Central Council of Ministers

1.Constitutional Provisions

• Article 74: Council of Ministers to Aid and Advise the PresidentImportance 5/5
  Read and remember what Article 74 says about the council of ministers and the Prime Minister. Understand how binding the advice is on the President, what the President can do if unhappy with it, and why courts cannot inquire into the advice.
• Other Provisions of Article 75Importance 5/5UPSC 2013
  Remember what Article 75 says about the appointment, tenure, oath, six-month rule and salaries of ministers. Be clear about the body to which the council of ministers is collectively responsible: the Lok Sabha only, or Parliament as a whole?
• Limits Added by the 91st Amendment (Size Cap and Defection Bar)Importance 5/5UPSC 2007, 2009, 2022
  Remember the two limits added to Article 75 by the 91st Amendment (2003). What limits the size of the council of ministers, and on what is that limit based? Who is barred from being appointed a minister because of defection? For how long does this bar last, and what can end it early?
• Article 77: Conduct of Business of the Government of IndiaImportance 5/5UPSC 4 Years
  Know the three clauses of Article 77. In whose name is executive action taken? How are orders authenticated? Who makes the rules for conducting government business and for sharing it among ministers?
• Article 78: Duties of the Prime MinisterImportance 4/5UPSC 2013
  Remember the three duties of the Prime Minister under Article 78. Understand why they make the Prime Minister the channel of information between the council of ministers and the President.
• Article 88: Rights of Ministers in the HousesImportance 4/5UPSC 1997
  Where can a minister speak and take part in proceedings? Be clear about the limit on a minister's right to vote.

2.Nature of Advice by Ministers

• Binding Nature of Advice (42nd and 44th Amendments)Importance 5/5UPSC 2002
  Remember what the 42nd Amendment (1976) and the 44th Amendment (1978) each did to Article 74. Understand what Article 74 said before 1976 and how the courts already read it. Then understand how the President's position differs before 1976, after 1976 and after 1978.
• Council of Ministers After Dissolution of the Lok Sabha (U.N.R. Rao Case)Importance 4/5
  What did the Supreme Court decide in the U.N.R. Rao case (1971) about the council of ministers once the Lok Sabha is dissolved? Understand what it said about Article 74 and about executive power exercised without the council's advice.
• Satisfaction of the President (Shamsher Singh Case)Importance 4/5
  Understand what the Supreme Court in the Shamsher Singh case (1974) held about the President's "satisfaction" wherever the Constitution requires it. Whose satisfaction is it in reality?

3.Appointment of Ministers

• Appointment of the Prime Minister and Other MinistersImportance 4/5UPSC 1996, 2009
  Who appoints the Prime Minister, and who appoints the other ministers? Understand how this limits the President's choice of ministers.
• Appointment of a Non-Member as MinisterImportance 5/5UPSC 1996, 2003, 2009
  Can a person who is not a member of Parliament be made a minister? Remember the time limit, the ways of becoming a member, and what happens if the limit is missed. Can the same person be appointed again after the time limit ends? Know the 2001 ruling in S.R. Chaudhuri v. State of Punjab, and that it was given on the parallel provision for State ministers (Article 164(4)).

4.Oath and Salary of Ministers

• Oaths of Office and SecrecyImportance 3/5UPSC 1997
  Who administers the oaths to a minister? Remember the four parts of the oath of office and what the oath of secrecy covers.
• Validity of the Deputy Prime Minister's Oath (1990)Importance 3/5
  Why was the oath of Devi Lal as Deputy Prime Minister challenged in 1990 (K.M. Sharma v. Devi Lal)? Understand how the Supreme Court dealt with it. Does the title of Deputy Prime Minister give any powers of the Prime Minister? Why did the oath stay valid?
• Salaries and Allowances of MinistersImportance 2/5
  Who decides the salaries and allowances of ministers, and under which Act? Remember what a minister receives, apart from the salary and allowances of a member of Parliament.

5.Responsibility of Ministers

• Meaning of Collective ResponsibilityImportance 5/5UPSC 5 Years
  Understand what collective responsibility means and to which House it is owed. What must the ministers do when a no-confidence motion is passed? Do Rajya Sabha ministers also have to resign, and what happens to the whole council if the Prime Minister resigns? Also understand the other option open to the council of ministers, and whether the President must accept it.
• Binding Cabinet Decisions and Resignations Over DifferencesImportance 3/5
  Understand what a minister must do about a cabinet decision he or she disagrees with. Remember Ambedkar, C.D. Deshmukh and Arif Mohammad Khan, and the issue on which each resigned.
• Holding Office During the Pleasure of the PresidentImportance 4/5
  Understand what "during the pleasure of the President" means for a minister. Can a minister be removed while the council still has the Lok Sabha's confidence? On whose advice does this happen, and how does it help collective responsibility?
• Ambedkar on the Prime Minister and Collective ResponsibilityImportance 3/5
  What did Ambedkar say in the Constituent Assembly about the Prime Minister's office and collective responsibility? Understand how he linked the Prime Minister's office to collective responsibility.
• Legal Responsibility of Ministers: Britain and India ComparedImportance 3/5
  How are ministers made legally responsible in Britain, and what role does countersignature play? What does India lack in this respect? Understand how the rule that courts cannot inquire into the advice adds to this. Remember the British phrase about the King that explains the British position.

6.Composition of the Council of Ministers

• Three Categories of MinistersImportance 5/5UPSC 2022
  What are the three categories of ministers, and what separates one from another? Understand the place of the Prime Minister at the top, and why a Deputy Prime Minister is sometimes appointed.
• Cabinet MinistersImportance 3/5
  Remember which kinds of ministries cabinet ministers head. Understand their link to the cabinet and their part in deciding policy.
• Ministers of StateImportance 4/5
  Know the two ways a minister of state can be placed: with independent charge, or attached to a cabinet minister. How does attachment work in practice? Are ministers of state members of the cabinet, and when do they attend its meetings?
• Deputy MinistersImportance 3/5
  Remember the position of deputy ministers: whether they hold independent charge, whom they are attached to, what they assist with, and whether they attend cabinet meetings.
• Parliamentary SecretariesImportance 2/5
  Are parliamentary secretaries part of the council of ministers? Remember who appoints them, whether they control a department, and what they do.

7.Council of Ministers vs Cabinet

• Composition: Council of Ministers versus CabinetImportance 4/5
  How do the council of ministers and the cabinet differ in size and in who belongs to each? Understand how the cabinet relates to the council.
• Functions and Role: Council of Ministers versus CabinetImportance 4/5
  Understand how the two bodies differ in meetings, collective functions, powers in theory and in practice, direction and implementation of decisions, and responsibility to the Lower House.
• Constitutional Status of the Council of Ministers and the CabinetImportance 5/5
  Where does the Constitution deal with the council of ministers? What does it settle about the size of the council (who fixes it, and the ceiling)? What does it leave to convention and the Salaries and Allowances of Ministers Act, 1952, such as the three tiers of ministers? Which provision defines the cabinet, which Amendment brought it in, and does it describe the cabinet's powers? Understand what the cabinet's role rests on, and what legal backing the term "minister" has under that Act.

8.Role of Cabinet

• Role of the CabinetImportance 4/5
  Understand the cabinet's roles in policy and decision-making, in running the executive and coordinating ministries, in handling crises and foreign affairs, in legislative and financial matters, and in higher appointments. Whose advice binds the President in law, and who gives that advice in practice? Understand why the cabinet is central to the government.

9.Role Descriptions

• Descriptions of the Cabinet by Political ThinkersImportance 4/5
  How did each of these thinkers describe the cabinet? Remember the description given by Ramsay Muir, Lowell, Sir John Marriott, Gladstone, Barker, Bagehot, Sir Ivor Jennings and L.S. Amery.
• Dictatorship of the Cabinet (Ramsay Muir)Importance 3/5
  What did Ramsay Muir mean by the "Dictatorship of the Cabinet", and in which of his books did he say it? When does the cabinet hold this position, and what alone limits it? Understand why this idea is said to hold for India too.

10.Kitchen Cabinet

• Meaning and Composition of the Kitchen CabinetImportance 4/5
  What is the Kitchen Cabinet, who belongs to it, and why is it called extra-constitutional? Remember the period in which it was especially powerful in India. Know that it is not found in India alone.
• Merits and Demerits of the Kitchen CabinetImportance 3/5
  Remember the three merits and the two demerits of the Kitchen Cabinet.

1. 1.

   With reference to Article 75 of the Constitution of India, consider the following statements:
   1. The total number of ministers, including the Prime Minister, shall not exceed 15% of the total strength of the Lok Sabha.
   2. The 15% limit was added by the 42nd Amendment Act of 1976.
   3. A minister who is not a member of either House of Parliament for six consecutive months ceases to be a minister.
   Which of the statements given above are correct?

   1. A1 and 2 only
   2. B2 and 3 only
   3. C1 and 3 only
   4. D1, 2 and 3
2. 2.

   Consider the following statements:
   Statement-I: The advice tendered by ministers to the President cannot be inquired into by any court.
   Statement-II: The relationship between the President and the ministers is meant to be intimate and confidential.
   Which one of the following is correct in respect of the above statements?

   1. ABoth Statement-I and Statement-II are correct and Statement-II explains Statement-I
   2. BBoth Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
   3. CStatement-I is correct but Statement-II is incorrect
   4. DStatement-I is incorrect but Statement-II is correct
3. 3.

   Under Article 88, consider the following rights of a minister:
   1. To speak in either House of Parliament
   2. To take part in a joint sitting of the Houses
   3. To vote in the House of which he or she is not a member
   4. To take part in a parliamentary committee of which he or she is named a member
   How many of the above are rights of ministers?

   1. AOnly one
   2. BOnly two
   3. COnly three
   4. DAll four
4. 4.

   Consider the following statements:
   1. In the U.N.R. Rao case (1971), the Supreme Court held that the council of ministers does not cease to hold office on the dissolution of the Lok Sabha.
   2. In the Shamsher Singh case (1974), the Supreme Court held that wherever the Constitution requires the satisfaction of the President, it means his or her personal satisfaction.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
5. 5.

   When Devi Lal's oath as Deputy Prime Minister was challenged in 1990, the Supreme Court held that

   1. Athe oath was unconstitutional because the Constitution does not provide for a Deputy Prime Minister
   2. Ba Deputy Prime Minister can exercise all the powers of the Prime Minister in the latter's absence
   3. Cthe oath had to be retaken as a Cabinet minister
   4. Dthe designation is descriptive only and confers no powers of the Prime Minister
6. 6.

   Consider the following pairs of ministers who resigned owing to differences with the cabinet:

   Minister	Issue
   1. Dr. B.R. Ambedkar	Hindu Code Bill
   2. C.D. Deshmukh	Policy of reorganisation of states
   3. Arif Mohammed	Muslim Women (Protection of Rights on Divorce) Act, 1986

   Which of the pairs given above is/are correctly matched?

   1. A1 only
   2. B1 and 2 only
   3. C2 and 3 only
   4. D1, 2 and 3
7. 7.

   With reference to the composition of the council of ministers, consider the following statements:
   1. Ministers of state with independent charge routinely attend cabinet meetings.
   2. Deputy ministers are not given independent charge of ministries or departments.
   3. Parliamentary secretaries are members of the council of ministers.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. C1 and 3 only
   4. D2 and 3 only
8. 8.

   Consider the following statements:
   1. The term 'cabinet' was inserted in Article 352 by the 44th Amendment Act of 1978.
   2. The council of ministers meets as a body to transact government business.
   3. The Salaries and Allowances of Ministers Act, 1952 defines a 'minister' to include a deputy minister.
   How many of the above statements are correct?

   1. AOnly one
   2. BOnly two
   3. CAll three
   4. DNone
9. 9.

   Match List I with List II:

   List I (Thinker)	List II (Description of the Cabinet)
   A. Ramsay Muir	1. 'The magnet of policy'
   B. Lowell	2. 'The solar orb around which the other bodies revolve'
   C. Gladstone	3. 'The steering wheel of the ship of the state'
   D. Barker	4. 'The keystone of the political arch'

   Select the correct answer using the code given below:

   1. AA-3, B-4, C-2, D-1
   2. BA-4, B-3, C-2, D-1
   3. CA-3, B-4, C-1, D-2
   4. DA-4, B-3, C-1, D-2
10. 10.

    Consider the following statements:
    Statement-I: The 'kitchen cabinet' is a constitutional body provided for under Article 74.
    Statement-II: The 'kitchen cabinet' may include outsiders such as friends and family members of the Prime Minister.
    Which one of the following is correct in respect of the above statements?

    1. ABoth Statement-I and Statement-II are correct and Statement-II explains Statement-I
    2. BBoth Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
    3. CStatement-I is correct but Statement-II is incorrect
    4. DStatement-I is incorrect but Statement-II is correct

1. 1.

   UPSC 2022

   Consider the following statements :
   1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
   2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.
   Which of the statements given above is/are correct ?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
2. 2.

   UPSC 2017

   Out of the following statements, choose the one that brings out the principle underlying the Cabinet form of Government :

   1. AAn arrangement for minimizing the criticism against the Government whose responsibilities are complex and hard to carry out to the satisfaction of all.
   2. BA mechanism for speeding up the activities of the Government whose responsibilities are increasing day by day.
   3. CA mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.
   4. DA device for strengthening the hands of the head of the Government whose hold over the people is in a state of decline.
3. 3.

   UPSC 2014

   Which of the following is/are the function/functions of the Cabinet Secretariat?
   1. Preparation of agenda for Cabinet Meetings
   2. Secretarial assistance to Cabinet Committees
   3. Allocation of financial resources to the Ministries
   Select the correct answer using the code given below.

   1. A1 only
   2. B2 and 3 only
   3. C1 and 2 only
   4. D1, 2 and 3
4. 4.

   UPSC 2014

   Consider the following statements :
   1. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
   2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
5. 5.

   UPSC 2013

   Consider the following statements :
   1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
   2. The Union Ministers shall hold the office during the pleasure of the President of India.
   3. The Prime Minister shall communicate to the President about the proposals for legislation.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 and 3 only
   3. C1 and 3 only
   4. D1, 2 and 3
6. 6.

   UPSC 2009

   With reference to Union Government, consider the following statements :
   1. The Constitution of India provides that all Cabinet Ministers shall be compulsorily the sitting members of Lok Sabha only.
   2. The Union Cabinet Secretariat operates under the direction of the Ministry of Parliamentary Affairs.
   Which of the statements given above is/are correct ?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
7. 7.

   UPSC 2009

   Which one of the following Constitutional Amendments states that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the People ?

   1. A90th
   2. B91st
   3. C92nd
   4. D93rd
8. 8.

   UPSC 2009

   With reference to Union Government, consider the following statements :
   1. The number of Ministries at the Centre on 15th August 1947 was 18.
   2. The number of Ministries at the Centre at present is 36.
   Which of the statements given above is/are correct ?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
9. 9.

   UPSC 2009

   With reference to Union Government, consider the following statements :
   1. The Ministries/Departments of the Government of India are created by the Prime Minister on the advice of the Cabinet Secretary.
   2. Each of the Ministries is assigned to a Minister by the President of India on the advice of the Prime Minister.
   Which of the statements given above is/are correct ?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
10. 10.

    UPSC 2008

    Department of Border Management is a Department of which one of the following Union Ministries?

    1. AMinistry of Defence
    2. BMinistry of Home Affairs
    3. CMinistry of Shipping, Road Transport and Highways
    4. DMinistry of Environment and Forests
11. 11.

    UPSC 2007

    Who among the following have been the Union Finance Minister of India?
    1. V. P. Singh
    2. R. Venkataraman
    3. Y. B. Chavan
    4. Pranab Mukherjee
    Select the correct answer using the code given below:

    1. A1, 2 and 3 only
    2. B1, 3 and 4 only
    3. C2 and 4 only
    4. D1, 2, 3 and 4
12. 12.

    UPSC 2007

    Assertion (A): The Council of Ministers in the Union of India is collectively responsible both to the Lok Sabha and the Rajya Sabha.
    Reason (R): The members of both the Lok Sabha and the Rajya Sabha are eligible to be the Ministers of the Union.

    1. ABoth A and R are true and R is the correct explanation of A
    2. BBoth A and R are true but R is not the correct explanation of A
    3. CA is true but R is false
    4. DA is false but R is true
13. 13.

    UPSC 2007

    Which of the Constitution Amendment Acts seeks that the size of the Council of Ministers at the Centre and in a State must not exceed 15 percent of the total number in the Lok Sabha and the total number of members of the Legislative Assembly of that State, respectively?

    1. A91st
    2. B93rd
    3. C95th
    4. D97th
14. 14.

    UPSC 2004

    Which of the following pairs is correctly matched? Departments : Ministry of the Government of India
    1. Department of Women and Child Development : Ministry of Health and Family Welfare
    2. Department of Official Languages : Ministry of Human Resource Development
    3. Department of Drinking Water Supply : Ministry of Water Resources
    Select the correct answer using the codes given below:

    1. A1
    2. B2
    3. C3
    4. DNone
15. 15.

    UPSC 1997

    If the Prime Minister of India belonged to the Upper House of Parliament

    1. Ahe will not be able to vote in his favour in the event of a no confidence motion
    2. Bhe will not be able to speak on the Budget in the Lower House
    3. Che can make statements only on the Upper House
    4. Dhe has to become a member of the Lower House within six months after being sworn in as the Prime Minister
16. 16.

    UPSC 1997

    Match List I with List II and select the correct answer by using the codes given below the lists:
    List I (Functionaries)
    I. President of India
    II. Judges of the Supreme Court
    III. Members of Parliament
    IV. Ministers for the Union
    List II (Oaths or affirmations)
    A) Secrecy of Information
    B) Faithful Discharge of Duties
    C) Faith and Allegiance to the Constitution of India
    D) Upholding the Constitution and the Law

    1. AI-C, II-D, III-A, IV-B
    2. BI-D, II-C, III-B, IV-A
    3. CI-C, II-D, III-B, IV-A
    4. DI-D, II-C, III-A, IV-B
17. 17.

    UPSC 1996

    Which one of the following statements is correct? The Prime Minister of India

    1. Ais free to choose his ministers only from among those who are members of either House of the Parliament
    2. Bcan choose his cabinet colleagues after due counselling by the President of India in this regard
    3. Chas full discretion in the choice of persons who are to serve as ministers in his cabinet
    4. Dhas only limited powers in the choice of his cabinet colleagues because of the discretionary power vested with the President of India
18. 18.

    UPSC 2014

    Consider the following statements regarding a No-Confidence Motion in India :
    1. There is no mention of a No-Confidence Motion in the Constitution of India.
    2. A Motion of No-Confidence can be introduced in the Lok Sabha only.
    Which of the statements given above is/are correct?

    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNeither 1 nor 2
19. 19.

    UPSC 2011

    When the annual Union Budget is not passed by the Lok Sabha,

    1. Athe Budget is modified and presented again
    2. Bthe Budget is referred to the Rajya Sabha for suggestions
    3. Cthe Union Finance Minister is asked to resign
    4. Dthe Prime Minister submits the resignation of Council of Ministers
20. 20.

    UPSC 2003

    Which one of the following statements is correct?

    1. AOnly the Rajya Sabha and not the Lok Sabha can have nominated members
    2. BThere is a constitutional provision for nominating two members belonging to the Anglo-Indian community to the Rajya Sabha
    3. CThere is no constitutional bar for a nominated member to be appointed Union minister
    4. DA nominated member can vote both in the Presidential election
21. 21.

    UPSC 2002

    Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers?

    1. A39th
    2. B40th
    3. C42nd
    4. D44th