📄 From your Polity Notes PDF
📜 1. Constitutional Basis
| UNION | STATE |
|---|
| Art. 74: a Council of Ministers, with the PM as head, aids & advises the President, who acts accordingly. This advice can be sent back once for reconsideration. | Art. 163: corresponding provision — COM with the CM as head aids & advises the Governor. |
| Advice given by the COM to the President cannot be inquired into by any court. | The Governor's decision (in his discretionary domain) is final and cannot be questioned on the ground that he ought or ought not to have acted on his own discretion. |
| Art. 75: President appoints the PM, and other Ministers on the PM's advice. | Art. 164: Governor appoints the CM, and other Ministers on the CM's advice. |
| Total Ministers (incl. PM) shall not exceed 15% of Lok Sabha strength (91st CAA, 2003). | Total Ministers (incl. CM) shall not exceed 15% of Assembly strength, subject to a minimum of 12 (91st CAA, 2003 / 94th LAA, 2006). |
| A member disqualified for defection is also disqualified from being appointed a Minister (91st CAA, 2003). | Corresponding disqualification applies to State Ministers. |
| The COM holds office during the pleasure of the President. | The COM holds office during the pleasure of the Governor. |
| The COM is collectively responsible to the Lok Sabha. | The COM is collectively responsible to the Legislative Assembly. |
| Oath of office & secrecy administered by the President. | Oath of office & secrecy administered by the Governor. |
| A Minister who is not an MP for any 6 consecutive months ceases to be a Minister. | Corresponding provision for State Ministers vis-à-vis the State Legislature. |
| Salary & allowances determined/paid as per Parliament. | Salary & allowances determined/paid as per the State Legislature. |
⚖️ 2. Aid & Advice — Binding Nature & Case Law
| UNION | STATE |
|---|
| Through the 42nd CAA, 1976 & 44th CAA, 1978, the COM's aid & advice was made binding on the President, and not liable to be inquired into in any court. | Aid & advice of the COM is NOT binding on the Governor in his discretionary domain; his decision is final and cannot be questioned on the ground that he ought not to have acted at his own discretion. |
| Case | Holding |
|---|
| U.N. Rao Case (1971) | Even if the Lok Sabha stands dissolved, the COM does not cease to hold office — it continues to aid and advise the President till a new Council is appointed, since India cannot be left without a COM even for a moment (necessary to avoid violating Art. 74). |
| Shamsher Singh Case (1974) | The choice of whom to appoint/act upon in exercising executive power is not the President's personal choice — it is the COM's choice, and the President is bound to act on its aid and advice (subject to narrow discretionary exceptions). |
👔 3. Appointment of Ministers
| UNION | STATE |
|---|
| President appoints the PM; appoints other Ministers on the PM's advice. | Governor appoints other Ministers on the aid & advice of the CM. |
| A member of one House can speak in the other House's proceedings too, but can vote only in the House of which he is a member. | There should be a tribal welfare Minister-in-charge in Chhattisgarh, Jharkhand, Madhya Pradesh & Odisha; Bihar excluded by the 94th CAA, 2006 (no Scheduled Areas in Bihar). |
🙏 4. Oath, Salary & the "Deputy PM" Oath Controversy
| UNION | STATE |
|---|
| Salary & allowances determined by Parliament (incl. for the PM); oath includes an oath of office & secrecy. | Salary & allowances of State Ministers determined by the State Legislature. |
| Oath administered by the President. | Oath administered by the Governor. |
Devi Lal "Deputy PM" Oath Case (1990)
A dispute arose over the oath taken by Devi Lal as "Deputy Prime Minister" — a post not mentioned anywhere in the Constitution. The Supreme Court held the oath was valid, since "Deputy PM" was merely descriptive. In constitutional substance, a Minister called "Deputy PM" is still just a Minister — the title is legally fine only because it's a descriptive name, granting no powers beyond a regular Cabinet Minister's.
🤝 5. Ministerial Responsibility — Collective
Collective Responsibility rests on Art. 75 (Union) / Art. 164 (State). The bedrock principle: Ministers sink or swim together.
| UNION | STATE |
|---|
| If a No-Confidence Motion passes against the COM in the Lok Sabha, the entire Council (incl. Rajya Sabha members) must resign. | If a No-Confidence Motion passes against the COM in the Assembly, the entire Council (incl. Legislative Council members) must resign. |
| COM can alternatively advise the President to dissolve the Lok Sabha for fresh elections. | Corresponding power to advise dissolution of the Legislative Assembly. |
| If a Minister disagrees with a Cabinet decision and won't defend it publicly, he must resign. | — |
Ministers who resigned over policy disagreement: Dr. B.R. Ambedkar (1953, over the Hindu Code Bill) • C.D. Deshmukh (over States reorganisation policy) • Arif Mohammad Khan (1986, over the Muslim Women (Protection of Rights on Divorce) Act).
👤 6. Ministerial Responsibility — Individual
| UNION | STATE |
|---|
| A Minister can be asked to resign, or removed by the President, over difference of opinion/poor performance — but only on the PM's advice. | Art. 164: corresponding principle — a Minister can be removed by the Governor only on the CM's advice. |
| No legal responsibility: Ministers aren't answerable for advice given to the President — courts are barred from enquiring into it. | Corresponding bar applies to advice rendered to the Governor. |
🏗️ 7. Composition of the Council of Ministers
Hierarchy: the PM (Union) / CM (State) is the supreme governing authority, under whom the COM organises into three tiers, plus (occasionally) Parliamentary Secretaries.
| Tier | Detail |
|---|
| Cabinet Ministers | May include a Deputy PM (mostly for political reasons). Hold important ministries (Defence, Finance, Home, etc). Attend Cabinet meetings — key role in deciding policy. |
| Ministers of State | Not Cabinet members; don't attend Cabinet meetings unless specially invited. Either given Independent Charge of a department, or attached to a Cabinet Ministry. |
| Deputy Ministers | Not given independent charge of any department. Attached to a Cabinet Minister or Minister of State. Don't attend Cabinet meetings, not Cabinet members. |
| UNION | STATE |
|---|
| Parliamentary Secretaries — not COM members, no department, appointed by the PM (not the President). Since 1967, no Council has had them except during the Rajiv Gandhi Government. Attached to senior Ministers to assist with parliamentary duties. A COM member can double as Deputy PM, for political reasons only. | Deputy CMs — appointed mostly for local political reasons. |
🏛️ 8. Role of the Cabinet
| UNION | STATE |
|---|
| The highest decision-making body in government; chief policy-formulating body; supreme executive authority; chief coordinator of central administration; advisory body to the President, but its advice is binding; chief crisis manager; deals with major legislative & financial matters. | A smaller body, the "Cabinet" — the nucleus of the COM, playing the same role at the State level with the Governor/State Government. |
🍳 9. Kitchen Cabinet & Cabinet Committees
The Cabinet also controls higher appointments (Constitutional Authorities, Senior Secretarial Administrators) and deals with foreign policy & affairs.
Kitchen Cabinet
- An "inner" cabinet — the term became prominent during Indira Gandhi's tenure.
- Can include COM members and family members the PM personally trusts — typically the PM plus 2–4 close colleagues, discussing every major problem.
- More efficient for quick decisions on important political & administrative issues; helps the PM maintain secrecy.
- Demerits: reduces the Cabinet's status; legally questionable, since it lets outsiders (non-Ministers) into the decision-making loop.
- Similar informal arrangements exist in the USA and Britain.
Cabinet Committees: the Cabinet works through these — Standing (permanent) and Ad hoc (temporary) types. Set up by the PM/CM, with no fixed nomenclature. They sort issues and formulate proposals for the full Cabinet, which reviews their decisions.
⚖️ 10. Council of Ministers vs. Cabinet
Both are collectively responsible to the Legislature — but they differ significantly in size, function and constitutional standing.
| COUNCIL OF MINISTERS (COM) | CABINET |
|---|
| Wider body | Smaller body |
| 60–70 Ministers | 15–20 members |
| 3 categories: Cabinet Ministers, Ministers of State, Deputy Ministers | Consists only of Cabinet Ministers — forms a part of the COM |
| Does not have collective functions as a whole body | Has collective functions (because of frequent/regular meetings) |
| Has all powers, but only "in theory" | Has all powers, in practice |
| Functions are determined by the Cabinet | Directs the COM by taking policy decisions |
| Implements decisions | Supervises implementation of decisions |
| A constitutional body, dealt with in Art. 74/75 (91st CAA, 2003 capped its max size at 15% of Lok Sabha strength) | The word "Cabinet" was inserted only into Art. 352 (National Emergency) in 1978, by the 44th CAA — Art. 75 doesn't itself define the Cabinet's powers/functions; it evolved by convention. |
📜 11. Conduct of Business, Duties of PM/CM & Rights of Ministers
| Article | Provision |
|---|
| Art. 77 — Conduct of Business (GoI) | All executive actions taken in the President's name; orders/instruments authenticated so their validity cannot be questioned. President makes rules deciding which Minister handles which department. |
| Art. 166 — Conduct of Business (State) | Corresponding provisions — all executive action in the Governor's name; orders authenticated similarly; Governor makes the rules of business allocation. |
| Art. 78 — Duties of the PM | Must communicate to the President all COM decisions on Union administration and legislative proposals; answerable to the President when called for information; must submit for COM's consideration any matter decided by a Minister individually but not yet considered by COM, if the President requires. |
| Art. 167 — Duties of the CM | Corresponding duties towards the Governor. |
| Art. 88 — Rights of Ministers (Houses) | Every Minister may speak and take part in proceedings of either House, any joint sitting, and any Parliamentary Committee he's a member of — but may vote only in a House of which he is actually a member. |
| Art. 177 — Rights of Ministers (State) | Corresponding right for the State Legislature's House(s), with the same voting restriction. |
📖 12. Quick Article Reference
| Article | Subject Matter |
|---|
| Art. 74 | Council of Ministers to aid and advise the President. |
| Art. 75 | Other provisions as to Ministers (Union) — appointment, size cap, tenure, responsibility, oath, salary. |
| Art. 77 | Conduct of business of the Government of India. |
| Art. 78 | Duties of the PM re: furnishing information to the President. |
| Art. 88 | Rights of Ministers (and the Attorney General) as respects the Houses of Parliament. |
| Art. 163 | Council of Ministers to aid and advise the Governor. |
| Art. 164 | Other provisions as to Ministers (State) — appointment, size cap, tenure, responsibility, oath, salary. |
| Art. 166 | Conduct of business of the Government of a State. |
| Art. 167 | Duties of the CM re: furnishing information to the Governor. |
| Art. 177 | Rights of Ministers (and the Advocate General) as respects the State Legislature's House(s). |
| Art. 352 | National Emergency — the term "Cabinet" was inserted here by the 44th CAA, 1978. |
| 91st CAA, 2003 | Capped COM size (Union & State) at 15% of Lok Sabha/State Assembly strength; barred defectors from being appointed Ministers. |
| 94th CAA/LAA, 2006 | Excluded Bihar from the mandatory tribal-welfare-Minister requirement; clarified minimum COM size (12) for small State Assemblies. |
| 42nd CAA, 1976 | Made the President's action on COM's aid & advice binding. |
| 44th CAA, 1978 | Allowed the President to send COM advice back once for reconsideration; final advice after reconsideration is binding. |
🎯 Exam Angle
The Council of Ministers vs. Cabinet distinction is a Mains favourite — the Cabinet is a subset of the COM that actually meets and decides, while the wider COM merely implements. Prelims tends to test the exact size caps (15% of House strength, minimum 12 for small Assemblies) and the Devi Lal case's holding that "Deputy PM" is purely descriptive.
