Misplaced Pages

#555444

66-455: The Union Council of Ministers is the principal executive organ of the Government of India , which functions as the senior decision-making body of the executive branch. It is chaired by the prime minister and consists of the heads of each of the executive government ministries. Currently, the council is headed by prime minister Narendra Modi and consists of 71 fellow members. The council

132-526: A conscience vote where any MP may vote as they wish, but these issues are rare and never tied to official party policy, and normally party discipline is very tight. In Canada , the cabinet is on rare occasion allowed to freely vote its conscience and to oppose the government without consequence, as occurred with the vote on capital punishment under Brian Mulroney . These events are rare and are never on matters of confidence . The most prominent Canadian cabinet minister to resign because he could not vote with

198-556: A council of ministers , or the similar council of state . Some German-speaking areas use the term " senate " (such as the Senate of Berlin ) for their cabinet, rather than the more common meaning of a legislative upper house. However, a great many countries simply call their top executive body the cabinet, including Israel , the United States , Venezuela , and Singapore , among others. The supranational European Union uses

264-547: A parliamentary system (e.g., the United Kingdom ), the cabinet collectively decides the government's direction, especially in regard to legislation passed by the parliament . In countries with a presidential system , such as the United States , the cabinet does not function as a collective legislative influence; rather, their primary role is as an official advisory council to the head of government. In this way,

330-566: A clearer separation of the executive and the legislature in policy-making. The United States president's cabinet members cannot simultaneously serve in Congress , and therefore cannot vote on legislation supported by the executive. The president instead has veto power over legislation passed by Congress. Cabinet unity and collective agreement between members are important to cabinet stability and party politics, but cabinet members do not have to publicly support legislation proposed or supported by

396-483: A considerable period after the particular cabinet disbands, depending on provisions of a nation's freedom of information legislation. In theory the prime minister or premier is first among equals . However, the prime minister is ultimately the person from whom the head of state will take advice (by constitutional convention) on the exercise of executive power , which may include the powers to declare war, use nuclear weapons, and appoint cabinet members. This results in

462-468: A country is, the smaller is its cabinet. A council of advisers of a head of state has been a common feature of government throughout history and around the world. In Ancient Egypt , priests assisted the pharaohs in administrative duties. In Sparta , the Gerousia , or council of elders, normally sat with the two kings to deliberate on law or to judge cases. The Maurya Empire under the emperor Ashoka

528-619: A different convention: the European Commission refers to its executive cabinet as a " college ", with its top public officials referred to as " commissioners ", whereas a " European Commission cabinet " is the personal office of a European Commissioner. The term comes from the Italian gabinetto , which originated from the Latin capanna , which was used in the sixteenth century to denote a closet or small room. From it originated in

594-575: A few governments, as in the case of Mexico , the Philippines , the UK, and the U.S., the title of " secretary " is also used for some cabinet members ("Secretary of Education", or "Secretary of State for X" in the UK or the Netherlands ). In many countries (e.g. Germany, Luxembourg , France , Spain , etc.), a secretary (of State) is a cabinet member with an inferior rank to a minister. In Finland ,

660-549: A minister about cabinet meetings at which controversial proposals had been discussed. The Supreme Court ruled in 1993 that such discussions could not be disclosed because Article 28.4.2° required absolute confidentiality of cabinet discussions (though not of decisions which were formally recorded). The Seventeenth Amendment of the Constitution was passed by referendum in 1997 to add Article 28.4.3°, which allows such disclosures in exceptional circumstances. In New Zealand,

726-410: A partisan ministry. It rests on the notion that the executive ought to appear a collective entity, able to maintain cohesion and display political strength". In Australia, cabinet collective responsibility is fundamental to cabinet confidentiality, but also to protect private information from becoming public and possibly threatening national security . Cabinet solidarity is not a legal requirement, but

SECTION 10

#1732791693556

792-459: A political convention and practiced norm. There is no written law that upholds cabinet collective responsibility, but it is deeply ingrained in Australia's cabinets as a political norm and is therefore an important aspect of the collective strength and influence of the prime minister's administration. Occasionally on highly controversial issues such as the 1999 republic referendum , there may be

858-464: A president who is also head of government and political leader may depart from the cabinet's advice if they do not agree with it. In practice, in nearly all parliamentary democracies that do not follow the Westminster system, and in three countries that do ( Japan , Ireland , and Israel ), very often the cabinet does not "advise" the head of state as they play only a ceremonial role. Instead, it

924-468: A presidential system, as used, for example, in the United States, a parliamentary system's executive and legislative branches are intertwined. Because of the fusion of powers of the executive and legislative branches the prime minister relies on the cabinet to always support policy decisions. A breach of cabinet collective responsibility, such as when a cabinet member publicly disagrees with an executive decision, results in resignation or termination from

990-418: A presidential system, the cabinet in a parliamentary system must not only be confirmed, but enjoy the continuing confidence of the parliament: a parliament can pass a motion of no confidence to remove a government or individual ministers. Often, but not necessarily, these votes are taken across party lines. In some countries (e.g. the U.S.) attorneys general also sit in the cabinet, while in many others this

1056-468: A presidential system. The legislature may also remove a cabinet member through a usually difficult impeachment process. In the cabinet, members do not serve to influence legislative policy to the degree found in a Westminster system; however, each member wields significant influence in matters relating to their executive department . Since the administration of Franklin D. Roosevelt , the President of

1122-437: A secretary of state is a career official that serves the minister. While almost all countries have an institution that is recognisably a cabinet, the name of this institution varies. In many countries, (such as Ireland , Sweden , and Vietnam ) the term "government" refers to the body of executive ministers; the broader organs of state having another name. Others, such as Spain , Poland , and Cuba , refer to their cabinet as

1188-878: A supreme council of elite lords. In the Songhai Empire , the central government was composed of the top office holders of the imperial council. In the Oyo Empire , the Oyo Mesi , or royal council, were members of the aristocracy who constrained the power of the Alaafin , or king. During the Qing dynasty , the highest decision-making body was the Deliberative Council . In the United Kingdom and its colonies, cabinets began as smaller sub-groups of

1254-410: Is a group of people with the constitutional or legal task to rule a country or state, or advise a head of state, usually from the executive branch . Their members are known as ministers and secretaries and they are often appointed by either heads of state or government. Cabinets are typically the body responsible for the day-to-day management of the government and response to sudden events, whereas

1320-595: Is agreed upon by the participating parties. It is distinct from party platforms and details the compromises that parties made in order to cooperate. If a party fails to follow the government platform, other parties in the government can pull the plug and force the entire government to resign. Article 28.4.2° of the Constitution of Ireland states: In 1992, the Beef Tribunal was investigating allegations of political corruption, and wanted to take evidence from

1386-820: Is answerable to the Parliament of India . A smaller executive body called the Union Cabinet is the supreme decision-making body in India; it is a subset of the Union Council of Ministers who hold important portfolios and ministries of the government. Pursuant to Article 75(3) , the Council of Ministers is responsible collectively to the lower house of the Indian parliament , called the Lok Sabha (House of

SECTION 20

#1732791693556

1452-541: Is automatically stripped off his or her ministerial post. There are five categories of the council of ministers as given below, in descending order of rank : Pursuant to Article 75 , a minister who works at the pleasure of the president , is appointed by the President on the advice of the Prime Minister. Since at least the turn of the millennia, evidence indicates that an MP 's electoral performance enhances

1518-486: Is eligible for nomination to cabinet based on electoral outcomes. For instance in the Philippines, candidates who have lost in any election in the country may not be appointed to cabinet positions within one (1) year of that election. The candidate prime minister and/or the president selects the individual ministers to be proposed to the parliament, which may accept or reject the proposed cabinet composition. Unlike in

1584-496: Is more likely to avoid contradictions and disagreements between cabinet members of the executive branch. Cabinet ministers are likely to feel there is a practical and collective benefit from being part of a team. Cabinet collective responsibility to the people also benefits party and personal loyalty to the prime minister. Solidarity within the cabinet can strengthen the prime minister's party and accelerate policy decisions and interests of that party. Presidential democracies often lack

1650-459: Is not circumvented by appointing Ministers outside of Cabinet, as has occurred in New Zealand where, from 2005 to 2008, Winston Peters and Peter Dunne were Ministers outside of Cabinet, despite their parties not being considered part of a coalition. In non-parliamentary governments like that of the United States, cabinet collective responsibility is not formally practiced. This is due to

1716-475: Is strictly prohibited, as the attorneys general are considered to be part of the judicial branch of government. Instead, there is a Minister of Justice , separate from the attorney general. Furthermore, in Sweden, Finland, and Estonia , the cabinet includes a Chancellor of Justice , a civil servant that acts as the legal counsel to the cabinet. In multi-party systems , the formation of a government may require

1782-477: Is usually the head of government (usually called " prime minister ") who holds all means of power in their hands (e.g. in Germany , Sweden , etc.) and to whom the cabinet reports. In both presidential and parliamentary systems, cabinet officials administer executive branches, government agencies, or departments. Cabinets are also important originators for legislation. Cabinets and ministers are usually in charge of

1848-430: The 2003 Iraq War ; however, she later resigned. Prime Minister David Cameron suspended the cabinet collective responsibility doctrine for the 2016 EU referendum , following the precedent set by Harold Wilson in 1975. Prominent cabinet ministers including Michael Gove and Chris Grayling opted to make use of the relaxation by campaigning to leave. A parliamentary system that uses cabinet collective responsibility

1914-531: The English Privy Council . The term comes from the name for a relatively small and private room used as a study or retreat. Phrases such as "cabinet counsel", meaning advice given in private to the monarch, occur from the late 16th century, and, given the non-standardised spelling of the day, it is often hard to distinguish whether "council" or "counsel" is meant. The Oxford English Dictionary credits Francis Bacon in his Essays (1605) with

1980-472: The House of Lords . Once selected as cabinet ministers, each minister leads one of the government departments. Cabinet ministers respond to oral questions from MPs . The cabinet members, along with the Prime Minister, schedule weekly closed door sessions to discuss the collective stance of the cabinet to avoid inconsistent responses from cabinet ministers. The solidarity of the cabinet is consistently challenged by

2046-476: The President to propose a proclamation of emergency by the president in accordance with Article 352 . According to the Constitution of India , the total number of ministers in the council of ministers must not exceed 15% of the total number of members of the Lok Sabha. Ministers must be members of parliament. Any minister who is not a member of either of the houses of the parliament for six consecutive months

Union Council of Ministers - Misplaced Pages Continue

2112-587: The politburo , such as the Politburo of the Communist Party of the Soviet Union . This is an organ of the communist party and not a state organ, but due to one-party rule, the state and its cabinet (e.g. Government of the Soviet Union ) are in practice subordinate to the politburo. Technically, a politburo is overseen and its members selected by the central committee , but in practice it was often

2178-474: The president obtains opinions and advice relating to forthcoming decisions. Legally, under both types of system, the Westminster variant of a parliamentary system and the presidential system, the cabinet "advises" the head of state: the difference is that, in a parliamentary system, the monarch , viceroy , or ceremonial president will almost always follow this advice, whereas, in a presidential system,

2244-520: The 1600s the English word cabinet or cabinett which was used to denote a small room, particularly in the houses of nobility or royalty. Around this time the use of cabinet associated with small councils arose both in England and other locations such as France and Italy. For example, Francis Bacon used the term Cabanet Counselles in 1607. In presidential systems such as the United States, members of

2310-619: The 1930s when in Britain the National Government allowed its Liberal members to oppose the introduction of protective tariffs ; and again when Harold Wilson allowed Cabinet members to campaign both for and against the 1975 referendum on whether the UK should remain in the European Economic Community . In 2003, Tony Blair allowed Clare Short to stay in the cabinet, despite her public opposition to

2376-549: The Cabinet. Cabinet collective responsibility is related to the fact that if a vote of no confidence is passed in parliament , the government is responsible collectively, and thus the entire government resigns. The consequence will be that a new government will be formed or parliament will be dissolved and a general election will be called. Cabinet collective responsibility is not the same as individual ministerial responsibility , which states that ministers are responsible for

2442-502: The People). When a bill introduced by a minister in the Lok Sabha is not approved by it, the entire council of ministers is responsible and not the minister. The council of ministers upon losing the confidence of Lok Sabha shall resign to facilitate the formation of a new government. A minister shall take any decision without being considered by the council of ministers per Article 78(c) . All union cabinet members shall submit in writing to

2508-540: The United States has acted most often through his own executive office or the National Security Council rather than through the cabinet as was the case in earlier administrations. Although the term "Secretary" is usually used to name the most senior official of a government department, some departments have different titles to name such officials. For instance, the Department of Justice uses

2574-401: The United States , a cabinet under a presidential system of government is part of the executive branch. In addition to administering their respective segments of the executive branch, cabinet members are responsible for advising the head of government on areas within their purview. They are appointed by and serve at the pleasure of the head of government and are therefore strongly subordinate to

2640-448: The ability to pass legislation quickly in times of emergency or instances of national security . Because cabinet collective responsibility forces the cabinet ministers to publicly agree with the prime minister's decisions, political debate and internal discourse is hindered. When disagreements occur within a cabinet dependent on collective responsibility, negotiating collective agreements can be difficult. Cabinet collective responsibility

2706-439: The cabinet are chosen by the president, and may also have to be confirmed by one or both of the houses of the legislature (in the case of the U.S., it is the Senate that confirms members with a simple majority vote). Depending on the country, cabinet members must, must not, or may be members of parliament. The following are examples of this variance: Some countries that adopt a presidential system also place restrictions on who

Union Council of Ministers - Misplaced Pages Continue

2772-432: The cabinet or junior ministers, must publicly support the policy of the government, regardless of any private reservations. Although, in theory, all cabinet decisions are taken collectively by the cabinet, in practice many decisions are delegated to the various sub-committees of the cabinet, which report to the full cabinet on their findings and recommendations. As these recommendations have already been agreed upon by those in

2838-448: The cabinet was John Turner , who refused to support wage and price controls . In Canada, party discipline is much tighter than in other Westminster-system countries; it is very rare for any MP to vote counter to the party leadership. In Finland , collective responsibility has been established both constitutionally and as a convention. The Finnish Government and its ministers are collectively responsible for all its decisions. However,

2904-420: The cabinet who hold affected ministerial portfolios, the recommendations are usually agreed to by the full cabinet with little further discussion. The cabinet may also provide ideas on/if new laws were established, and what they include. Cabinet deliberations are secret and documents dealt with in cabinet are confidential. Most of the documentation associated with cabinet deliberations will only be publicly released

2970-495: The cabinet. The New South Wales Parliamentary Library Research Service in Australia explains that "one aspect of collective ministerial responsibility is that Ministers share responsibility for major government decisions, particularly those made by the cabinet and, even if they personally object to such decisions, Ministers must be prepared to accept and defend them or resign from the cabinet". Cabinet collective responsibility consists of two main features: Collective responsibility

3036-402: The coalition or members of parliament can still vote against the government, and the cabinet can break up from internal disagreement or be dismissed by a motion of no confidence. The size of cabinets varies, although most contain around ten to twenty ministers. Researchers have found an inverse correlation between a country's level of development and cabinet size: on average, the more developed

3102-410: The constitution allows a minister to dissent by expressing an objection which is entered into the minutes. Nevertheless, while formally allowed, dissent is uncommon because it jeopardizes the stability of the government. Namely, majority coalition governments became the norm after President Kekkonen retired in 1981. A new cabinet must be approved by a parliamentary majority, thus a government platform

3168-521: The first recorded use of "cabinet" by itself for such a body comes from 1644, and is again hostile and associates the term with dubious foreign practices. The process has repeated itself in recent times, as leaders have felt the need to have a Kitchen Cabinet or "sofa government". Under the Westminster system, members of the cabinet are Ministers of the Crown who are collectively responsible for all government policy. All ministers, whether senior and in

3234-425: The first use of "Cabinet council", where it is described as a foreign habit, of which he disapproves: "For which inconveniences, the doctrine of Italy, and practice of France, in some kings' times, hath introduced cabinet counsels; a remedy worse than the disease". Charles I began a formal "Cabinet Council" from his accession in 1625, as his Privy Council, or "private council", was evidently not private enough, and

3300-441: The legislative and judicial branches work in a measured pace, in sessions according to lengthy procedures. The function of a cabinet varies: in some countries, it is a collegiate decision-making body with collective responsibility , while in others it may function either as a purely advisory body or an assisting institution to a decision-making head of state or head of government . In some countries, particularly those that use

3366-544: The likelihood of being granted a ministerial portfolio. Every state in India is governed by its council of ministers with rules and procedures similar to the union council of ministers per Articles 163, 164 and 167(c) . In March 2020, the Supreme Court of India used its powers for the first time to do "complete justice" under Article 142 of the Indian Constitution to remove a minister functioning in

SECTION 50

#1732791693556

3432-534: The opposition in an attempt to create contradictions between cabinet ministers. It is therefore imperative for the cabinet members to have their responses as common and similar as possible. In the United Kingdom , the doctrine applies to all members of the government, from members of the cabinet down to Parliamentary Private Secretaries . Its inner workings are set out in the Ministerial Code . On occasion, this principle has been suspended; most notably in

3498-584: The other way around: powerful members of the politburo would ensure their support in the central committee through patronage. In China, political power has been further centralised into the Politburo Standing Committee of the Chinese Communist Party . Cabinet collective responsibility If a member of the Cabinet wishes to openly object to a Cabinet decision then they are obliged to resign from their position in

3564-498: The overall direction of the government has usually been done as a matter of preference by the prime minister – either because they are unpopular with their backbenchers , or because they believe that the cabinet should collectively decide things. A shadow cabinet consists of the leading members, or frontbenchers , of an opposition party , who generally hold critic portfolios "shadowing" cabinet ministers, questioning their decisions and proposing policy alternatives. In some countries,

3630-404: The preparation of proposed legislation in the ministries before it is passed to the parliament . Thus, often the majority of new legislation actually originates from the cabinet and its ministries. In most governments, members of the cabinet are given the title of "minister", and each holds a different portfolio of government duties ("Minister of Foreign Affairs", "Minister of Health", etc.). In

3696-493: The president as they can be replaced at any time. Normally, since they are appointed by the president, they are members of the same political party, but the executive is free to select anyone, including opposition party members, subject to the advice and consent of the Senate. Normally, the legislature or a segment thereof must confirm the appointment of a cabinet member; this is but one of the many checks and balances built into

3762-426: The president. It is, however, in a cabinet member's best interest to support and align with the president's policies because they serve at the pleasure of the president, who can at any time dismiss them or appoint them to another position. Parliamentary democracies such as Australia, the United Kingdom and Canada practice and adhere to cabinet collective responsibility. Rhodes, Wanna and Weller offer this description of

3828-421: The principle of cabinet confidentiality is always observed. However, Cabinet solidarity can be weakened in coalition governments in which members from junior parties in the cabinet can openly dissent on specific policies through " agree to disagree " arrangements. The United Kingdom practices cabinet collective responsibility. The prime minister selects a number of cabinet ministers from the House of Commons and

3894-409: The principle of cabinet solidarity in Westminster systems of parliamentary democracy: "Cabinet solidarity and collective responsibility are twin dimensions of responsible party government that enjoy constitutionality , albeit informally. They lie at the core of ministerial governance. Cabinet solidarity is purely a political convention designed to maintain or protect the collective good as perceived by

3960-434: The running of their departments, and therefore culpable for the departments' mistakes. Cabinet collective responsibility is a tradition in parliamentary governments in which the prime minister is responsible for appointing the cabinet ministers. The cabinet ministers are usually selected from the same political party as the prime minister to make collective decision-making for legislation faster and more effective. Unlike

4026-411: The shadow ministers are referred to as spokespersons. The Westminster cabinet system is the foundation of cabinets as they are known at the federal and provincial (or state) jurisdictions of Australia , Canada , India , Pakistan , South Africa , and other Commonwealth countries whose parliamentary model is closely based on that of the United Kingdom. Under the doctrine of separation of powers in

SECTION 60

#1732791693556

4092-428: The situation where the cabinet is de facto appointed by and serves at the pleasure of the prime minister. Thus, the cabinet is often strongly subordinate to the prime minister as they can be replaced at any time, or can be moved ("demoted") to a different portfolio in a cabinet reshuffle for "underperforming". This position in relation to the executive power means that, in practice, any spreading of responsibility for

4158-565: The state of Manipur. Council portfolios are as follows: Minister of State (Independent Charge) of Planning Minister of State (Independent Charge) of Earth Sciences Minister of State in the Prime Minister's Office Minister of State in the Ministry of Personnel, Public Grievances and Pensions Minister of State in the Department of Atomic Energy Cabinet (government) A cabinet in governing

4224-405: The support of multiple parties. Thus, a coalition government is formed. Continued cooperation between the participating political parties is necessary for the cabinet to retain the confidence of the parliament. For this, a government platform is negotiated, in order for the participating parties to toe the line and support their cabinet. However, this is not always successful: constituent parties of

4290-546: The term "Attorney General" instead of "Justice Secretary", but the Attorney General is nonetheless a cabinet-level position. Following the federal government's model, state executive branches are also organised into executive departments headed by cabinet secretaries. The government of California calls these departments "agencies" or informally "superagencies", while the government of Kentucky styles them as "cabinets". Communist states can be ruled de facto by

4356-460: Was ruled by a royal council. In Kievan Rus' , the prince was obliged to accept the advice and receive the approval of the duma , or council, which was composed of boyars , or nobility. An inner circle of a few members of the duma formed a cabinet to attend and advise the prince constantly. The ruins of Chichen Itza and Mayapan in the Maya civilisation suggest that political authority was held by

#555444