PM Narendra Modi's Cabinet Reshuffle: A look at the rules and the process before the final names are announced

Prime Minister Narendra Modi

As the much-awaited Cabinet reshuffle draws near, resignations by Union Ministers have started flying fast and thick on July 7, perhaps to make way for the new comers.

Until few hours ahead of the official announcement, the Narendra Modi government had 53 ministers, including 21 Cabinet ministers, nine ministers of state with independent charge and 23 ministers of state. Four ministers held additional charges of five ministries.

Read: PM Modi's Mega Cabinet Reshuffle Today: What to expect

But many ministers including Union Health Minister Dr. Harsh Vardhan, HRD Minister Ramesh Pokhriyal, Labour Minister Santosh Gangwar and Minister of Chemicals and Fertilizers DV Sadananda Gowda, to name a few, put in their papers ahead of the Cabinet rejig.

What is the process?

Article 75 of the Constitution says that the Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister.

“The Prime Minister, or His Cabinet Secretary, sends the list of chosen names to the President who approves it,” PDT Achary, former Secretary General, Lok Sabha told Moneycontrol

“But a lot happens in the process of finalising the list of ministers,” said Achary, the Constitutional expert, posted in Parliament for 40 years and served as Secretary General, Lok Sabha for five years from 2005 to 2010.

The prime minister has to look into many factors including caste, community, own party (in this case, the BJP) and allies, among other things, while deciding the names, apart from the performance of the ministers. Also, the states, especially those where assembly polls are scheduled are kept in consideration.

Also, read: Cabinet Expansion: Ministerial probables meet PM Modi, 43 ministers likely to take oath

If sources are to be believed the new Council of Ministers will have 12 ministers belonging to Scheduled Castes (SC), including two cabinet ministers. It will have record eight ministers belonging to Schedule Tribes (ST), including three cabinet ministers. Also, there will be 27 ministers of Other Backward Classes (OBC), including five cabinet ministers, they said. Five ministers will be representing minorities, sources said.

Ceiling on number of ministers

Before January 1, 2004 the prime minister had discretion to appoint any number in his council of ministers. But the Constitution (Ninety-first Amendment) Act in 2003 curbed this power of the prime minister. This Amendment added clause (1-A) in the Article 75 which limited the number of Ministers, including PM to 15 percent of the total number of Lok Sabha members, which is 545. So Prime Minister Modi can have 81 members in the council of ministers.

Follow LIVE Updates of the Cabinet reshuffle here

The prime minister can induct into his ministry a person who is not a member of either House of Parliament -- the Lok Sabha and the Rajya Sabha. However, a minister who for a period of six consecutive months is not a member of either house shall at the expiration of that period cease to be one.

Also, read: Union Minister Thawarchand Gehlot made Governor of Karnataka amid cabinet reshuffle buzz

Cabinets in the past

Former PM Atal Bihari Vajpayee’s first government in May 1996, that lasted for 13 days, had just 12 ministers (including the PM) because its fate was uncertain when swearing-in took place. His second term in March 1998 began had 41 ministers including 21 Cabinet Ministers, 16 ministers of state and four ministers of state with independent charge. When he began his third term in October 1999, there were 22 Cabinet and 22 Ministers of State.

PM Manmohan Singh's UPA-II started in May 2009 with 78-member council of ministers, including 33 cabinet ministers and 45 ministers of state. The outgoing UPA-I had 78 ministers in the council.