• UGI USER
  • Jan 05, 2023
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Council of Ministers

Context:

The Supreme Court’s constitutional bench recently held that there is no reason to impose additional restrictions on the freedom of speech of ministers.

More on the news

·         The top court also stated that the government is not liable for any belittle remark made by them even if the comments are related to state affairs or meant to protect the government.

·         The court denied to apply the principle of Collective responsibility to any or every statement made orally by the minister outside the Legislative Assembly.

·         It further stated that the Prime Minister or the Chief Minister does not have disciplinary control over the Council of Ministers.

Council of Ministers

  • Article 74 of the constitution states that 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.
  • The President may require the CoM to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.
  • The total number of Ministers including the Prime Minister in the council of minister shall not exceed 15% of the total strength of the Lok Sabha.
  • The Minister shall hold office in the pleasure of the President.
  • Apart from Council of Minister, there is one more word used to define CoM, it is called the Cabinet.
  • Cabinet is different from CoM as it only include15-20 members among the council. The word ‘cabinet’ is installed in the constitution in 1978 through 44th

Principle of Collective Responsibility

  • Article 75 states that the council of Minister is collectively responsible to the Lok Sabha.
  • It means that all the ministers own joint responsibility to Lok Sabha for all the act of Omission and Commission.
  • When the Lok Sabha Passes a no- confidence motion against the CoM, all the ministers have to resign including those who are from Rajya Sabha.
  • Even if any Minister differ with any decision of the cabinet, he has to defend it. If somebody disagrees and oppose it, he must resign.