This article has been written by Jigyasa Nain, a student studying BBA.LLB from Indian Institute of Management, Rohtak. The author is a 1st year law student.
Powers vested with Cabinet in India
Introduction
The Prime Minister and Cabinet Ministers make up the Cabinet Ministry of India, which is the highest executive body of the Indian Government. The Prime Minister, who is chosen by the President of India, leads the Cabinet, which is in charge of running the government. The President appoints the Cabinet Ministers on the Prime Minister’s recommendation, and they are responsible for such portfolios as finance, home affairs, defence, and external affairs, among others. The Cabinet is in charge of formulating crucial policy choices and carrying out legislation and initiatives to run the nation.
Importance of Cabinet Ministry
In India, the cabinet ministry is a significant institution because it is in charge of making major choices and carrying out laws that govern the nation. The prime minister is the head of the cabinet, which is composed of top government officials. The cabinet’s ministers are in charge of particular branches of government, like finance, military, and home affairs. They are responsible to the Prime Minister and the President of India and collaborate to make crucial choices that impact the entire nation. Overall, the cabinet is essential to the operation of the government and to determining the direction of the nation.
Powers
The Cabinet Ministry in India holds significant powers that include the ability to: –
- Formulate and implement government policies:
The cabinet is responsible for making key decisions on important issues that affect the country, such as economic policy, national security, and foreign affairs.
- Allocate resources:
The cabinet has the power to allocate funds and resources to different departments and programs, and to make decisions about the allocation of public services.
- Appoint officials:
The cabinet has the authority to appoint key officials, such as judges, ambassadors, and senior government officials.
- Pass legislation:
By introducing and approving bills in the parliament, the cabinet is a crucial player in the legislative process.
- Help President in making Decisions:
The Indian President is to be advised by the cabinet members on important issues of national significance.
- Control the administration:
The cabinet is in charge of ensuring that the government operates smoothly overall, including controlling and coordinating the efforts of various departments and agencies.
- Represent the government:
Both locally and abroad, the cabinet ministers speak on behalf of the government in numerous forums.
- Decide in emergency situations:
The cabinet has the authority to take the necessary actions to safeguard the country and its population.
Provisions under Indian Constitution
The powers and responsibilities of the cabinet ministry in India are outlined in several articles of the Indian Constitution. These include:
- According to Article 74(1), there shall be a Council of Ministers, presided over by the Prime Minister, to assist and counsel the President in the discharge of his duties.
- According to Article 75(1) and (3), the President shall designate the Prime Minister, who shall be the leader of the majority party in the Lok Sabha.
- According to Article 77(1), the President’s name must be explicitly stated for all executive actions taken by the Indian government, and all such activities must be carried out in accordance with the President’s orders.
- According to Article 78, the Lok Sabha will hold the council of ministers jointly accountable.
- According to Article 88, the Prime Minister is required to inform the President of all decisions made by the Council of Ministers regarding the management of Union matters and legislative initiatives.
- According to Article 352, the cabinet may recommend to the President that a national emergency be declared and that fundamental rights be suspended.
Together, these articles establish the functions of the government and define the function and authority of the cabinet ministry in India.
Cabinet Ministry: Shaping the Direction of the Country
The cabinet ministry in India plays an important role in the functioning of the government and in shaping the direction of the country. Some of the positive uses of the cabinet ministry include:
- Formulation and execution of policy:
The cabinet is in charge of making crucial judgements regarding significant matters that have an impact on the nation, such as economic policy, national security, and foreign affairs. This aids in giving the country a clear direction and putting into action policies that are in the best interests of the nation and its population.
- Resource distribution:
The cabinet has the authority to give money and resources to various departments and initiatives. This makes it possible for the government to offer the people necessary services and initiatives like infrastructure development, healthcare, and education.
- Government representation:
Both domestically and abroad, the cabinet ministers speak on behalf of the government in numerous forums. This aids in advancing national interests and fostering relations with foreign countries.
- Emergency Situations:
The cabinet has the authority to take the necessary actions to safeguard the country and its population during times of national emergency. This aids in preventing or limiting the harm brought on by calamities, conflicts, or other crises.
- Advising the President:
India’s cabinet ministers are in charge of giving the president advice on crucial issues of national significance. This makes it possible to guarantee that the President is knowledgeable and capable of making choices that are in the best interests of the nation and its people.
- Coordination:
The cabinet is in charge of overseeing and coordinating the actions of many ministries and agencies, as well as the general operation of the government. This aids in ensuring that the various branches of the government collaborate effectively and efficiently.
Criticism
There are several criticisms of the cabinet ministry provisions in India:
- Lack of accountability:
According to critics, the cabinet lacks public accountability because ministers are chosen by the President and Prime Minister rather than elected by the general public.
- Power concentration:
According to detractors, the cabinet system tends to concentrate authority in the hands of the prime minister and a select group of ministers rather than being more inclusive and representative of various populations and areas.
- Inefficiency:
According to critics, the cabinet system can be slow and ineffective since ministers may be unable to act quickly because of the requirement for cooperation and consensus among many ministries.
- Lack of representation for minority groups:
According to critics, the cabinet system does not effectively represent marginalised populations and minority groups because cabinet members frequently come from the political party in power rather than representing a range of viewpoints and interests.
- Lack of transparency:
Detractors claim that because the public may not have access to information regarding the decision-making process or the justification for particular policies, the cabinet system can be secretive and insufficiently accessible.
- Overuse of Emergency powers:
Critics claim that the government has exploited the article 352 emergency provisions, which has resulted in the suspension of fundamental rights while also being used for political purposes.
These critiques draw attention to the necessity of reforms to enhance the functionality of the Indian cabinet system and make it more accountable, effective, representative, transparent, and responsible.
Conclusion
Overall, the cabinet ministry has a significant impact on how the government runs and how the nation is steered. It has a great deal of room for change and development, and by addressing the complaints and difficulties, it can become more responsible, accountable, effective, and representative.
References
- https://unacademy.com/content/nda/study-material/general-knowledge/who-are-the-cabinet-ministers-of-india/
- https://cabsec.gov.in/aboutus/functions/
- https://unacademy.com/content/railway-exam/study-material/polity/all-about-the-powers-and-functions-of-the-cabinet/
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