Union Council of Ministers

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The Union Council of Ministers is the principal executive organ of the Government of India, which serves to aid and advise the President of India in execution of their functions.<ref name="Constitution:85">Article 74 of the Constitution of India</ref> It is chaired by the Prime Minister of India and consists of the heads of each of the executive government ministries. Currently, the council is headed by Template:Wd and consists of 71 fellow members. The council is answerable to the Lok Sabha.<ref>Article 75(3) of Constitution of India</ref>

A smaller executive body called the Union Cabinet is the supreme decision-making body in India; it is a subset of the Union Council of Ministers who hold important portfolios and ministries of the government.<ref name="const1">Wikisource: Constitution of India/Part XVIII</ref>Template:Failed verification

RegulationEdit

Pursuant to Article 75(3), the Council of Ministers is responsible collectively to the lower house of the Indian parliament, called the Lok Sabha (House of the People).<ref name="CONSt2">Wikisource:Constitution of India/Part V#Article 74 .7BCouncil of Ministers to aid and advise President.7D</ref> The council of ministers upon losing the confidence of Lok Sabha shall resign to facilitate the formation of a new council.

A minister can take any decision without being considered by the council of ministers per Article 78(c). If needed, all union cabinet members shall submit in writing to the President to propose a proclamation of emergency by the president in accordance with Article 352.

According to the Constitution of India, the total number of ministers in the council of ministers must not exceed 15% of the total number of members of the Lok Sabha. Ministers must be members of parliament.Template:Efn Any minister who is not a member of either of the houses of the parliament for six consecutive months is automatically stripped off his or her ministerial post.<ref name="CONSt2"/>Template:Efn

RankingEdit

There are five categories of the council of ministers as given below, in descending order of rank:

Prime Minister: Leader of the Union Council of Ministers.
Deputy Prime Minister (if any): Presides as prime minister in his absence or as the senior most cabinet minister.<ref>Template:Cite news</ref>
Cabinet Minister: A member of the Union cabinet; leads a ministry.
Minister of State (Independent charge): Junior minister not reporting to a Cabinet Minister.
Minister of State (MoS): Deputy Minister reporting to a Cabinet Minister, usually tasked with a specific responsibility in that ministry.

AppointmentEdit

Pursuant to Article 75, a minister is appointed by the President on the advice of the Prime Minister and functions until the pleasure of the President of India. Since at least the turn of the millennia, evidence indicates that an MP's electoral performance enhances the likelihood of being granted a ministerial portfolio.<ref>Template:Cite journal</ref>

RemovalEdit

Upon death
Upon self resignation, or resignation or death of the prime minister
Upon dismissal by the President for minister's unconstitutional acts per Article 75(2)
Upon direction from the Judiciary for committing violation of law
Upon ceasing eligibility to be a member of Parliament
Under the provision of "Collective Responsibility" under Article 75, the Prime Minister and the entire Council of Ministers resign if a Vote of No Confidence is passed in the Lower House (Lok Sabha) of the Indian Parliament

Council of Ministers in state governmentsEdit

Every state in India is governed by its council of ministers with rules and procedures similar to the union council of ministers per Articles 163, 164 and 167(c).

In March 2020, the Supreme Court of India used its powers for the first time to do "complete justice" under Article 142 of the Indian Constitution to remove a minister functioning in the state of Manipur.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>