How is Council of Ministers is formed? | Power and functions

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What do you means by Council of Minister?

Central Council of Ministers is also called the Union Council of Ministers. It has been said According  Article 53, that all the executive powers of the union shall be vested with the President. In Article 74, there shall be a Council of Ministers with the Prime Minister at the top to assist and advise the President. Therefore, within the parliamentary sort of government, real executive power vests with the Council of Ministers. Hence, all the executive powers are used by the Council of Ministers in the name of the President.

Formation of the Council of Ministers

All types of ministers (Cabinet, State, Deputy Ministers) including Prime Minister forms the Council of Ministers.
Stages of the formation of Council of Ministers are as follows_

(i) Appointmentf the Prime Minister

Article 75 (1) says that the Prime Minister shall be appointed by President. In accordance with conventions of the Parliamentary System of Government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.But, when no party features a clear majority within the Lok Sabha, then the President may exercise his personal minister.

(ii) Selection  of Ministers

The President appoints ministers on the advice accordance to Prime Minister. After taking the oath, the Prime Minister gives the list of names and the departments of ministers to the President. If President rejects the list, then Prime Minister may create a constitutional crisis by giving his resignation.

(iii) Qualifications of the Ministers

According to parliamentary system member of Parliament, either Lok Sabha or Rajya Sabha, are appointed as ministers. A person who is not a member of either House of the Parliament can also be appointed as a minister, provided he becomes the member of either House of Parliament within the period of 6 months otherwise, he ceases to he a minister.

(iv) Tenure of Council of Ministers

There is no fixed tenure of Council of Ministers. The Council of Ministers remains in office only till it enjoys the confidence of the Lok Sabha. The President eliminate a minister only on the advice of the Prime Minister.

(v) Size of the Council of Ministers

According to Constitution number of ministers has not been fixed. The Prime Minister used to determine the size of ministry on his discretion, but y 91st Amendment Act of 2003, a provision was added in Article 75 that the total number of ministers shall not exceed 15% of the total strength of Lok Sabha including the Prime Minister.

Council of Ministers

(vi) Categories of Ministers

Three types of ministers in the Council of Ministers

1. Cabinet Minister 2. State Minister 3. Deputy Minister

Cabinet is the apex unit of Indian administration. It conducts the policies of the government. Its memberar are head of their respective departments. State Ministers Deputy Ministers are appointed to help Cabinet Ministers. It is noticeable that Council of Ministers comprised of Prime Minister, Cabinet Ministers. State Ministers and Deputy Ministers.

Powers and functions of the (Council of Ministers)

Following ore the powers and functions of Council of Minister :

(i) To Prepare National Policy   To make national policies is the most significant work of the Council of Ministers. They make appropriate policies regarding internal administration and foreign affairs.

(ii) Control Over Executive   All executive powers of the Union Government, are enjoyed by the Council of Ministers. All departments of various ministers have their own chairpersons who conduct the business of their respective departments. Hence, all the major decisions regarding war, peace or foreign affairs are taken by it.

(iii) Functions Regarding Appointment Practically various officers are appointed by the President on advice of the cabinet. On the advice of cabinet. President nominates members of both the Houses of Parliament.

(iv) Legislative Functions   Most of the bills in the Parliament are presented by the ministers and they get passed until they enjoy the confidence of the Parliament. President also issues ordinances on the advice of the cabinet.

(v) Control Over Foreign  Relations It deals talks with foreign policies and foreign affairs. All the talks with Foreign delegates or governments are conducted by the Prime Ministeror any other member of the cabinet and Parliament is informed about the outcome of the treaty. Approval of the Parliament is taken if required.

(vi) Functions Regard states  Council of Minister has power to rename or alter the boundaries of any state although it is subject to approval of Parliament.

(vii) Representation the Government in Parliament   Minister represent the government in the meeting of the Parliament and also support the policies of the government.

(viii) Amendment in the Constitution Amendments in. the o Constitution are proposed by the Council of Ministers.

(ix) Declaration of War and Peace   War and peace are declared by the President on advice of the Council of Minister.

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