powers of union council of ministers
Answers
Powers of the Union Council of Ministers:
(a) Executive Powers:
(i) Real Executive:
The Council of Ministers is the real executive. All executive powers of the President of India are really used by the Council of Ministers.
(ii) Policy-Making:
The Cabinet formulates the policies which are to be submitted to the Parliament for approval. It gets these policies approved from the Parliament and then implements these. It runs the administration of the Union in accordance with the approved policies. The Cabinet/ PM coordinate and control the working of all departments of the government. The Cabinet formulates the foreign policy as well as all domestic policies deemed necessary for all round development of the country.
(iii) Running of Administration:
The Cabinet runs the administration in accordance with the laws and policies. It has the responsibility to maintain law and order in the country. Every minister heads one or more departments. It is under his headship that the administration of a department is run. The day to day decisions are taken by the departments in accordance with the policies of the Cabinet.
For all its policies and decisions the Council of Ministers is collectively responsible before the Lok Sabha. Any failure on any front can cause the fall of the ministry. Likewise, every minister is also individually responsible before Lok Sabha for the functioning of the department or departments which he heads.
(iv) Functions during as Emergency:
The exercise of Emergency Powers by the President is always done in accordance with the advice of the Prime Minister and his Council of Ministers. The President can declare an emergency only under the advice of the Cabinet. He takes all steps for meeting the emergency in accordance with the advice of the Prime Minister and his Council of Ministers. The real responsibility to meet an emergency is of the Cabinet.
(v) Appointment-Making Powers:
The President makes all the higher appointments—Governors, Ambassadors, Envoys, High Commissioners, Consuls, Judges of the Supreme Court and High Courts, Military Commanders, members of UPSC, Election Commission, Planning Commission and others, in accordance with the advice of the prime Minister and the Cabinet.
(v) Treaty-Making and Defence Functions:
All treaties and other international agreements are negotiated and signed by the ministers on behalf of the President. To prepare for the defence of the country through the organisation and modernisation of the Army, Air Force and Navy, and by formulating a suitable defence and nuclear policy, is a fundamental function of the Cabinet.
Thus the Council of Ministers exercises real executive powers. In its working, it is dominated by the Prime Minister and the Cabinet.
(ii) Legislative Powers:
Though the legislative powers of the Union are in the hands of the Parliament, the Council of Ministers plays an important role in the sphere of legislation. The ministers are both the heads of government departments as well as members of the Parliament. They take full and active part in the working of the Parliament.
Most of the bills are introduced and piloted by them. 95 % of the time of the Parliament is utilized for handling governmental business, which is managed by the ministers. A bill not supported by the Council of Ministers cannot get passed from the Parliament because the ministry enjoys the support of the majority in Parliament.
If the Lok Sabha either passes a bill not supported by the Council of Ministers or rejects a bill supported by it, or rejects the budget of the Cabinet, it is taken to be a vote of no-confidence against the government and the entire Council of Ministers resigns. While doing so the Prime Minister/Cabinet can advice the President to dissolve the Lok Sabha,
The President summons prorogues or dissolves the Parliament in accordance with the advice of the Cabinet. The Prime Minister can recommend to the President a dissolution of the Lok Sabha and for the holding of fresh elections. The President always accepts such an advice. The Cabinet can use the threat of dissolution for getting support from the Lok Sabha.
The Council of Ministers is, undoubtedly, collectively responsible before the Lok Sabha and the latter can remove it by passing a vote of no-confidence. But such an eventuality cannot arise so long as the Cabinet enjoys the support of the majority in the Lok Sabha. A ministry backed by a majority can have its way in the Parliament. Normally, it is the Cabinet (backed by a majority) which really controls the Working of Parliament.
(iii) Financial Powers:
The Parliament is the custodian of national finances. However, the Cabinet plays a leading role in this sphere also. The budget is prepared by the Cabinet. It lays down the fiscal policies of the government. The Cabinet gets the budget passed from the Parliament. The Cabinet runs the financial administration in accordance with the provisions of the budget as passed by the Parliament.