd Amendment (1976): Presidential action must follow CoM’s advice.
• 44th Amendment (1978): President may ask for reconsideration once; final advice is binding.
• Judicial Immunity: Advice cannot be questioned in court.

CoM vs Cabinet

Feature	Council of Ministers	Cabinet
Size	~60-70 members	~15-20 members
Composition	Cabinet, MoS, Deputy Ministers	Only Cabinet Ministers
Meetings	Does not meet as a body	Meets regularly
Powers	Theoretical	Exercises real powers
Function	Implements Cabinet decisions	Makes binding decisions
Accountability	To Lok Sabha	Ensures CoM’s collective responsibility

Kitchen Cabinet

• Informal group of PM and close confidants (friends/family/senior ministers).
• Merits: Quick decisions, efficiency, secrecy.
• Demerits: Undermines Cabinet, bypasses legal channels, non-elected individuals may gain undue influence.