Ministries and Departments (Home Affairs, Finance, Defence and External Affairs) : Composition and Role
Chapter – 7
Table of Contents
INTRODUCTION
- The executive authority of the government is vested in the president.
- Article 53 states that the executive power of the union is vested in the president and exercised either directly by him or through subordinate officers in accordance with the Constitution.
- Article 53(3) allows Parliament to confer functions on authorities other than the president by law.
- Every law made by Parliament requires the assent of the president before it can become operative law.
- The constitution created a council of ministers to aid and advise the president in the exercise of his executive powers, meaning the president must act according to the advice of the council.
- During British rule, the governor-general-in-council made executive decisions, and as government work increased, the portfolio system was introduced, where each council member was assigned a specific portfolio.
- Matters related to a particular portfolio were referred to the concerned member, while general policy matters were referred to the council.
- This practice continued after Independence when the council became the council of ministers/cabinet.
- The council of ministers, while collectively responsible to Parliament, had individual ministers responsible for different departments, and they were accountable to both the council of ministers and the legislature.
THE ALLOCATION OF BUSINESS
- The Constitution empowers the president to make rules for the convenient transaction of the business of the government and its allocation among ministers.
- The president, on the advice of the prime minister, allots ministries/departments to ministers from time to time.
- The allocation of work is governed by the Government of India (Allocation of Business) Rules, 1961, as amended periodically.
- These rules prescribe the ministries/departments and secretariat/offices where government work is carried out.
- According to the Government of India Manual, business allotted to a ministry is normally disposed of by the minister in-charge or an appropriate officer under the direction of the minister.
- Responsibilities of individual ministries are subject to certain conditions, such as inter-departmental consultation for matters affecting another ministry or submission for the orders of the prime minister or cabinet.
- Some cases are required to be submitted to the president before orders are issued.
- For proper functioning, each ministry is entrusted to a particular minister, subject to the overall control of the prime minister and the cabinet.
- In 1947, there were few ministries, each comprising one department with one secretary.
- The increase in government work due to planned economy and social welfare activities led to the growth of departments.
- To contain the size of the ministry, multiple departments have been grouped into a single ministry.
- As a result, many ministries now have more than one department, with each department having a secretary as its head.
- A minister now supervises more than one secretary.