Council of ministers (CoM)/Ministers of State (MoS):

Why in News ? Narendra Modi was sworn in as Prime Minister for a third consecutive term, alongside 71 ministers. 30 Cabinet Ministers, five Ministers of State (MoS) with Independent Charge, and 36 MoS took the oath of office and secrecy. President Droupadi Murmu administered the oaths.

About council of ministers (CoM):

• The Council of Ministers (CoM), also known as the Union Cabinet, is the core executive body of the Indian government. It’s responsible for formulating and implementing national policies and programs.
• According to the 91st Constitutional Amendment Act 2003, The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15 percent of the total strength of the Lok Sabha.

Constitutional Framework:

• Articles 74 and 75 of the Indian Constitution provide the foundation for the CoM:

• Article 74(1): Establishes the CoM with the Prime Minister at the head to “aid and advise” the President in exercising their functions. The President is generally bound to act on the advice of the Council.
• Advice tendered by Ministers to the President shall not be inquired into in any court.

Article 75: Deals with the appointment, tenure, and responsibilities of the CoM members. It doesn’t specify the different ranks within the Council but empowers the President to appoint ministers on the advice of the Prime Minister.

Article 77: All executive action of the Government of India shall be expressed to be taken in the name of the President.

Article 78: It shall be the duty of the Prime Minister to communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation.

Composition of the CoM:

• The CoM is a multi-layered structure comprising:
• Prime Minister (PM): Leads the CoM and is the head of the government.
• Cabinet Ministers: Senior members who head important ministries like Defense, Finance, Home Affairs, etc. They collectively form the Cabinet, the key decision-making body within the CoM.
• Ministers of State (MoS): Junior ministers who assist Cabinet Ministers in managing their ministries.
• Ministers of State (Independent Charge) (MoS (I/C)): Hold a more prominent position compared to regular MoSs. They head a ministry independently and enjoy greater autonomy in decision-making.

Difference in Council of Ministers & cabinet: