Powers of the Council of Ministers
Powers of the Council of Ministers
1. Introduction
The Council of Ministers is a key constitutional body in many parliamentary systems, typically composed of the Prime Minister and other ministers. It exercises executive power and is responsible for the administration of government affairs.
2. Nature of the Council of Ministers
The Council acts as the principal executive authority.
It advises the head of state (e.g., President or Monarch) and generally acts collectively.
Ministers are responsible for various departments and policy areas.
Its decisions guide the functioning of the government and administration.
3. Key Powers of the Council of Ministers
Policy-making and administration: Formulating and implementing government policies.
Legislative function: Initiating and guiding legislation through Parliament.
Control of administration: Supervising government departments and agencies.
Advisory role: Advising the head of state on appointments, proclamations, and other executive actions.
Financial control: Preparing budgets and managing public finances.
Emergency powers: Exercising special powers during emergencies (subject to constitutional limits).
4. Landmark Case Laws on the Powers of the Council of Ministers
Case 1: S.R. Bommai v Union of India (1994) – India
Facts: The central government dismissed several state governments under Article 356, citing failure of constitutional machinery.
Issue: Scope of power of the Council of Ministers (Central Cabinet) in recommending President’s rule.
Judgment: The Supreme Court held that the Council of Ministers’ advice to the President is subject to judicial review and must be based on relevant material.
Significance: Established that the Council’s power to advise on dismissal of state governments is not absolute and is subject to constitutional limitations and review.
Case 2: Marbury v. Madison (1803) – United States
Facts: William Marbury petitioned for a writ of mandamus to compel delivery of his commission.
Issue: While not directly about a council, the case defines limits of executive power.
Judgment: Established the principle of judicial review limiting executive (and council) power by law.
Significance: Though the U.S. lacks a formal Council of Ministers, the case underlines that executive powers (which councils exercise collectively in parliamentary systems) are subject to law.
Case 3: R (Miller) v Prime Minister (2019) – UK
Facts: The UK Prime Minister advised the Queen to prorogue Parliament during Brexit negotiations.
Issue: Whether the Council of Ministers’ (Cabinet’s) advice to the Queen was lawful.
Judgment: The Supreme Court ruled the advice unlawful as it frustrated Parliament.
Significance: Emphasizes that executive advice (Council’s role) is subject to constitutional principles and legality.
Case 4: Kesavananda Bharati v State of Kerala (1973) – India
Facts: Challenged constitutional amendments affecting fundamental rights.
Issue: The extent of Council of Ministers’ power in proposing constitutional changes.
Judgment: While Parliament can amend the Constitution, such power is limited by the ‘basic structure doctrine’.
Significance: Limits the Council’s power in shaping legislation and constitutional amendments.
Case 5: Ashok Kumar Thakur v Union of India (2008)
Facts: The government passed legislation providing reservations for OBCs.
Issue: Role of the Council of Ministers in formulating affirmative action policies.
Judgment: Court upheld the government’s authority to propose and implement such policies.
Significance: Affirms the Council’s policymaking power within constitutional bounds.
Case 6: R. v Secretary of State for the Home Department, ex parte Fire Brigades Union (1995) – UK
Facts: The Home Secretary refused to implement a compensation scheme approved by Parliament.
Issue: Whether the Council of Ministers (Cabinet) can refuse to implement parliamentary policies.
Judgment: The court ruled against the executive’s refusal, underscoring limits on executive discretion.
Significance: Shows that the Council of Ministers must act in accordance with Parliament and law.
5. Summary
The Council of Ministers wields substantial executive and policy-making powers, but these are exercised within the framework of the constitution and subject to judicial review. The council acts collectively to administer government affairs, propose legislation, and guide national policy, but must respect constitutional limits, parliamentary sovereignty, and legal principles.
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