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Constitutional Provisions for the Central Council of Ministers: An Overview
Introduction
The Central Council of Ministers is an important part of the Indian parliament. Also, this is backed by the Constitution of India. This makes it an important topic for students who preparing for competitive exams to study.
We have listed all the constitutional provisions for the central council of Ministers in detail under this article. if you are also here to increase your knowledge about constitutional provisions related to CCM then please stay with us till the end of this article.
So, let's start-
Constitutional Provisions for the Central Council of Ministers
Article 74
- Article 74 establishes the Council of Ministers with the Prime Minister as its head to aid and advise the President in the exercise of his functions.
- The Council of Ministers is responsible for the administration of the country, and the President is bound by their advice in most matters.
- However, in matters where the President is required to act in his discretion, he is not bound by the advice of the Council of Ministers.
- The President's decision in such matters is final and cannot be questioned in any court of law.
- The advice tendered by Ministers to the President is confidential, and no court can inquire into it.
- The Constitution does not prescribe the number of Ministers that can be appointed by the President, but it requires that the Council of Ministers should be collectively responsible to the Lok Sabha.
Article 75
- Article 75 of the Indian Constitution deals with the appointment and term of the Prime Minister of India.
- According to this article, the President of India shall appoint the Prime Minister who is the leader of the majority party or coalition in the Lok Sabha.
- The Prime Minister holds office during the pleasure of the President.
- The Prime Minister can resign by submitting his/her resignation to the President.
- The Prime Minister can be removed from office if he/she loses the confidence of the Lok Sabha.
- The Prime Minister is the head of the Council of Ministers.
- The Prime Minister is responsible to the Lok Sabha.
- The Prime Minister is responsible for the formation of the Council of Ministers.
Article 77
- Article 77 of the Indian Constitution deals with the conduct of government business.
- According to this article, all executive actions of the government of India shall be expressed to be taken in the name of the President.
- The President has the power to make rules for the allocation of business among the Ministers of the Union.
- The President can also make rules for the more convenient transaction of the business of the government of India.
- The business of the government of India is conducted by the Council of Ministers.
- The Council of Ministers is collectively responsible to the Lok Sabha.
- The President can require any Minister to submit a matter for consideration of the Council of Ministers.
- The Council of Ministers can make rules for the allocation of business among themselves.
- The Prime Minister is the head of the Council of Ministers.
- The Prime Minister can advise the President on the distribution of business among the Ministers.
Article 78
- Article 78 of the Indian Constitution deals with the duties of the Prime Minister.
- According to this article, it shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.
- The Prime Minister is also responsible for furnishing such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
- The Prime Minister is responsible for the overall functioning of the government of India
- The Prime Minister is responsible for the conduct of business in the Lok Sabha and the Rajya Sabha.
- The Prime Minister is responsible for the maintenance of law and order in the country.
- The Prime Minister is responsible for the formulation of policies and programmes for the development of the country.
- The Prime Minister is responsible for the management of the economy of the country.
- The Prime Minister is responsible for the conduct of foreign affairs.
- The Prime Minister is responsible for the coordination of the activities of various Ministries of the Union.
Article 88
- Article 88 provides that Members of Parliament (MPs) shall have the right to freedom of speech in Parliament.
- MPs are not allowed to say anything that is defamatory, obscene or derogatory about any person or institution.
- The right to freedom of speech is an essential feature of Parliamentary democracy, as it allows MPs to express their views and opinions freely and openly.
- The provisions of Article 88 are subject to the rules and regulations of Parliament, which can impose reasonable restrictions on the right to freedom of speech.
- The rules of procedure and conduct of business in Parliament provide guidelines for the conduct of MPs during Parliamentary proceedings.
- MPs can be punished for breaches of parliamentary privilege, such as making false or misleading statements, or for using abusive language in the House
- The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha is responsible for maintaining order and decorum in the House, and for ensuring that the rules of procedure are followed.
- If an MP breaches the rules of conduct or parliamentary privilege, the Speaker or Chairman may take action against them, such as suspending them from the House or imposing a fine.
- The right to freedom of speech in Parliament is an essential component of the principle of parliamentary sovereignty, which holds that Parliament is the supreme law-making body in the country.
- The provisions of Article 88 are aimed at ensuring that MPs can express their views and opinions without fear of reprisal and that the House is able to function as a forum for open and free debate.
Updated on: 05-May-2023
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