Context: Justice of the Madras High Court has recently raised concerns over a Minister without portfolio continuing in office despite being imprisoned.

About the Ministers without portfolios

• The Ministers without portfolios is a government minister who does not have specific responsibilities for a particular government department.

• They do not draw a ministerial salary but retain the status and privileges at the cost of public exchequer.

• The Chief Minister appoints ministers under Article 164(1), and they hold office at the pleasure of the governor.

• The practice goes against constitutional morality and integrity.

• In the UK, Canada, Australia, and New Zealand, ministers without portfolio have specific responsibilities.

The Ministers without portfolios in India

• Historical instances: Jawaharlal Nehru's Cabinet in 1956, and Lal Bahadur Shastri Cabinet in 1964 had some of these posts.

• In India, Rule 4(3)(b) of the Presidential Order made under the Government of India (Allocation of Business) Rules, 1961 allows such appointments, but Tamil Nadu lacks such a provision.

• Executive power under Article 166(2) & (3) of the Constitution cannot include such appointments.

• Article 166(2): Orders and other instruments made and executed in the name of the Governor shall be authenticated in manner as specified in rules to be made by the Governor.

• Article 166(3): The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business, as far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

• The Government of India (Allocation of Business) Rules, 1961 allows President on advice of PM to entrust responsibilities of specified business to a union minister without portfolio.