·        The Council of Ministers in India, at both the Centre and in States, plays a crucial role in governance.

·        Article 74 of the Constitution outlines the formation of the Council, headed by the Prime Minister to aid and advise the President.

·        Membership in the Council requires individuals to be members of either the Lok Sabha or the Rajya Sabha.

·        The structure typically includes Cabinet Ministers, Ministers of State with independent charge, Ministers of State, and Deputy Ministers, with informal classifications based on responsibilities.

Historical Context

·        The first Council of Ministers post-independence had 15 Ministers, headed by Prime Minister Jawaharlal Nehru.

·        Subsequent governments saw the Council grow in size, with instances such as the United Front governments having fewer Ministers.

·        To address the issue of an unwieldy Council, the Venkatachaliah Commission recommended a maximum of 15% of the total strength of the Lok Sabha/State Legislative Assembly for Ministerial   positions.

·        This led to the 91st Constitutional amendment in 2003, imposing limits on the number of Ministers in the Council.

Challenges and Controversies

·        Despite the constitutional limits, the appointment of Parliamentary Secretaries in States has been a contentious issue.

·        Various States have used Parliamentary Secretaries to bypass the maximum Ministerial limit, leading to legal challenges.

·        Recent instances, such as in Himachal Pradesh, have highlighted the need to enforce the constitutional restrictions on Ministerial appointments effectively.