Topic 05 of 6 · Chapter 09 · Indian Polity
Council of Ministers & Cabinet System
Types of ministers, Cabinet vs Council of Ministers, collective responsibility, Articles 74-75, and the 91st Amendment cap.
📋 In This Article
1. Types of Ministers
The Council of Ministers has three categories of ministers:
| Category | Description | Cabinet Meetings |
|---|---|---|
| Cabinet Ministers | Senior ministers who head important ministries (Finance, Home, Defence, External Affairs, etc.) | Attend Cabinet meetings; take collective decisions |
| Ministers of State (MoS) | Junior ministers — may have independent charge of a ministry or be attached to a Cabinet Minister | Generally do NOT attend Cabinet meetings (unless specifically invited) |
| Deputy Ministers | Assist Cabinet Ministers or MoS; rarely appointed in recent times | Do NOT attend Cabinet meetings |
⭐ Exam Fact: There is also a category called “Parliamentary Secretaries” — they assist ministers but are not part of the Council of Ministers. The Constitution does not mention Parliamentary Secretaries.
2. Cabinet vs Council of Ministers
| Feature | Cabinet | Council of Ministers |
|---|---|---|
| Composition | Only Cabinet Ministers (senior ministers) | All ministers — Cabinet + MoS + Deputy Ministers |
| Size | Smaller (usually 20-25 members) | Larger (can be up to 15% of Lok Sabha) |
| Meetings | Meets regularly to take policy decisions | Rarely meets as a whole body |
| Constitutional mention | Not mentioned in original Constitution (added by 44th Amendment) | Mentioned in Article 74 |
| Real power | Real decision-making body | Formal constitutional body |
💡 Key Idea: The Cabinet is the inner circle of the Council of Ministers. It is the real decision-making body. The Council of Ministers is the larger formal body. In practice, when we say “Cabinet decision,” we mean a decision taken by the Cabinet (not the full Council of Ministers).
3. Key Articles — 74 and 75
- Article 74: There shall be a Council of Ministers with the PM at the head to aid and advise the President. The President shall act in accordance with such advice. (The President can ask the Cabinet to reconsider its advice once, but must accept the reconsidered advice.)
- Article 75: The PM shall be appointed by the President. Other ministers shall be appointed by the President on the advice of the PM. The ministers shall hold office during the pleasure of the President. The Council of Ministers shall be collectively responsible to the Lok Sabha.
4. 91st Amendment — Size Cap
⭐ Exam Fact: The 91st Amendment (2003) added Article 75(1A) which provides that the total number of ministers, including the PM, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This was to prevent the formation of oversized cabinets.
15% of 543 (Lok Sabha strength) = approximately 81 ministers maximum.
The same provision applies to State Councils of Ministers — not more than 15% of the total strength of the State Legislative Assembly (minimum 12 ministers).
5. Collective and Individual Responsibility
Collective Responsibility (Article 75(3))
- All ministers stand or fall together
- If Lok Sabha passes a vote of no-confidence, all ministers must resign
- Ministers must publicly support all Cabinet decisions
- A minister who cannot support a Cabinet decision must resign
Individual Responsibility
- Each minister is individually responsible for their ministry
- A minister can be asked to resign for personal misconduct or failure in their ministry
- The PM can ask any minister to resign at any time
6. Key Points for Exam
🔑 Must-Remember Facts
- Three types of ministers: Cabinet, MoS, Deputy Ministers
- Cabinet: Only Cabinet Ministers; real decision-making body
- Council of Ministers: All ministers (Cabinet + MoS + Deputy)
- Article 74: Council of Ministers to aid and advise President
- Article 75(3): Collectively responsible to Lok Sabha
- 91st Amendment (2003): Council of Ministers max 15% of Lok Sabha
- 15% of 543 = approximately 81 ministers maximum
- State CoM: Max 15% of State Assembly; minimum 12 ministers
- Cabinet mentioned in Constitution by 44th Amendment
- Ministers hold office during pleasure of President