India is vested with a robust parliamentary structure attaining the union executive with positions like the President, the Vice President, the Prime Minister, and Council Minister. All the aspects related to these positions have specific powers and responsibilities mentioned in the Constitution of India. The council ministers play a crucial role in integrating the governmental policies and the department’s smooth functioning under governmental control. The council ministers are appointed on the advice of the Prime Minister. The constitution states the eligibility, qualification, and aspects that qualify the candidate to attain the position in the council ministry.

Appointment Of The Council Ministers:

The appointment criteria of the council ministers are just like the President. The President of India appoints them on the advice of the Prime Minister. The Council Ministers function with the representation to different regions and hold different positions in the prime minister’s cabinet. In the appointment of council ministers, the Prime Minister decides portfolios and advice the President about the experience and political background of each candidate to the President to allow the charge of respective departments. The appointment of the council minister has two primary grounds:

  • The candidate of the council ministers is a member of one of the houses of the Parliament. 
  • If the candidate does not attain membership in one of the houses of the Parliament, then the candidate must attain membership in Lok Sabha or Rajya Sabha within six months. It is possible through the election or nomination process with the advice of the Prime Minister.

Categories Of Council Ministers:

As mentioned in the constitution of India, the council ministers are appointed on the advice of the Prime Minister within three basic categories. The council ministers hold the responsibility under one of these categories. Below are the mentions:

  • Cabinet Ministers: This ministry department holds the charge of the variant department in the government. Specific departments such as textile, water, finance, education, human resource, health etc. These council ministers are under the direct supervision of the Prime Ministers and hold the charge to implement specific policies and decisions relating to their respective departments. 
  • State Ministers: This department of the council ministers is divided into two basic categories. The first is the independent state minister, and the other is attached to the government’s cabinet ministry. In both situations, the state ministers associated with representation to different regions work under the appointed cabinet ministers’ control, guidance, and supervision. The state ministers have restrictions to attend the scheduled cabinet meetings unless they receive unique invitations. 
  • Deputy Ministers: This category comprises both the ministers, i.e., state ministers and cabinet ministers. The Deputy ministers hold the responsibility to assist both types of ministers with their political and administrative responsibilities and duties with the advice of the Prime Minister.
  • Parliamentary Secretaries: The parliamentary secretaries are considered the fourth category of ministers. The prime minister decides portfolios associated with the senior category of ministers, supporting them with all their responsibilities and duties and working as a substitute to discharge the parliamentary duties. 

Responsibility Of The Council Ministers:  

The council ministers are appointed with the advice of the Prime Minister and hold specific responsibility for their positions. This responsibility relates to enhancing their departments, ministry, and administration. Below are the categorical mentions of these responsibilities:

  • Responsibility With Collective Effort: There are specific responsibilities of the ministers which need collective effort to follow. Collective responsibility refers to the actions necessary to follow for entire parliamentary houses (Lok Sabha & Rajya Sabha). The council minister’s secondary interpretation of this responsibility is bound to follow the cabinet decision under any circumstances. 
  • Responsibility for the individual: The mention about individual responsibility of the council ministers is mentioned in article 75 of the constitution of India. The individual responsibility of holding the charge of the President’s office and in certain situations can be removed by the President’s wish. 
  • Legal Responsibility: In the constitutional provision, there is no mention of the legal responsibility of the council ministers. The council ministers do not hold any legal responsibility, and the supreme court cannot question their advice to the President. 

Conclusion:

The council ministers are an integral part of the political system of India. The constitution of India has special provisions for the functions, appointments, and powers of the council ministers. The council ministers are appointed on the advice of the Prime Minister and hold charge of different departments of ministry with specific powers. The council ministers are divided into their significant categories functioning in different aspects of the political system. According to India’s constitution, the council minister holds no legal responsibility but attains specific collective and individual responsibility in the political system.