Anand Classes presents detailed Council of Ministers in India (Articles 74 and 75) Polity Notes for NDA GAT, covering complete theory, frequently asked questions (FAQs), and multiple-choice questions (MCQs). These notes explain the constitutional provisions, composition, powers, and functions of the Council of Ministers in a clear and exam-focused manner, helping aspirants strengthen their NDA preparation. Click the print button to download study material and notes.
Council of Ministers in India – Complete UPSC NDA Study Guide
The Council of Ministers forms the core of India’s parliamentary executive system and represents the real executive power in the country. Unlike the President who serves as the nominal executive, the Council of Ministers, headed by the Prime Minister, exercises actual administrative authority and is responsible for day-to-day governance.
The Council of Ministers is constituted immediately after the Prime Minister is sworn in and operates under the principle of collective responsibility to the Lok Sabha. This system ensures democratic accountability while maintaining executive efficiency in India’s parliamentary democracy.
Understanding the structure, composition, and functioning of the Council of Ministers is crucial for UPSC NDA aspirants as it represents a fundamental component of Indian polity and appears frequently in competitive examinations.
Constitutional Framework (Articles 74 and 75) of Council of Ministers
The Council of Ministers derives its authority from Articles 74 and 75 of the Indian Constitution, which establish the framework for executive governance in India’s parliamentary system.
Key Constitutional Provisions:
- Article 74: Council of Ministers to aid and advise the President
- Article 75: Appointment, tenure, and responsibilities of Ministers
- Article 75(1A): Size limitation introduced by 91st Constitutional Amendment Act, 2003
- Article 164: Similar provisions for states
The 91st Constitutional Amendment Act, 2003 introduced significant reforms by capping the size of the Council of Ministers and addressing issues of political defection and instability.
Formation and Composition of Council of Ministers
Formation Process
The Council of Ministers is formed through the following constitutional process:
- Prime Minister Selection: President appoints the leader of majority party/coalition
- Swearing-in: Prime Minister takes oath before the President
- Minister Selection: Prime Minister selects other ministers
- Presidential Appointment: President formally appoints ministers on PM’s advice
- Oath Ceremony: All ministers take oath of office and secrecy
Size Limitation (Article 75(1A))
The 91st Constitutional Amendment Act, 2003 imposed crucial restrictions:
- Maximum Strength: Cannot exceed 15% of total strength of Lok Sabha
- Current Limit: With 543 elected members in Lok Sabha, maximum 81 ministers allowed
- Rationale: Prevent oversized governments and reduce fiscal burden
- Application: Applies to both Union and State governments
Formula for Calculation:
Maximum Ministers = (Total Lok Sabha Strength × 15) ÷ 100
Example: (543 × 15) ÷ 100 = 81.45 ≈ 81 ministers maximum
Categories of Ministers
The Council of Ministers consists of three distinct categories, each with specific roles and responsibilities:
1. Cabinet Ministers
Definition: Senior-most ministers who head important ministries and form the Cabinet.
Key Characteristics:
- Portfolio Responsibility: Handle crucial ministries like Defence, Home, Finance, External Affairs
- Policy Making: Real policy makers and decision-makers
- Cabinet Meetings: Only Cabinet Ministers attend Cabinet meetings
- Collective Responsibility: Share collective responsibility for all government decisions
- Parliamentary Leadership: Lead government business in Parliament
- Administrative Control: Exercise direct control over their ministries
Important Ministries typically held by Cabinet Ministers:
- Ministry of Defence
- Ministry of Home Affairs
- Ministry of External Affairs
- Ministry of Finance
- Ministry of Law and Justice
2. Ministers of State (MoS)
Definition: Ministers who either hold independent charge of smaller ministries or work under Cabinet Ministers.
Two Sub-categories:
Ministers of State with Independent Charge:
- Full responsibility for their assigned ministries
- Direct reporting to Prime Minister
- Complete administrative control
- Can attend Cabinet meetings when matters related to their ministry are discussed
Ministers of State (without independent charge):
- Assist Cabinet Ministers in large ministries
- Handle specific aspects of ministry work
- Report to respective Cabinet Minister
- Limited decision-making authority
3. Deputy Ministers
Definition: Junior-most ministers who assist Cabinet Ministers and Ministers of State.
Key Functions:
- Supporting role in ministry administration
- Handle routine matters and constituency work
- Liaison function between ministry and Parliament
- Training ground for future ministerial roles
- Limited policy influence
Hierarchy and Structure
PRIME MINISTER (Head of Council of Ministers)
↓
CABINET MINISTERS (Senior Ministers)
↓
MINISTERS OF STATE (Middle Level)
↓
DEPUTY MINISTERS (Junior Ministers)
Difference Between Cabinet and Council of Ministers
| Aspect | Cabinet | Council of Ministers |
|---|---|---|
| Composition | Only Cabinet Ministers | All three categories |
| Size | Usually 15-25 members | Can be up to 81 members |
| Meetings | Regular Cabinet meetings | No collective meetings |
| Decision Making | Primary decision-making body | Individual ministry focus |
| Constitutional Status | Core executive body | Broader administrative body |
Principles of Functioning of Council of Ministers
1. Collective Responsibility (Article 75(3))
The most fundamental principle governing the Council of Ministers:
Key Elements:
- Joint Accountability: All ministers collectively responsible to Lok Sabha
- Unanimous Support: Must publicly support all government decisions
- Cabinet Solidarity: Cannot publicly criticize government policies
- No-Confidence Impact: If government loses confidence, all ministers resign
- Collective Decision: Major decisions taken collectively by Cabinet
Practical Implications:
- Resignation Requirement: Dissenting minister must resign
- Parliamentary Defense: All ministers defend government policies
- Unity Principle: Maintain united front in public
2. Individual Responsibility
Each minister is individually responsible for:
- Ministry Administration: Efficient running of assigned department
- Parliamentary Accountability: Answering questions related to ministry
- Policy Implementation: Ensuring effective policy execution
- Departmental Oversight: Supervising ministry officials and programs
3. Leadership of Prime Minister
The Prime Minister exercises supreme authority over the Council:
- Appointment Power: Selects and recommends all ministers
- Portfolio Allocation: Decides ministerial responsibilities
- Dismissal Authority: Can ask any minister to resign
- Policy Direction: Provides overall policy guidance
- Coordination Role: Ensures inter-ministerial coordination
Qualifications and Tenure of Council of Ministers
Qualifications for Ministers
Constitutional Requirements:
- Citizenship: Must be an Indian citizen
- Parliamentary Membership: Should be member of either house of Parliament
- Age Limit: Must meet age requirements for respective house membership
- Other Qualifications: Must possess qualifications for Parliament membership
Special Provision: Six-Month Rule
Article 75(5) provides a crucial flexibility:
- Non-member Appointment: Person can be minister without being MP/MLA
- Time Limit: Must become member of either house within 6 months
- Automatic Cessation: Ceases to be minister if not elected within timeframe
- Practical Use: Allows appointment of experts and technocrats
Historical Examples:
- Dr. Manmohan Singh (1991): Became Finance Minister before joining Rajya Sabha
- Various Technocrats appointed as ministers and later elected to Parliament
Tenure and Security
Tenure Characteristics:
- No Fixed Term: Serve at pleasure of Prime Minister
- Collective Tenure: Linked to government’s parliamentary majority
- Individual Security: Depends on PM’s confidence and performance
- Parliamentary Confidence: Must maintain Lok Sabha support
Appointment Process of Council of Ministers
Detailed Appointment Procedure
- Prime Minister Selection
- President invites leader of majority party/coalition
- In case of unclear majority, President uses discretion
- Coalition negotiations may precede appointment
- Ministerial Selection
- Prime Minister chooses ministers based on various factors
- Political Considerations: Party representation, regional balance
- Administrative Needs: Expertise and experience requirements
- Coalition Compulsions: Alliance partner demands
- Presidential Formalities
- President appoints ministers on PM’s advice
- Constitutional Obligation: President bound by PM’s recommendation
- Ceremonial Role: No discretionary power in appointments
- Oath Administration
- Oath of Office: Faithfully discharge duties
- Oath of Secrecy: Maintain confidentiality of proceedings
- Constitutional Commitment: Preserve, protect, and defend Constitution
Powers and Functions of Council of Ministers
Executive Powers
Administrative Authority:
- Policy Formulation: Develop government policies and programs
- Implementation Oversight: Ensure effective policy execution
- Departmental Control: Exercise administrative control over ministries
- Personnel Management: Supervision of civil servants and officials
Decision-Making Powers:
- Routine Decisions: Ministers can take decisions within their domain
- Major Policies: Require Cabinet approval for significant matters
- Emergency Powers: Special powers during emergency situations
- Regulatory Authority: Issue rules and regulations under various Acts
Legislative Functions
Parliamentary Responsibilities:
- Bill Introduction: Introduce government bills in Parliament
- Policy Defense: Defend government policies during debates
- Question Answering: Respond to questions during Question Hour
- Legislative Guidance: Guide parliamentary proceedings on government business
Financial Powers
Budget and Finance:
- Budget Preparation: Participate in budget formulation process
- Expenditure Control: Oversee ministry-wise expenditure
- Financial Approval: Approve expenditure within delegated limits
- Revenue Generation: Implement policies for revenue collection
Collective vs Individual Responsibility
Collective Responsibility in Detail
Historical Development:
- British Origin: Inherited from Westminster system
- Indian Adaptation: Modified to suit Indian conditions
- Constitutional Recognition: Explicitly mentioned in Article 75(3)
Practical Applications:
- Vote of No-Confidence: All ministers resign if government loses
- Policy Support: All ministers must publicly support government decisions
- Cabinet Secrecy: Maintain confidentiality of cabinet deliberations
- Unified Response: Present united front on controversial issues
Exceptions and Limitations:
- Conscience Vote: Rare instances of free voting allowed
- Local Interests: Sometimes ministers may advocate for constituency needs
- Coalition Dynamics: Alliance partners may have different public positions
Individual Responsibility in Practice
Parliamentary Accountability:
- Question Hour: Ministers answer questions related to their ministries
- Debate Participation: Defend ministry policies during parliamentary debates
- Committee Appearance: Appear before parliamentary committees when required
- Statement Responsibility: Accountable for statements made in Parliament
Administrative Accountability:
- Ministry Performance: Responsible for efficient ministry functioning
- Policy Implementation: Ensure effective execution of government policies
- Public Grievances: Address complaints and issues related to ministry
- Departmental Oversight: Supervise officials and administrative processes
Modern Developments and Reforms
91st Constitutional Amendment Act, 2003
Key Provisions:
- Size Limitation: Maximum 15% of legislature strength
- Anti-Defection Focus: Strengthened anti-defection provisions
- Stability Measure: Aimed at ensuring government stability
- Cost Reduction: Reduced financial burden of large councils
Impact Assessment:
- Smaller Governments: Led to more streamlined administrations
- Better Coordination: Improved inter-ministerial coordination
- Reduced Horse-Trading: Minimized political defections for ministerial posts
- Enhanced Efficiency: Better focus on governance rather than accommodation
Contemporary Challenges
Current Issues:
- Coalition Compulsions: Balancing merit with political necessities
- Regional Representation: Ensuring adequate geographical representation
- Gender Balance: Increasing women’s representation in Council
- Expertise vs Politics: Balancing technical competence with political requirements
UPSC NDA Frequently Asked Questions (FAQs) for SSC Interview Preparation
Q1: What is the difference between Cabinet and Council of Ministers?
Answer: The Cabinet and Council of Ministers serve different functions in India’s executive system:
Cabinet:
- Composition: Only Cabinet Ministers (15-25 members typically)
- Function: Core decision-making body of the government
- Meetings: Regular meetings to discuss and decide policy matters
- Status: Inner circle of the Council of Ministers
- Authority: Takes major policy decisions and coordinates government business
Council of Ministers:
- Composition: All three categories – Cabinet Ministers, Ministers of State, and Deputy Ministers
- Function: Broader administrative body responsible for overall governance
- Meetings: No collective meetings of entire Council
- Status: Complete ministerial team under Prime Minister’s leadership
- Authority: Individual ministers handle their respective portfolios
The Cabinet is part of the Council of Ministers but serves as its executive core. This distinction is crucial for UPSC NDA aspirants studying Indian parliamentary system and executive functioning.
Q2: Can a person become a minister without being an MP or MLA?
Answer: Yes, a person can become a minister without being a member of Parliament or State Legislature, but with strict conditions:
Constitutional Provision (Article 75(5)):
- Six-month rule: Must become member of either house within 6 months
- Automatic cessation: Ceases to be minister if not elected within timeframe
- Both houses eligible: Can become member of either Lok Sabha or Rajya Sabha
- No extension: No provision to extend the six-month period
Practical Applications:
- Expert appointments: Technocrats and subject matter experts often appointed
- Political accommodation: Sometimes used to bring in leaders from outside Parliament
- Emergency situations: Useful during crisis when specific expertise needed
Historical examples include Dr. Manmohan Singh (1991 Finance Minister) and various technical experts who later joined Parliament. This flexibility allows governments to access specialized knowledge while maintaining democratic accountability.
Q3: What happens if the Council of Ministers loses confidence of Lok Sabha?
Answer: When the Council of Ministers loses the confidence of Lok Sabha, the following constitutional process unfolds:
Immediate Consequences:
- Collective resignation: Entire Council of Ministers must resign
- Caretaker government: Functions as caretaker until new government formed
- Presidential discretion: President decides next course of action
- Parliamentary dissolution: May lead to Lok Sabha dissolution if no alternative
Constitutional Mechanism:
- No-confidence motion: Can be moved against government
- Budget defeat: Rejection of budget also implies loss of confidence
- Policy defeat: Major policy defeat may force resignation
- Coalition breakdown: Coalition partners’ withdrawal can cause fall
Resolution Process:
- Alternative government: President may invite alternative leader if majority available
- Fresh elections: If no alternative, fresh elections conducted
- Constitutional continuity: Ensures continuous governance during transition
This process ensures democratic accountability and prevents governments from continuing without popular mandate.
Q4: How is the 15% limit on Council of Ministers calculated?
Answer: The 15% limit introduced by the 91st Constitutional Amendment Act, 2003, is calculated using a specific formula:
Calculation Method:
Maximum Ministers = (Total Lok Sabha Strength × 15) ÷ 100
Current Calculation: (543 × 15) ÷ 100 = 81.45 ≈ 81 ministers maximum
Key Points:
- Base number: Total elected strength of Lok Sabha (543 members)
- Percentage application: 15% of the total strength
- Rounding: Fractional numbers rounded to nearest whole number
- Inclusion: All three categories of ministers counted in limit
Rationale behind 15% limit:
- Prevent oversized governments: Earlier councils sometimes had 100+ ministers
- Reduce fiscal burden: Ministerial positions come with significant costs
- Ensure efficiency: Smaller councils facilitate better coordination
- Stop accommodation politics: Reduce positions created for political adjustment
This limit applies to both Union and State governments, ensuring uniform application across Indian federal system.
Q5: What is the principle of collective responsibility and how does it work?
Answer: Collective responsibility is a fundamental principle of parliamentary democracy that ensures government unity and accountability:
Core Elements:
- Joint accountability: All ministers collectively responsible to Lok Sabha
- Unanimous public support: Must publicly support all government decisions
- Cabinet solidarity: Cannot publicly criticize government policies
- Shared fate: Success or failure affects entire Council
Practical Working:
- Cabinet discussions: Ministers can disagree in private Cabinet meetings
- Public unity: Must maintain united public front regardless of private views
- Resignation option: Dissenting minister must resign if cannot support policy
- Parliamentary defense: All ministers defend government policies in Parliament
Benefits:
- Government stability: Prevents public contradictions and confusion
- Clear accountability: Parliament knows who to hold responsible
- Policy coherence: Ensures coordinated implementation of government policies
- Democratic control: Parliament can remove entire government through no-confidence
Exceptions:
- Free votes: Rare instances when party whip not issued
- Conscience matters: Personal moral issues may allow individual positions
- Coalition adjustments: Alliance partners may have different public stances on some issues
This principle ensures that India’s parliamentary democracy functions effectively with clear lines of responsibility and accountability.
UPSC NDA Written Exam Multiple Choice Questions (MCQs)
Question 1: The maximum strength of Union Council of Ministers is limited to what percentage of Lok Sabha strength?
a) 10%
b) 15%
c) 20%
d) 25%
Answer: b) 15%
Explanation: The 91st Constitutional Amendment Act, 2003 introduced Article 75(1A) limiting the Council of Ministers to maximum 15% of total Lok Sabha strength.
Question 2: Which Constitutional Amendment introduced the size limit for Council of Ministers?
a) 90th Amendment
b) 91st Amendment
c) 92nd Amendment
d) 93rd Amendment
Answer: b) 91st Amendment
Explanation: The 91st Constitutional Amendment Act, 2003 introduced the 15% size limitation and strengthened anti-defection provisions.
Question 3: A person can remain a minister without being a member of Parliament for maximum:
a) 3 months
b) 6 months
c) 9 months
d) 1 year
Answer: b) 6 months
Explanation: Article 75(5) provides that a non-member can be minister for maximum 6 months, after which they must become MP/MLA or cease to be minister.
Question 4: Cabinet Ministers are different from other ministers because they:
a) Have longer tenure
b) Get higher salary
c) Attend Cabinet meetings
d) Have more staff
Answer: c) Attend Cabinet meetings
Explanation: Only Cabinet Ministers attend Cabinet meetings where major policy decisions are taken. Other ministers do not participate in these core decision-making sessions.
Question 5: The Council of Ministers is collectively responsible to:
a) President
b) Prime Minister
c) Lok Sabha
d) Rajya Sabha
Answer: c) Lok Sabha
Explanation: Article 75(3) establishes that the Council of Ministers is collectively responsible to the House of People (Lok Sabha), not to Rajya Sabha or President.
Question 6: Ministers of State with independent charge:
a) Assist Cabinet Ministers
b) Handle separate ministries
c) Report to Deputy Ministers
d) Only attend Parliament
Answer: b) Handle separate ministries
Explanation: Ministers of State with independent charge have full responsibility for their assigned ministries and report directly to the Prime Minister.
Question 7: Who appoints the ministers in the Union Council of Ministers?
a) Prime Minister
b) President
c) Chief Justice
d) Parliament
Answer: b) President
Explanation: The President formally appoints all ministers, but does so on the advice of the Prime Minister. The PM selects the ministers, and President’s appointment is constitutional formality.
Question 8: The principle of collective responsibility means:
a) Ministers work together
b) All ministers resign if government loses confidence
c) Ministers share office space
d) Ministers get equal salary
Answer: b) All ministers resign if government loses confidence
Explanation: Collective responsibility means that if the government loses the confidence of Lok Sabha, the entire Council of Ministers must resign together.
Current Council of Ministers Structure (Reference)
Typical Portfolio Distribution
Major Cabinet Ministries:
- Prime Minister’s Office
- Ministry of Home Affairs
- Ministry of Defence
- Ministry of External Affairs
- Ministry of Finance
- Ministry of Law and Justice
- Ministry of Railways
- Ministry of Road Transport and Highways
Key Ministers of State Portfolios:
- Ministry of Environment, Forest and Climate Change
- Ministry of Skill Development and Entrepreneurship
- Ministry of Tourism
- Ministry of Youth Affairs and Sports
- Ministry of Minority Affairs
Common Deputy Minister Roles:
- Assisting in large ministries like Home, Defence
- Handling specific aspects of Finance Ministry
- Supporting External Affairs Ministry functions
- Administrative support in Infrastructure ministries
Constitutional Significance of Council of Ministers
Democratic Accountability
The Council of Ministers system ensures:
- Parliamentary Control: Legislature can remove executive through no-confidence
- Responsive Government: Ministers answerable to elected representatives
- Policy Debate: Public discussion of government policies in Parliament
- Transparent Governance: Regular questioning and scrutiny of ministerial actions
Executive Efficiency
The hierarchical structure provides:
- Clear Chain of Command: From PM to Deputy Ministers
- Specialized Expertise: Different ministers handle specific policy areas
- Coordinated Governance: Cabinet ensures unified policy approach
- Administrative Continuity: Professional civil service supports political leadership
Federal Integration
The Council represents:
- Regional Balance: Ministers from different states and regions
- Diverse Representation: Various communities and interests included
- National Integration: Common platform for addressing diverse needs
- Coalition Management: Accommodation of alliance partners and regional parties
Conclusion
The Council of Ministers represents the heart of India’s parliamentary executive system, combining democratic accountability with administrative efficiency. The constitutional framework established by Articles 74 and 75, enhanced by the 91st Amendment, creates a balanced system that ensures both responsive governance and political stability.
Understanding the structure, functions, and principles governing the Council of Ministers is essential for UPSC NDA aspirants as it demonstrates the practical workings of Indian democracy. The concepts of collective responsibility, individual accountability, and ministerial hierarchy form core components of competitive examination syllabi.
The evolution from oversized governments to streamlined administrations following the 91st Amendment reflects India’s maturing democratic system and its commitment to efficient governance. The balance between political accommodation and administrative competence continues to shape the composition and functioning of successive Councils of Ministers.
For comprehensive understanding of executive structures and parliamentary procedures, the Council of Ministers provides an excellent case study of how democratic institutions adapt to changing political and administrative needs while maintaining constitutional principles and democratic accountability.
Students preparing for competitive examinations should focus on understanding the practical implications of constitutional provisions, the historical evolution of the system, and contemporary challenges facing the Council of Ministers in India’s complex federal and coalition democracy.
Regular practice with multiple choice questions, analysis of constitutional amendments, and familiarity with current ministerial structures will enhance examination performance and provide deeper insights into India’s parliamentary democracy and executive functioning.
For detailed study materials on Indian polity, constitutional provisions, and comprehensive UPSC NDA preparation resources, visit NDA Anand Classes for specialized coaching support, downloadable study materials, and expert guidance on parliamentary system and executive branch topics essential for competitive examination success.
📚 Buy Study Material & Join Our Coaching
For premium study materials specially designed for NDA Exam, visit our official study material portal:
👉 https://publishers.anandclasses.co.in/
For JEE/NEET Notes : Visit https://anandclasses.in/
For SSC Notes : Visit https://ssc.anandclasses.in/
To enroll in our offline or online coaching programs, visit our coaching center website:
👉 https://anandclasses.co.in/
📞 Call us directly at: +91-94631-38669
💬 WhatsApp Us Instantly
Need quick assistance or want to inquire about classes and materials?
📲 Click below to chat instantly on WhatsApp:
👉 Chat on WhatsApp
🎥 Watch Video Lectures
Get access to high-quality video lessons, concept explainers, and revision tips by subscribing to our official YouTube channel:
👉 Neeraj Anand Classes – YouTube Channel