Answer
Article 74 of the Constitution of India provides for the real executive i.e. the
Union Council of Ministers with the
Prime Minister as its head. Theoretically the Council of Ministers and Prime Minister are to aid and advise the
President in the exercise of his powers. However in reality, all powers of the President
are used by the PM and his ministry…
The President is bound by the advice of the PM and his Council
of Ministers.
Organization of Council of ministers
Art. 75 of the Constitution lays down following
basic rules regarding
the organisation of the Union Council
of Ministers:
(a)
The Prime Minister is appointed by the President. All other ministers
are
appointed by the President
upon the advice of the Prime Minister.
(b) The
ministers hold office during
the pleasure of the
President.
(c)
The Council of Ministers is collectively responsible to the House
of the People (Lok Sabha).
(d)
The salaries and
allowances of ministers are such as the Parliament
determines by law.
Composition of Council of ministers:
Regarding
the minimum numbers of minister, the prime minister’s discretion shall always
prevail, but when it comes to the maximum numbers, it is ensured by 91st
Constitutional amendment act, 2003, that total number should not exceed 15% of
total membership of that particular house.
Categories of ministers in COM
A. Cabinet Ministers:
Their number is between 15-
20.
They enjoys important position in COM and holds key portfolios.
B. State ministers, and
C. Deputy ministers,
The state and deputy ministers comes after the hierarchy of cabinet
ministers, and helps them to function the government.
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