Q. The Council of Ministers does not include
- Ministers of State
- Cabinet Secretary
- Cabinet Ministers
- Ministers without Portfolio
Answer: Cabinet Secretary
Union Council of Ministers
The Union Council of Ministers exercises executive authority in the Republic of India. It consists of senior ministers, called 'cabinet ministers', junior ministers, called 'ministers of state' and, rarely, deputy ministers.
It is led by the prime minister. A smaller executive body called the Union Cabinet is the supreme decision-making body in India. Only the prime minister and ministers of the rank of cabinet minister are members of Union Cabinet in accordance with Article 352.
There are five categories of council of ministers as given below, in descending order of rank:
- Prime minister
- Deputy prime minister (if any); presides as prime minister in his absence or as the senior most cabinet minister.
- Cabinet minister: member of cabinet; leads a ministry.
- Minister of state (independent charge): junior minister not reporting to a cabinet minister.
- Minister of state (MoS): junior minister reporting to a cabinet minister, usually tasked with a specific responsibility in that ministry.
Article 74 (Council of Ministers to aid and advise President)
- 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. - The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
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