The Role of the Cabinet in Advising the President: Insights from the U.S. and India

When it comes to advising the president and running offices that are part of the executive branch, the cabinet plays a critical role. Similar to the position of the cabinet in India, which is broadly based on the British model, the United States also relies on a cabinet to assist and advise the president in running the government. This article explores the role of the cabinet, specifically comparing the systems in the U.S. and India, highlighting their unique characteristics, responsibilities, and the impact of constitutional provisions.

Cabinet in the U.S. and India: A Comparative Study

In the Indian context, broadly based on the English model, the cabinet serves as a council of ministers. This council is vital in advising the president in various capacities and ensuring the smooth running of government offices. The council of ministers, as defined by the Indian Constitution, comprises of ministers who are collectively responsible to the Lok Sabha, India's lower house of cabinet's role involves not only advising the president but also running executive branch offices and reporting directly to the president.

Constitutional Framework of the Cabinet in India

Two articles in the Indian Constitution, Article 74 and Article 75, deal with the Council of Ministers. Article 74 specifies that the Council of Ministers, headed by the Prime Minister, ultimately aids and advises the President on all matters.

Article 75 provides more detailed information about the composition and responsibilities of these ministers:

They are appointed by the President on the advice of the Prime Minister. Together with the Prime Minister, they make up no more than 15% of the total number of members of the Lok Sabha. They must be members of either the Lok Sabha or Rajya Sabha, the upper house of parliament. A minister ceases to exist if they are not a member of either house of parliament for six consecutive months.

The 91st Amendment Act introduced additional provisions regarding the disqualification of ministers if they stand disqualified as members of parliament. Similarly, the Parliament decides on the salary and allowances of the Council of Ministers.

The Advisory Role and Responsibilities of the Cabinet

The advisory role of the cabinet is legally binding on the President. This principle was established through the 42nd and 44th Amendment Acts, which also stipulate that the advice given by the cabinet cannot be subject to judicial inquiry. This underscores the critical importance of the cabinet’s role in decision-making within the executive branch.

The System of Collective Responsibility

Under Article 75(3), the council of ministers is collectively responsible to the Lok Sabha. This collective responsibility means that if the ministry fails to receive confidence in the Lok Sabha due to the rejection of a Money Bill, Finance Bill, or a significant policy measure, or if a motion of no-confidence is passed, the entire ministry must resign. Similarly, when confidence is lost, the entire ministry, including those from the Rajya Sabha, is obligated to step down.

Types of Ministers in India

The Indian cabinet comprises four types of ministers:

Cabinet Ministers: These ministers lead the cabinet and participate in every meeting. Minister of State with independent charge (MoS w/ IC): These ministers do not work under a cabinet minister. They are only called to attends Cabinet meetings on matters of their department. Minister of State (MoS): These ministers do not have independent charge of any department and work under a cabinet minister. Deputy Minister: These ministers work under either a cabinet minister or a minister with independent charge.

The British Cabinet System: A Constitutional Framework with Unwritten Rules

Unlike the Indian and American systems, the British cabinet is based on conventions rather than a written constitution. The United Kingdom's constitution is essentially a collection of unwritten rules and practices rather than a single document. This unique system relies heavily on conventions and precedents to govern the country.

The British cabinet is a group of senior government ministers who work together to advise the monarch or, in practice, the prime minister. The cabinet is responsible for making decisions on major policy issues and ensuring the smooth running of the government.

The convention of collective responsibility is a fundamental principle in the British cabinet system. This principle holds that the entire cabinet must support the decisions and actions of the prime minister. If the cabinet loses the confidence of parliament, the prime minister and the entire cabinet must resign. This can happen through a vote of no-confidence in the House of Commons or if a significant policy measure is rejected by parliament.

The British cabinet system is more flexible and adaptable due to its unwritten nature. However, it operates within a framework of well-established conventions and practices that have developed over time. Unlike the Indian and American systems, which are governed by specific constitutional provisions, the British system relies on long-standing traditions and understandings to govern the country.

Conclusion

The role of the cabinet in advising the president is crucial in both the Indian and American systems of government. These cabinets, whether appointed by the president (in the case of the United States) or the prime minister (in the Indian context), are responsible for making key decisions and running the executive branch offices. The system of collective responsibility, while different in its implementation, ensures that the cabinet remains accountable to the legislative body, providing a balance of power and accountability within the government.