Constitution: Provides for a Parliamentary System of Democracy.
PASOD: President- titular executive & real executive powers vests in COME.
Article 74: “There shall be COME with the PM as the head to aid and advise the President, who shall in the exercise of his functions, act in accordance with such advice”.
COME headed by PM is the most powerful institution in the Executive wing of the UG.
The President and the COME
42 nd amendment – President shall act in accordance with the advice rendered by the COME expressed through the PM. The advice to the COME to the President has a legal binding on him.
44 th Amendment – President can ask the COME to reconsider its own decision. Then the President shall act as per the advice given to him after such reconsideration.
Composition and appointment of the COME
Art 75 – PM shall be appointed by the President and other ministers shall be appointed by the President on the advice of the PM.
Invitation by President.
List of colleagues from the MPs by the PM.
President has to accept the choice of the PM.
Option for President in appointment of PM.
President can dissolve the LS and order fresh elections if he is satisfied that there is none in the House to muster a majority.
Only MPs can become Ministers. Some times non- member can be appointed as a Minister .
Term of Office
The PM & COME are responsible to LS and can remain in office as long as they have majority support in LS.
When LS is dissolved they have to vacate their office.
If LS looses confidence in them they have to resign.
The loss of confidence in COME can be indicated in various ways :
By a direct vote of no confidence in the COME as a whole or in one of the Ministers.
By rejecting a Govt Bill or by passing a Bill sponsored by the Opposition but opposed by the Govt.
By passing an Amendment to a Bill against the wishes of the Government.
By voting a cut in the Budget.
By reducing the salaries of the Ministers in the face of their opposition.
By passing an adjournment motion to discuss an immediate issue of national concern.
Categories of Ministers.
The Ministers are of three categories
Cabinet Ministers of State Deputy
A. CM: Most imp leaders of the party are included in the COME. They hold important portfolios and decide major policies of the Govt. Receive monthly salary and sumptuary allowance every month.
B. MOS: Belong to II category of Ministers. May or may not be given an independent charge of a ministry. PM may or may not consult them. Aren’t the members of the Cabinet and don’t participate in the CM unless specially invited. Are paid a monthly salary and a sumptuary allowance each month.
C. DM: Junior most ministers, assist cab min & con min. Are not entrusted with an independent charge of a Min. Paid monthly salary and sumptuary allowance.
Informal body of Senior Ministers who form the nucleus of the admin.
Are imp party leaders and trusted men of PM.
Cab consists of 15 ministers holding imp portfolios =HDFC
Imp decisions of the Govt are taken by the Cab and are communicated to all the ministers who are bound to implement or follow.
Difference between Cab & Con Ministers
COME consists of all 3 categories of Ministers= Cab, MOS & DM
All ministers are not the members of the cab.
The COME do not meet as a body to transact Govt business.
PM may or may not consult the COME
Cab consists of small group of senior ministers
All cab ministers are the members of the COME.
Cab meets as a body, periodically to shape national policies and transact govt business.
Cab may inform the rest of its ministers its important decisions
PM may consult the cab
Consists of party leaders holding important portfolios in the Ministry.
Has taken over functions assigned by the Constitution to theCOME.
There are separate cab secretariat which maintains records of the decisions taken by the cabinet and prepares reports in regard to the follow up action.
The Cab Sec holds periodical meetings of Secretaries of various Ministers in order to sort out inter ministerial problems which crop up from time to time.
Powers and Functions of the Cabinet
Proclamation of Emergency
1. Legislative Functions
Duty of Cab to prepare legislative programmes of the Govt.
Takes initiative to introduce bills and get them passed in the Parliament.
Large no of bills are prepared introduced and piloted by the Cab.
Decides dates for holding sessions and for proroguing the Parliament.
When the Parliament is not in session, the cabinet recommends to the President to promulgate ordinances if necessary.
Is instrumental in preparing and moving the amendments in the Const.
Removes outdated laws from the statute book and makes necessary modifications in the existing laws.
2. Administrative Functions
Frames the executive policy of the UG.
Formulates the national policies and co ordinates the activities of all the ministers and depts.
Each ministry is put under one more minister’s care. The minister incharge of a Ministry takes decisions on routine matters.
Policy matters are dealt with by the Cabinet.
2. Financial Functions
Holds the strings of the national purse.
Budget is prepared by the FM as directed by the Cabinet.
Cab determines what taxes are to be imposed and how the funds are to be spent.
No change is made in the budget without the approval of the Cabinet.
All financial bills have their origin in the Cabinet.