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PIB – May 25 , 2019

Topics Covered – Parliament and State Legislatures

Constitutional Provisions of Council of Ministers in India

Context

  • Exercising powers vested in him under Article 75 (1) of the Constitution of India, the President of India appointed ShriNarendraModi to the office of Prime Minister of India following the 17th general elections for LokSabha.

Articles related to the council of ministers in India

  • Articles 74 & 75 of the constitution of India deal with the Council of Ministers and Prime Minister. These articles have below provisions.
  • Article 74(1) – There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. The president may require the council of ministers to reconsider such advice and president shall act in accordance with such advice reconsidered.
  • Article 74(2) – What advice was tendered to the president cannot be inquired into any court.
  • Article 75(1) – The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the prime Minister.
  • Article 75(2) – The Ministers shall hold office during the pleasure of the President.
  • Article 75(3) – The Council of Ministers shall be collectively responsible to the House of the People.
  • Article 75(4) – Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
  • Article 75(5) – A Minister must be a member of any of the houses within 6 months. Article 75(6): Parliament will decide the salary and allowances of the Ministers and until parliament decides, so shall be as specified in the Second Schedule.

Duties of Prime Minister

  • Indian constitution specified the duties of the Prime minister under the Article 78.
  • Article 78 – duties of prime minister as respects the furnishing of information to the president, etc.
  • It shall be the duty of the Prime Minister—
  1. 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,
  2. To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for, and
  3. If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Salient features of Representation of the People Act

  • Representation of Peoples Act 1950 (RPA Act 1950) offers for the following conduct
  1. Qualification of voters.
  2. Preparation of electoral rolls.
  3. Delimitation of constituencies.
  4. Allocation of seats in the Parliament and state legislatures.
  • The Representation of People Act, 1951 has great significance for good functioning of Indian egalitarianism because it checks the entry of persons with illegal background into the representative bodies.

Prominent features of the RPA

  1. Representation of People’s Act contains 13 parts (2 parts added as amendments). Each part is divided into different sections making it a total of 171 numbered sections.
  2. Chief Electoral Officer
  3. Corrupt practices
  4. Qualification and disqualification of candidates
  5. Election means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir.
  • The RPA (Amendment and Validation) bill was passed on September 2013.
  • The two major amendments were done in Bill that include –
  1. A person can file his nomination even though he is shunned from being voting owing to be in jail or in police custody during elections or before.
  2. In this act the grounds are clearly stated as disqualification can be on conviction for certain specified offences and can be on no other ground.
  • To summarize, The Representation of the People Act postulates the provisions for the allocation of seats, and the demarcation of constituencies for electoral purposes, in the House of the People and the Legislatures of States.
  • The qualifications of voters at such elections, the preparation of electoral rolls, and the manner of filling seats in the Council of States to be filled by representatives of Union territories and matters connected therewith.

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