The 45th Amendment to the Constitution has made it clear that such advice must be passed by a majority in the Cabinet and rendered to the President in writing. All executive powers have formally been enumerated in the name of the President. But, as has already been pointed out, ours is a Parliamentary Form of Government. Therefore, our President is only a nominal head of the State and his powers, in fact, are exercised by the Council of Ministers. Thus, the Powers of the Council of Ministers of India, headed by the Prime Minister, is the most powerful institution in the Indian body politic.
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Composition of Council of Ministers
The Prime Minister prepares a list of his colleagues from among the Members of the Parliament to be appointed as Ministers and the President is obliged to appoint them as such. The Prime Minister is, thus. given absolute power in the formation and composition of his Council of Ministers. He is the ‘Keystone of the Cabinet Arch.’
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Categories of Ministers
Cabinet Ministers: They are the most important members of the Council of Ministers. They are the full-fledged ent Ministers who hold important portfolios.
Ministers of State : They are the second category of Ministers. They may or may not hold an independent charge of any portfolio. The Prime Minister may or may not consult them.
Deputy Ministers : They are the third category of Ministers who assist the Cabinet Ministers and the Council of Ministers.
- Term of Office: Constitutionally, the Prime Minister and his Council of Ministers hold office till the pleasure of the President’. But the President has little power even in this regard. The Prime Minister and the Council of Ministers are directly responsible to the Lok Sabha and can remain in office so long as they enjoy the majority support in Lok Sabha).
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Powers and Functions of the Council of Ministers
The functions of the Council of Ministers has two major aspects: Policy-making and Implementation.
Policy-making: The Council of Ministers are always the most experienced, the most influential and the most trusted members of the ruling party. As deciding policy matters is a very crucial responsibility, it comes under the Powers of Council of Ministers of India. They decide and frame policies regarding each and every branch of the Government in their meetings. Within the Cabinet room they have every right to differ on policy matters. But once a decision is made, they are expected to speak in one voice. They cannot criticise such a policy in public. That is why this aspect is known as the collective responsibility of the Cabinet.
Implementation: Once a policy decision is taken on any subject, it is conveyed to the Minister of State and the Deputy Minister of the concerned Ministry. They chalk out its broad details and hand them over to the civil servants related to that Ministry to translate them into practice. In this way, the business of the Government is managed jointly by the Council of Ministers with the help of the civil servants concerned.
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Following are some of the Powers of Council of Ministers of India
1. All the departments of the Government are under the control of the Ministers and it is their responsibility to run the administration in a good manner.
2. It is the function of the Council of ministers to maintain order and peace in the state.
3. They introduce Bills, participate in the discussion and cast their vote.
4. The budget of the states is prepared by the Council of Ministers.
5. They review the work of planning and the Planning Commission.
6. Managing the foreign tours of the President and other ministers also comes under the functions of the Council of Ministers
What is the role of the Council of Ministers ?
The role Council of Ministersof can be enumerated as under:
(1) Formulation, execution, evaluation and revision of public policy in various spheres which the party in power seeks to progress and practice.
(2) Coordination among various ministries and other organs of the government which might indulge in conflicts, wastefulness, duplication of functions and empire building.
(3) Preparation and monitoring of the legislative agenda which translated the policies of the government in action through statutory enactments.
(4) Executive control over administration through appointments, rule making powers and handling of crises and disasters – natural as well as political.
(5) Financial management through fiscal control and operation of funds like Consolidated Fund and Contingency Funds of India.
Conclusion
In a parliamentary form of government,the principle of collective responsibility is very important. It means that the council of ministers is collectively responsible to the parliament. The responsibility of the government is not of one minister but of all the ministers. If something goes wrong with the policy of only one minister, the whole council of ministers takes the responsibility. If the parliament rejects the policy of that minister all the ministers have to resign and not that particular minister alone. Remember all the ministers swim and sink together.