COUNCIL OF MINISTERS
- Types of Ministers in the Council of Ministers:
- Cabinet Minister
- Minister of State
- Deputy Minister
- Parliamentary Secretary
- Constitutional Provisions:
- Article 164: The Governor constitutes the Council of Ministers based on the advice of the Chief Minister.
- Article 164(1)(a): The Council of Ministers, including the Chief Minister, cannot exceed 15% of the total number of members of the Legislative Assembly.
- Minimum Members: The Council must have at least 12 members (11 Ministers + 1 Chief Minister), except in Sikkim, Mizoram, and Goa.
- Article 164(1)(a) – Defection: A member disqualified for defection cannot become a minister.
- Responsibilities:
- The Council of Ministers is collectively responsible to the Legislative Assembly, ensuring they act as a unified body in governance.
- Oath of Office: Ministers take an oath of office and secrecy administered by the Governor.
- Salary and Allowances: These are fixed by the State Legislature.
- Tenure: Indefinite, but they usually serve for 5 years or during the Governor’s pleasure.
Key Principles:
- Collective Responsibility:
- Decisions in the cabinet are generally taken unanimously. In case of differing opinions, decisions are made through mutual consultation.
- All decisions are considered collective, and the entire Council is responsible for them.
- Confidentiality:
- Each member takes an oath of confidentiality. Cabinet decisions are to be kept secret, and violation of this confidentiality requires the resignation of the minister involved.
Functions and Powers of the Council of Ministers:
- Policy Formulation: Responsible for creating policies that guide the state’s governance.
- Addressing Social and Economic Issues: Find solutions to the state’s key social and economic challenges.
- Legislative Responsibilities: Responsible for law-making and introducing bills in the Legislative Assembly.
- Budget Preparation: Play a vital role in preparing the state’s budget.
- Advisory Role to the Governor: The Council advises the Governor on appointments to important positions.
- Control Over Personnel Administration: Exercise authority over the state’s personnel and administrative functions.
- Answering Legislative Questions: Responsible for addressing any questions raised by legislators in the Assembly.
Difference Between the Council of Ministers and the Cabinet:
- Size:
- Council of Ministers: Includes all types of ministers and is larger.
- Cabinet: Includes only senior, key ministers and is smaller.
- Members:
- Council of Ministers: All members (Cabinet, Ministers of State, Deputy Ministers, and Parliamentary Secretaries).
- Cabinet: Only the Cabinet Ministers, who hold significant portfolios.
- Roles:
- Council of Ministers: Responsible for broader government administration.
- Cabinet: The decision-making core of the Council, focusing on key policies and governance.
- Maximum Size:
- Council of Ministers: Constitutionally limited to 15% of the total strength of the Legislative Assembly.
- Cabinet: No fixed limit; it’s decided by the Chief Minister based on need.
Additional Facts:
- 91st Constitutional Amendment (2003): Limits the size of the Council of Ministers to 15% of the Legislative Assembly’s strength, with a minimum of 12 members. This amendment took effect on January 1, 2004.
- Current Council of Ministers in Rajasthan: Comprises the Chief Minister, 10 Cabinet Ministers, and 10 Ministers of State, totaling 21 members.
- Kitchen Cabinet (Internal Cabinet): Composed of 2-4 loyal ministers closely trusted by the Chief Minister, often influencing key decisions.
- Shadow Cabinet: Formed by the opposition party to monitor the government’s decisions. First inaugurated in Rajasthan’s 13th Assembly by Smt. Vasundhara Raje.
- History of Ministerial Roles in Rajasthan:
- The posts of Minister of State and Parliamentary Secretary were first introduced in the 4th Legislative Assembly (1967-1972) under the Chief Ministership of Mohanlal Sukhadia.
Additional Facts about the State Council of Ministers:
- Eligibility to Become a Minister:
- A person can be appointed as a minister even if they are not a member of the state legislature, but they must be elected to either the Legislative Assembly or Legislative Council within six months. If not, they must resign from their ministerial position.
- Resignation and Removal:
- A minister can resign voluntarily or be removed by the Governor on the advice of the Chief Minister.
- Ministers are collectively accountable to the Legislative Assembly, meaning that a vote of no-confidence in the Assembly can result in the resignation of the entire Council of Ministers.
- Cabinet Meetings:
- The Cabinet, the core group within the Council of Ministers, meets regularly to discuss and decide on major policies, legislative proposals, and government programs.
- Cabinet meetings are presided over by the Chief Minister and involve discussions on the governance of the state, addressing social and economic challenges, and formulating the state’s policies.
Functions and Responsibilities of Cabinet Ministers:
- Formulation of Policies:
- Cabinet Ministers are responsible for formulating and approving key policies that govern the state’s economic, social, and political landscape.
- Administration of Departments:
- Each minister is in charge of a particular portfolio, such as health, education, agriculture, or finance. They oversee the functioning of their departments and ensure policies are implemented efficiently.
- Advising the Governor:
- The Council of Ministers advises the Governor on key appointments, including constitutional positions like the Advocate General and State Election Commissioner, as well as recommending ordinances during legislative recesses.
- Budget Approval:
- The Cabinet is responsible for preparing the annual state budget. The Finance Minister presents the budget to the Legislative Assembly, and the Cabinet ensures proper allocation of resources.
- Answerability to the Legislature:
- Ministers are responsible for answering questions from members of the Legislative Assembly during sessions. They must explain the government’s actions, policies, and decisions to the Assembly and justify them if questioned.
- Law-Making:
- While the Legislative Assembly passes laws, the Cabinet plays a crucial role in initiating and steering legislation, particularly bills related to the state’s finances, development, and administration.
Principles of Cabinet Government:
- Cabinet Solidarity:
- Once the Cabinet takes a decision, all ministers are expected to support it publicly, even if they privately disagreed during discussions. This principle ensures the government presents a united front.
- Collective Responsibility:
- The entire Council of Ministers is collectively responsible for government policies and decisions. If the Assembly loses confidence in the Council, all ministers, including the Chief Minister, must resign.
- Confidentiality:
- Cabinet meetings are conducted behind closed doors, and the discussions are kept confidential. Breaches of confidentiality could result in the resignation of the minister involved, as it undermines trust and the functioning of the government.
Additional Information about the Ministerial System in Rajasthan:
- Kitchen Cabinet (Internal Cabinet):
- The Kitchen Cabinet is an informal group of close and loyal ministers, usually consisting of 2 to 4 trusted ministers, who are consulted by the Chief Minister on key decisions. These ministers wield significant influence within the state government.
- Shadow Cabinet:
- A Shadow Cabinet is formed by the opposition party to mirror the sitting government’s Cabinet. It scrutinizes and challenges the government’s policies. In Rajasthan, the concept was introduced by Smt. Vasundhara Raje during her time in the opposition.
- 91st Constitutional Amendment (2003):
- This amendment introduced a cap of 15% on the number of ministers, relative to the total membership of the Legislative Assembly, to curb excessive ministerial appointments and promote efficiency in governance.
Key Ministerial Positions in Rajasthan:
- Cabinet Ministers: These are the most senior ministers, typically in charge of important departments like Finance, Home, and Education.
- Ministers of State: These are junior ministers who assist Cabinet Ministers in their respective departments. They may handle smaller portfolios or assist in large ministries.
- Deputy Ministers: These ministers usually assist a Cabinet or State Minister and handle specific aspects of a department’s work.
- Parliamentary Secretaries: They are appointed to assist ministers in managing legislative business and policy matters but do not hold independent charge of a ministry.
Role of the Governor in Relation to the Council of Ministers:
- The Governor appoints ministers based on the recommendation of the Chief Minister and ensures the proper functioning of the Council of Ministers.
- The Governor also administers the oath of office and secrecy to the ministers and holds discretionary powers in certain cases, such as a hung assembly or a minister losing their seat in the legislature.
State-Level Coordination and National-Level Representation:
- Inter-State Council: The Chief Minister and senior ministers represent Rajasthan in the Inter-State Council, a constitutional body that facilitates coordination between states and the central government on policies, disputes, and resource sharing.
- NITI Aayog: The Chief Minister and ministers may participate in meetings of NITI Aayog, the central government’s policy think-tank, which focuses on strategic planning for national and state-level development.
Key Questions Asked in Previous Years
- The State Council of Ministers is collectively responsible to:
- (a) Governor
- (b) Legislative Assembly
- (c) Parliament
- (d) The people of the state
- If a person becomes a minister but is not a member of the state legislature, what is the constitutional provision?
- (a) They must be elected within six months.
- (b) They must resign.
- (c) They are removed by the Governor.
- (d) They are removed by a no-confidence motion.
- Before whom does the ‘Parliamentary Secretary’ take an oath or affirmation in the state?
- (a) Governor
- (b) Chief Minister
- (c) Speaker of the Legislative Assembly
- (d) Chief Justice of the High Court
- Which amendment to the Constitution added the provision limiting the number of ministers in the Council of Ministers, including the Chief Minister?
- (a) 89th Amendment
- (b) 93rd Amendment
- (c) 98th Amendment
- (d) 91st Amendment
- What percentage of the total number of members in the Legislative Assembly, including the Chief Minister, can be in the Council of Ministers in Rajasthan?
- (a) 10%
- (b) 15%
- (c) 20%
- (d) 25%
- What is the maximum number of ministers allowed in the Council of Ministers in Rajasthan?
- (a) Determined by the wishes of the Chief Minister.
- (b) Determined by the Governor.
- (c) Up to 15% of the Legislative Assembly’s strength.
- (d) 15 ministers from the ruling party.
- When was the post of Minister of State and Parliamentary Secretary introduced in Rajasthan?
- (a) Fourth Assembly
- (b) Seventh Assembly
- (c) Fifth Assembly
- (d) Third Assembly
Questions Asked in Previous Years (Continued):
- What happens if a minister is not a member of the Legislative Assembly at the time of appointment?
(a) Must be elected within six months
(b) Must resign immediately
(c) Governor removes them from the post
(d) Vote of no-confidence leads to removal - Which amendment set the limit on the size of the Council of Ministers?
(a) 89th Amendment
(b) 91st Amendment
(c) 98th Amendment
(d) 93rd Amendment - What percentage of members of the Legislative Assembly, including the Chief Minister, can be in the Council of Ministers in Rajasthan?
(a) 10%
(b) 15%
(c) 20%
(d) 25% - What is the maximum size of the Council of Ministers in Rajasthan?
(a) Up to 15% of the strength of the Legislative Assembly
(b) Determined by the Chief Minister
(c) Determined by the Governor
(d) 15 members from the ruling party - In which Assembly session was the post of Minister of State and Parliamentary Secretary introduced in Rajasthan?
(a) Fourth Assembly
(b) Seventh Assembly
(c) Fifth Assembly
(d) Third Assembly