Nature of Advice by Ministers

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Nature of Advice by Ministers

 

  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: Provided that the President may require the council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
  2. The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

 

Appointment of Ministers

 While the Prime Minister is selected by the President, the other Ministers are appointed by the President on the advice of the Prime Minister (Art. 75.1) and the allocation of portfolios amongst them is also made by him.

Further, the President’s power of dismissing an individual Minister is a virtual power at the hands of the Prime Minister. In selecting the Prime Minister, too, the President must obviously be restricted to the leader of the party in majority in the House of the People, or, a person who is in a position to win the confidence of the majority in that House.

The President is the Head of the State and the Chief Executive of the Indian Union but for all practical purposes the real executive authority is vested in the Prime Minister and his/her Council of Ministers.

 

Oath and Salaries of Ministers

Before a minister takes over his office, the President administers to him the oath of office and secrecy.

Form of oath of office for a Minister for the Union:-

 

“I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Consitution and the law, without fear or favour, affection or ill-will.”

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