CONSTITUTIONAL PROVISIONS
The Central Council of Ministers in India, also known as the Union Council of Ministers, is a key constitutional body that aids and advises the President in the exercise of their functions. The provisions related to the Council of Ministers are primarily outlined in Articles 74, 75, and other relevant articles of the Indian Constitution.
1. Article 74: Council of Ministers to Aid and Advise the President:
- Article 74(1): There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of their functions, except in so far as the President is required to exercise their functions or any of them in their discretion.
- Article 74(2): The question whether any, and if so, what, advice was tendered by Ministers to the President shall not be inquired into in any court.
- Explanation: This article establishes the principle of collective responsibility and the advisory role of the Council of Ministers to the President. The President is bound to act in accordance with the advice except in areas where the President exercises discretion.
2. Article 75: Appointment of Prime Minister and Council of Ministers:
- Article 75(1): The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
- Article 75(2): The Ministers shall hold office during the pleasure of the President.
- Article 75(3): The Council of Ministers shall be collectively responsible to the Lok Sabha (House of the People).
- Article 75(4): The President shall appoint the Prime Minister and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
- Explanation: This article outlines the process of the appointment of the Prime Minister and other Ministers. It emphasizes the collective responsibility of the Council of Ministers to the Lok Sabha and establishes that they hold office at the pleasure of the President.
3. Article 78: Duties of Prime Minister and Council of Ministers:
- Article 78(1): It shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation, and to furnish such information relating to the administration as the President may require.
- Explanation: This article details the duty of the Prime Minister to communicate decisions of the Council of Ministers to the President and provide necessary information related to the administration.
4. Article 86: Right of the President to Address and Send Messages to Houses:
- Article 86: The President may address either House of Parliament or both Houses assembled together, and for that purpose, require the attendance of members.
- Explanation: While not directly related to the Council of Ministers, this article emphasizes the President’s right to address and communicate with Parliament, including the Council of Ministers.
5. Article 87: Special Address by the President:
- Article 87: The President may address either House of Parliament or both Houses assembled together and may, for that purpose, require the attendance of members.
- Explanation: Similar to Article 86, this article underlines the President’s right to address Parliament, which includes conveying important information or seeking the opinion of the Council of Ministers.
6. Article 111: Assent to Bills:
- Article 111: When a Bill is presented to the President after being passed by both Houses of Parliament, the President shall declare either that they assent to the Bill or that they withhold assent.
- Explanation: While not directly related to the Council of Ministers, the President’s assent to bills is a significant constitutional function influenced by the advice of the Council of Ministers.
Conclusion:
The constitutional provisions related to the Central Council of Ministers establish the framework for the advisory role, appointment, and collective responsibility of the Council to the President. These provisions aim to ensure the smooth functioning of the executive branch in accordance with the principles of parliamentary democracy.
