COUNCIL OF MINISTERS

The “Council of Ministers” with the help of the prime minister, at the head can aid and advise the president regarding the formation of the Government. In this respect the president can refuse the advice and aid of the “Council of Ministers” based on the formulation of the constitution. Aid and advice are significant in order to bind the president to abiding by the advice of their ministers. It also helps to emphasise the ministerial characteristics of the government regarding their powers based on the legislation of the constitution. The “State council of ministers” takes a significant role in the grant creation to the president based on the constitution that can enable the amendment through the aid and advice of the “State council of ministers”.

What are the collective responsibilities of the “council of ministers”?

The collective responsibility of the “council of ministers” is regarded as fundamental to the work of the parliamentary government. The strength of the “Council of ministers” lies in the principle behind the collective responsibilities for the general conduct of the affairs regarding the government. The term collective means all ministers in the “Council of ministers” work together with the purpose of Government Activities. The government assumes the responsibilities for the cabinet in terms of making decisions and taking action for the implementation of rules and regulations at the same. The “state council of ministers” takes a significant role in making any decision and taking any action regarding the legislation. The principle of collective responsibility within the “state council of ministers” takes the participation for the formulations of policies and their responsibility to the legislature concerned.

Therefore the question area of the state is also taken care of by the “council of ministers” and their enforcement. It can be enforced by the process of the no-confidence motion that can be adjusted by the rule of 198 that discusses the procedure and rules regarding the functioning of  LokSabha. In this respect, the “council of ministers” aids and advises the president in the formation of a majority perspective with a no-confidence motion.

What is the doctrine of the “aid and advice” of the “council of ministers”? 

The “Council of Ministers” with the help of the prime minister is able to aid and advise the president regarding the functioning and exercise of the states based on the Constitutional powers. In this perspective, the president of the state may act in accordance with the tenured aid and advice after the reconsideration. The 42nd amendment “Article 74” states that the  “Council of Ministers” with the help of the prime minister may aid and advise the presidents in the exercise of the president’s function. However, there is much ambiguity whether the advice of the “Council of Ministers”  can be binding on the president or not. In addition, the president can send the advice to the “Council of Ministers”  for reconsideration in case the “state Council of Ministers” and the same advice should be accepted by the president.

What if the “aid and advice” of the “council of ministers” is against the president’s wish?  

The term advice does not imply that the advice of the “State council of ministers” must be accepted by the president. This is simply obligated that the ministers need to tender that is needed to the president with regard to the amendment and changes of the rules and regulations for the state. There is another factor related to the suspect that the “constitution” needs to rely on. The interpretation of “Article 74” is significantly based on the assumption that advice may bind the presidents with obligations based on the “constitutional act”. The “Council of Ministers” can rely on the formation based on the legislative progression. The Supreme Court can observe the advice of the ministry that should be followed by the president based on the rules.

Conclusion 

Thus, it can be concluded that the position of president is more relevant when the instability and the “majority perspective” of “council of ministers” advise. The provision regarding the responsibility and maintaining the protection of the constitution can be irregular due to the lack of a president. Based on this perspective the “council of ministers” takes care of the “constitutional act” based on that they advise the Parliament regarding the amendment and changes of the rules and regulations. It helps to provide a clear description of the “controversial interpretations of the state” that can be conferred by the power of the “Council of ministers”.