Cabinet reshuffle

Cabinet reshuffle

Subject: Polity

Context: The biggest reshuffle in Prime Minister Narendra Modi’s two terms inducted 15 new Cabinet rank Ministers and 28 Ministers of State (MoS).

Appointment of minister

• Article 75 governs appointment of ministers
• 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, the President can appoint only those persons as ministers
• The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91^st Amendment Act of 2003.
• The ministers shall hold office during the pleasure of the President. .
• The President shall administer the oaths of office and secrecy to a minister.
• A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall cease to be a minister.
• The salaries and allowances of ministers shall be determined by the Parliament
• The members of Parliament, either Lok Sabha or Rajya Sabha, are appointed as ministers. A person who is not a member of either House of Parliament can also be appointed as a minister. But, within six months, he must become a member (either by election or by nomination) of either House of Parliament, otherwise, he ceases to be a minister.

Resignation

• The President removes a minister only on the advice of the Prime Minister. In case of a difference of opinion or dissatisfaction with the performance of a minister, the Prime Minister can ask him to resign or advice the President to dismiss him. By exercising this power, the Prime Minister can ensure the realisation of the rule of collective responsibility(Ar.75)
• If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Several ministers have resigned in the past owing to their differences with the cabinet. For example, Dr BR Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in 1953.
• If any minister refuses to a decision can resign by a resignation letter to president
• A minister may also resign if asked by the prime minister as he has the power to reshuffle his cabinet and council minister.
• The Prime minister allocates and reshuffles portfolios amongst them. He can ask the minister to resign or tell the president to dismiss him.
• The Prime Minister supervises activities of all ministers. His resignation or death leads to dissolution of the council of ministers.
• Council of ministers is a team that sinks or swims together. So if the Lok Sabha passes a no confidence motion against the Council of ministers then all have to resign. Only the Lok Sabha can pass the motion of no confidence; it can’t be against a single minister but the entire Council of ministers only.