COUNCIL OF MINISTERS - POLITY
News: PM,
CMs have no disciplinary control over members of the Council of Ministers, says
SC
What's in the news?
● A
Prime Minister or a Chief Minister in a country where there is a multi-party
system cannot afford to crack the whip every time a Minister makes a statement
which may either be in bad taste or disparaging, the Supreme Court said in a
Constitution Bench judgment on January 3.
Key takeaways:
● Majority view - The Prime
Minister or the Chief Minister does not have disciplinary control over the
members of the Council of Ministers.
● Dissenting judgement
(Justice Nagarathana): Hate speech denies human beings the right to dignity.
○ Warning
public functionaries, celebrities and Ministers to be careful about what they
say in public, she said the right to dignity of common man cannot be sacrificed
at the altar of "free speech" if the statements made by dignitaries
created inequality and vilified sections of society or individuals.
○ Public
functionaries and other persons of influence and celebrities, having regard to
their reach, real or apparent authority and the impact they wield on the public
or on a certain section thereof, owe a duty to the citizenry at large to be more responsible and restrained in their
speech.
Council of Ministers:
Constitutional Provisions:
● Article
74 deals with the status of the council of ministers while Article 75 deals
with the appointment, tenure, responsibility, qualification, oath and salaries
and allowances of the ministers.
Article 74-Council of Ministers to aid and advise
President:
● There
shall be a Council of Ministers with the Prime Minister at the head to aid and
advise the President who shall, in the exercise of his functions, act in
accordance with such advice.
● However,
the President may require the Council of Ministers to reconsider such advice
and the President shall act in accordance with the advice tendered after such
reconsideration.
● The advice tendered by
Ministers to the President shall not be inquired into in any court.
Article 75- other provisions as to ministers:
● 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.
● The
total number of ministers, including the Prime Minister, in the Council of
Ministers shall not exceed 15% of the
total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
● A
member of either house of Parliament belonging to any political party who is
disqualified on the ground of defection shall also be disqualified to be
appointed as a minister. This provision was also added by the 91st Amendment
Act of 2003.
● The ministers shall hold
office during the pleasure of the President.
● The council of ministers
shall be collectively responsible to the LokSabha.
● The
President shall administer the oaths of office and secrecy to a minister.
● A
minister who is not a member of the Parliament (either house) for any period of
six consecutive months shall cease to be a minister.
● The salaries and
allowances of ministers shall be determined by the Parliament.