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Answers
Answer:
Powers and Functions:
Powers and Functions:The main function of the Council of the Ministers is to aid and advice the President. ... The Council of Ministers determines the legislative programme of the Union and uses its initiative in the introduction and passage of Government legislation.
Explanation:
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Answer:
1. The main function of the Council of the Ministers is to aid and advice the President.
2. The Council of Ministers determines the legislative programme of the Union and uses its initiative in the introduction and passage of Government legislation.
3. The Council of Ministers prepares the budget of the Union Government and moves demand for grants.
4. The foreign policy of India is formulated by the Council of Ministers and the emergency powers of the President are mostly exercised by the Ministers.
Explanation:
Council of Ministers
Which articles in the Constitution deal with the Council of Ministers?
Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers. Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and advise the President, article 75 mentions the following things:
They are appointed by the President on the advice of Prime Minister
They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok Sabha. (The number cannot exceed 15%)
91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a member of Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in the linked article.)
A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months.
Parliament decides the salary and allowances of the council of ministers.
Is the advice tendered by the Council of Ministers’ binding on the President?
Yes, the advice is binding on the President and this provision was introduced by the 42nd Amendment Act 1976 and 44th Amendment Act 1978. The acts also mentioned that the advice given by the council cannot be inquired into by any court. Read about the 42nd Amendment Act and the 44th Amendment Act in the linked articles given below:
42nd Amendment Act
44th Amendment Act
Collective Responsibility of the Council of Ministers
In England, the Cabinet system is based on conventions. The framers of our Constitution considered it fit to incorporate the system in the Constitution. The principle of collective responsibility finds a place in Art. 75(3) where it is stated that the Council of Ministers shall be collectively responsible to the Lok Sabha. In other words, this provision means that a Ministry which loses confidence in the Lok Sabha is obliged to resign. The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or any other important policy measure or by passing a motion of no-confidence or rejecting a motion expressing confidence in the Ministry. When a Ministry loses the confidence of the Lok Sabha the whole of the Ministry has to resign including those Ministers who are from the Rajya Sabha. The Ministers fall and stand together. In certain cases, the Ministry may advise the President to dissolve Lok Sabha and call for fresh elections.
Types of Ministers
The Indian Constitution does not categorize ministers into ranks, however, in practice seen in India, ministers are of four types:
Cabinet Ministers—He is present and he participates in every meeting of the Cabinet.
Minister of State with independent charge—He is a Minister of State who does not work under a Cabinet Minister. When any matter concerning his Department is on the agenda of the Cabinet, he is invited to attend the meeting.
Minister of State—He is a Minister who does not have independent charge of any Department and works under a Cabinet Minister. The work to such Minister is allotted by his Cabinet Minister.
Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister of State with independent charge. His work is allotted by the Minister under whom he is working.