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Council Ministers: Ministry of Labour & Employment, Law and Justice and MSME

Article 74 of the Constitution addresses the position of the council of ministers, whereas Article 75 of the Constitution addresses the nomination, tenure, responsibilities, qualifications, oath, and compensation and allowances for ministers. Both of the articles are part of the Constitution. Cabinet ministers, ministers of state, and deputy ministers are the members that make up the Council of Ministers (COM), which is an abbreviation for “Council of Ministers.” The Prime Minister is important over all of these other ministries since he is the most senior minister. The individuals in charge of the most important ministries in the Central Government are called Cabinet Ministers. These ministries include the ministry of labour and employment and the Ministries of the Interior, Defence, and Finance. The most important body that formulates official policies within the Central Government is the Cabinet. Ministers of state have full authority over certain ministries or departments.

Those who assist cabinet ministers or ministers of state in executing their administrative, political and legislative responsibilities are deputy ministers. These individuals work closely with the ministers they support.

The COM may include a deputy prime minister every once in a while. Political considerations almost entirely determine the choice of those who will serve as deputy prime ministers.

Ministry of Labour and Employment

The Unorganised Workers’ Social Security Act, 2008, was enacted by the Ministry of Labour and Employment to protect weavers, handloom workers, fishers, toddy tappers, leather workers, plantation labourers, and beedi workers.

The formulation of labour policy serves several aims, including the promotion of economic development, social justice, industrial peace, and worker welfare.

What Is the Strategy Going to be Implemented by the Government of India?

  • The government has engaged in several different activities and undertaken several initiatives to encourage these pursuits’ growth.
  • This ministry is in charge of things like internet services and grievance cells, employment-related programs, activities, schemes, recruiting, notifications, labour welfare acts, laws, and legislation. Other responsibilities include legislative drafting.
  • The website of the Indian government’s portal for labour and employment provides information not only on employees employed in organised sectors but also on workers employed in unorganised sectors.

Ministry of Law and Justice, the Department of Justice

The 1961 Allocation of Business Rules comes under the Ministry of Law and Justice, the Department of Justice. One of the oldest Ministries in India. Until December 31, 2009, the Department of Justice was part of the Ministry of Home Affairs, and its Secretary was the Union Home Secretary. On January 1, 2010, a unique Department of Justice was carved out of MHA and placed under the supervision of the Secretary to the Government of India due to the growing workload and the establishment of numerous policies and programs on Judicial Reforms in the country.

Ministry of Micro, Small, and Medium Enterprises

The Ministry of Micro, Small, and Medium Enterprises(MSME) of the Government of India creates and manages micro, small, and medium business rules, regulations, and legislation. Narayan Rane is the Minister of MSMEs.

Is the position of Prime Minister of India Filled by Election or Appointment?

The President of India appoints the Prime Minister of India if they meet one of two criteria:

  • Either they are the leader of the party that holds the majority of seats in the Lok Sabha
  • They can earn the confidence of the Lok Sabha by winning the support of other political parties

If they meet both criteria, then the President of India will appoint them. They are given the position of Prime Minister if they complete both conditions. The President, acting on the proposal of the Prime Minister, is the one who makes appointments to all the other ministries.

The following is within the ministers’ purview of responsibility:

Individual and group obligation to appear before the Lok Sabha Article 75 makes it quite apparent that the COM is required to provide a joint response to the Lok Sabha. This includes both activities they have done and activities they have failed to conduct. Indicate a lack of trust in the ministry by voting against a money bill, a finance bill, or another important policy decision; voting against a resolution expressing confidence in the ministry; or casting a vote of no confidence in the ministry. These are examples of ways to communicate a lack of trust in the ministry. When the Rajya Sabha’s confidence in a ministry is withdrawn, all members of that ministry, including members of the Lok Sabha, are required to resign from their positions. The President cannot remove a minister from office unless the Prime Minister first permits them.

Is It Necessary for the President to Adhere to the Recommendation Made by the Council of Ministers?

This clause was introduced into the Constitution by the 42nd Amendment Act of 1976 and the 44th Amendment Act of 1978. The President is indeed required to consider the advice, and another section in the Act states that the recommendations made by the council are immune from being reviewed by any court. The following articles are connected to the 42nd Amendment Act and the 44th Amendment Act and may provide further information.

Conclusion 

Article 75 also incorporates individual responsibility, which states that everyone is responsible for their actions and must answer to themselves and no one else for their behaviour. It states that ministers serve at the pleasure of the President, which suggests that the President may fire a minister even if the COM has the confidence of the Lok Sabha. This is because it states that ministers serve at the President’s pleasure. Because it stipulates that ministers serve at the pleasure of the President, it also says that the President can fire a minister if they so choose.

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