Definition of the Council and its Headquarters
The Council of the Ministers is a regulatory entity within the government that is also known as the cabinet. It is presided over by the King of Saudi Arabia. The headquarters of the cabinet is Riyadh, the capital city of the kingdom. The King forms the council as an organ that represents the twenty-two ministries within the government. The structure is an essential factor to the King since it provides information during decision-making. Apart from being an advisory team for the King, the council plays a significant role in drafting and overseeing the actualization of specific institution policies (The Embassy of The Kingdom of Saudi Arabia, 2021). These regulations encompass the defense, educational, financial, external, internal, and economic dimensions within the Saudi Arabian government. The arm of the government was established by King Saud in 1953 and was restructured by both Kings Fahd and Salman for effectiveness and efficiency in the performance of the duties (The Embassy of The Kingdom of Saudi Arabia, 2021). The duties and responsibilities of the minister feature dynamism with an autonomous authority within the department. One of the profound factors in Saudi’s government involves the essence of independence of the office.
Membership Conditions
In Article 3 in the Law of the Council of Ministers, there are different qualifications for an individual to be fit for the ministerial post. The first accomplishment involves nationality. A minister must be of Saudi nationality by birth. Further, the person must be of Saudi descent, hence forbidding people with different origins from securing the highly reputable positions in the government (The Embassy of The Kingdom of Saudi Arabia, 2021). The second qualification establishes the candidate as a righteous and capable entity.
Primarily, the Kingdom of Saudi Arabia is founded under the Islamic law. Therefore, a personnel contesting for the position of a minister must prove a track record of righteousness and capability to the King and the Saudi Arabian citizens. It is a strategy that boosts the confidence of the residents in the government’s performance of its duties. The Islamic law considers impurity a profound concern that compromises the authority and capacity to perform tasks (The Embassy of The Kingdom of Saudi Arabia, 2021). The third qualification establishes that a candidate must be reputable and show a good track record of moral behavior in society. In this case, a former convict or an individual with a dishonorable record lacks the qualification to become a minister.
Oaths
Once a candidate qualifies for the ministerial post, the individual takes an oath of office to the King of Saudi Arabia. The pledge is a covenant between the minister and the King regarding the protection of state secrets. Therefore, the minister must abide by the law and practice integrity by taking the oath. It is a statement that encapsulates three ideologies that determine the competence level of the minister. The first concept is swearing to God, King, and the country. In this case, the minister attests to adhering to the commands from the Islamic religion, then from the King and to the country’s rules and regulations (The Embassy of The Kingdom of Saudi Arabia, 2021). The primary objective to focus upon enshrines the ability to show prominence to God beyond the authority of the ruler of the kingdom.
The second part of the oath engulfs attesting to protecting the secrets of the nation from other entities. One of the responsibilities of a minister involves engaging in conversations about the state’s development agendas. Therefore, it is essential to align the King’s visions at the discretion of the advisory team and enhance the effectiveness. An excellent example of a state secret is the implementation of a price regulation technique to boost the marketability of oil (Eissa & Elgammal, 2020). Oil is one of the natural resources whose mining and exportation contributes to the wealth of the Kingdom of Saudi Arabia. As a result, it is paramount that the ministers take the oath and attest to protecting the secrets of the nation from external influential values.
The third part of the oath entails attesting to the protection of the law and performing duties with integrity, fairness, and sincerity. The reliability of a civil servant enshrines the ability to conduct government operations with integrity. Uprightness brings honor among the ministers and to the entire arm of the government. The confidence from the Saudi residents relies on the level of righteousness among the government officials. Apart from the citizens’ confidence, the King easily confides to the Council of Ministers based on the honesty showcased and practices by the ministers (The Embassy of The Kingdom of Saudi Arabia, 2021). The council plays a significant role in the socio-economic growth and development of the nation. As a result, it is crucial to align the interests and moral behavior among the ministers in gearing change in the Kingdom of Saudi Arabia.
Prohibited Activities and Practices of Members while in Office
Articles 5 and 6 establish the profound element of the council’s independence in the government while enhancing the integrity of the officials. In Article 5, the office of the minister is independent of other government offices and functions to avoid distractions and inconveniences from the intersectionality (The Embassy of The Kingdom of Saudi Arabia, 2021). The clause further indicates that it is the responsibility of the Prime Minister, that is, the King, to approve in the case that there is a need for the involvement of a different government department in the ministerial offices.
Article 6 entails the prohibited activities for a minister in the Kingdom of Saudi Arabia (The Embassy of The Kingdom of Saudi Arabia, 2021). The prohibitions exist in three phases to assert independence from the dynamic public and private sector entities. The first phase of the ban stipulates that a minister should not purchase, lease, or rent any government property. The ministerial office exercises dynamic powers in the nation (The Embassy of The Kingdom of Saudi Arabia, 2021). Therefore, any involvement in the acquisition of government property compromises the essence of integrity and the ethical practice in promoting equity in the distribution of resources among Saudi citizens. The second phase of the clause indicates that the minister is banned from selling or renting any property or entities to the government. It is an exercise that protects the government official from the controversies that arise due to financial discrepancies. In this case, the minister retains the integral value to ethically and morally engage in government activities without a conflict of interests.
The third phase of the prohibition establishes that the civil servant should not accept membership to any company’s board mainly because it is an aspect that compromises the individual’s commitment. The primary objective of a government official entails professionally offering services and contributing to the function of the entity (The Embassy of The Kingdom of Saudi Arabia, 2021). Therefore, a commitment to a firm’s board demands the division of attention while compromising the position as a country’s authoritative figure. It is vital that ministers observe the clauses to enhance the level of integrity and reputation to the Saudi Arabian citizens in decision-making platforms.
Provisions for Appointing Members and Conducting Meetings
The King is the Prime Minister and the chairman of the Council of Ministers in the Kingdom of Saudi Arabia. Article 7 states that the chairman presides over the council’s meetings, and in his absence, the deputy prime ministers conduct the exercise. Further, the clause depicts the powers of the cabinet (The Embassy of The Kingdom of Saudi Arabia, 2021). According to the Article’s provision, it is the responsibility of the King to approve the council’s final resolution. In the case that the Prime Minister shows dissatisfaction, the ministers reconsider alternatives. Therefore, the powers of the cabinet depend on the King’s approval rate regarding the decisions.
In a different spectrum, the King exercises the power of appointing ministers under the provision by the Royal decree (Almutairi, 2018). According to the Royal decree that guides the provisions in Article 8, once a minister gets appointed by the Prime Minister, he or she can get dismissed from the duties or resign based on the basic law of governance. Articles 57 and 58 stipulate the basic laws of governance that encapsulate the essence of integrity and misconduct (Almutairi, 2018). Although the minister operates under the provision of Articles 57 and 58, the rights of the government official are founded through the by-laws in the council of ministers. Primarily, the job security of a minister entails the interaction of both Article 57 and 58 provisions and the by-laws of the cabinet.
Term of the Council
The council’s term of office is four years, as stated in Article 9 of the Law of Council of Ministers. The clause is founded upon the stipulations from the Royal decree. The Article further postulates that in the case that the term of office expires without an appointment of another cabinet, the previous council assumes office until the formation of a new minister (The Embassy of The Kingdom of Saudi Arabia, 2021). Terms of office is a crucial element in the government mainly because it provides a timeline for the officials to accomplish specific goals and objectives. It is essential to observe the timeline as a baseline element to steer engagements and activities while fostering a smooth transition.
Responsibilities and Authorities of a Minister
The duties and responsibilities of a minister feature dynamism with an autonomous authority within the department. One of the profound factors in Saudi Arabia’s government involves the essence of independence of the office and government functions (Freedom House, 2017). It is evident through the provisions of Article 10 that a ministry is independent of other government offices apart from the King’s intervention (The Embassy of The Kingdom of Saudi Arabia, 2021). In this case, the member of the cabinet conducts activities based on the rules and regulations in the governance, and the abound interests from the Prime Minister.
Provisions of Proxy
Article 11 provides the proxy for the ministerial post mainly because it attributes to the effective operation of government activities. In the case when a minister is absent, another minister deputizes and operates the office based on the stipulations from the Royal decree and authorization by the King. The deputy minister only assumes the office when another minister to deputize misses (The Embassy of The Kingdom of Saudi Arabia, 2021). It is an initiative that asserts consistency in the provision of services to the state based on the oath taken by the government officials. In a different spectrum, the council of the ministers plays a crucial role and dynamically influences the authority system due to the exercised powers. Therefore, it is crucial that only a minister deputizes another minister to enhance the autonomous influence and subsistent retention of state secrets from other parties such as deputy ministers.
Formation of the Council
The Council of the Ministers is an institution composed of five entities, as indicated in Article 12. The first structure of the cabinet is the position of the Prime Minister that is assumed by the ruler of the nation. In this case, the King is the chairman of the council and presides over the meetings while appointing the other members. The second position includes the deputy prime minister whose key role involves assisting the prime minister and assuming the roles of the senior cabinet member in absence. The deputy prime minister presides over the council’s meetings in the King’s absence (The Embassy of The Kingdom of Saudi Arabia, 2021). The third establishment is the ministers with portfolios whose central role encompasses filling in for the department ministers while in absence. On the one hand, one of the roles of the cabinet comprises the implementation of policies. On the other hand, the ministers autonomously govern the departments. Therefore, it is crucial to observe the relational concepts towards the proper governance based on the King’s system and the country’s interests by involving ministers with qualifications.
The fourth and fifth entities in the council of ministers regard the provisions by the Royal decree. The fourth team is the ministers of state whose appointment is a key factor in the cabinet. The fifth group is the counselors of the King, these experts get appointed based on the merit of the stipulations in the Royal decree (Freedom House, 2017). Therefore, the key components of the council of the ministers encompass the Prime Minister, Ministers of State, and the consultants of the King.
Provisions for Attending Meetings
Article 13 provides that only the Secretary-General and the ministers possess the exclusive rights to attend the meetings. The clause further stipulates in the case an expert should participate in the conference, he or she should get approval from the Prime minister or one of the ministers. In this case, the expert or government official attending the convention provides crucial information or explanation regarding particular topics to contribute to the decision making. An excellent example of an adviser’s involvement entails the provision of crucial information about oil mining and the sustainable initiatives (The Embassy of The Kingdom of Saudi Arabia, 2021). In such a scenario, the consultant provides insight and information to assist the ministers and Prime minister during policy planning and implementation. Despite the Secretary General’s exclusive right to attend the assembly, it is only the ministers who have the right to vote in or out of a regulatory framework. In case there is a tie, the Prime minister intervenes to break the tie with his vote.
Validity of Meetings and Decisions
Meetings held by the Council of ministers must have the quorum of at least two-thirds of the members to become official. According to Article 14, one of the primary objectives of the quorum enshrines the effectiveness during voting since it is the majority that determines the decision outlier. However, on unique events, the King approves for a different level of members’ participation and attendance in a conference. On special occasions, a session is declared official when there is an attendance of half of the ministers of the council, and a two-thirds majority fosters the voting authority (The Embassy of The Kingdom of Saudi Arabia, 2021). The clause observes a coherent approach in appreciating the democratic concept of voters’ autonomous influence on the governance system. The Article plays a vital role in monitoring the dictatorial and monotonous influence from the senior state officials.
Article 15 indicates that despite the special occasions from the Prime minister, the council of ministers shall not pass a policy that concerns a particular ministry without the presence of the respective government official or the deputy. A ministerial decision can only be passed in the absence of the minister based on its necessity. In Article 16, it is stipulated that the resolutions during the councils of ministers’ meetings are confidential based on the level of required discretion (The Embassy of The Kingdom of Saudi Arabia, 2021). Primarily, resolutions from the Council of Ministers become public during the planning and implementation apart from those declared classified. Although the government practices democracy, it is important to ensure to establish measures that promote the country’s security status.
The Way Members Should Be Put on Trial for Their Violations
The Council of the Ministers follows special laws regarding the governance of the Kingdom of Saudi Arabia mainly because of the integral influence to the policy planning and implementation. According to Article 17, the violation of the established laws demands the prosecution, trial, procedures, and the creation of a court system that addresses the issues. Disciplining the members of the council involves the utilization of senior government officials in the legal system mainly because of the protection of state secrets (The Embassy of The Kingdom of Saudi Arabia, 2021). Exposure of the prosecution to the public court system increases the risk of revelation regarding the classified information about the Council of Ministers. As a result, it is crucial to develop a special regulatory branch to handle violations from the members of the cabinet.
Formation of Committees
Article 18 establishes that the council shall form a committee that focuses on the assessment of the agendas and the incumbent resolutions. The global society is evolving, and different issues emerge from socio-economic and political endeavors. An excellent example is a change in the regulations to boost the exportation of oil and reduce importation to increase the value of the currency (Eissa & Elgammal, 2020). Therefore, it is important to create committees that investigate the dynamic variables and the interdependent relationships to ensure the effectiveness of the governance policies. The clause further postulates that the by-laws created by the council determine the number of board members and the procedural rules.
Authorities of the Council
The cabinet’s authority spans a wide range of factors that impact the country’s growth and development. One of the roles of the ministry enshrines following the regulations provided by the Basic Law of Governance and the Shura Council Law to show allegiance to the country’s regulatory framework (The Embassy of The Kingdom of Saudi Arabia, 2021). Another authoritative role encompasses developing policies under the spectrum of education, economic, defense, financial, external, and internal entities. In this case, the council exercises its power and mandate to enhance change within the governance system of Saudi Arabia (The Embassy of The Kingdom of Saudi Arabia, 2021). Monitoring and evaluation of implemented strategies are done by an assembly to ensure that the projects achieve high standards and foster optimal derivation of business profits. A ministerial decision can only be passed in the absence of the minister based on its necessity. The dedication during the congress of ministers’ meetings are confidential based on the level of required discretion. Primarily, resolutions from the committee of Ministers become public during the planning and implementation apart from those declared classified.
It is the duty and responsibility of the parliament to review the regulations passed by the Shura Council. It is essential for the cabinet to assess the passed laws to align the interests of the different organs of the government. According to Article 19, the council has the executive power over other institutions and gives the final decision regarding financial and administrative affairs (The Embassy of The Kingdom of Saudi Arabia, 2021). In this case, the delegation significantly influences the operations of all government entities mainly because of its executive power led by the prime minister. The centralization of the decision-making platform to the council asserts sustainable governance based on views from different individuals within the cabinet.
Regulatory, Administrative, and Financial Affairs
Regulatory Affairs
Regulatory affairs encompass a profound intervention from the council and the Royal decree regarding the Majlis Ash-Shura laws, international agreements, and treaties. The ministry reviews the proposal from the Shura, and then it gets amended by the Royal decree. In this case, the regulation from the Shura law encapsulates the decision by the Royal decree and the cabinet to enhance socio-economic growth and development (The Embassy of The Kingdom of Saudi Arabia, 2021). Another regulatory affair stated in Article 21 is the study of the drafted laws, regulations, and voting based on the by-laws of the council. Although the cabinet exercises executive powers, its activities must be framed under ideological by-laws.
According to the Article 22, all ministers can propose a law regarding the respective ministry for optimal performance. Another focus is the provision that any member of the council can suggest a law or regulation after getting approval from the Prime Minister in the discussion during a meeting. In the case the council passes a law, it should be gazetted in a national newspaper and implemented from the publication date (The Embassy of The Kingdom of Saudi Arabia, 2021). An excellent example is a request from a minister to increase the funding in the healthcare ministry. One of the global issues is the COVID-19 pandemic that negatively affects the welfare of Saudi Arabia residents mainly because of the preventive measures that demand the cessation of movements due to the high rate of infections (Alyami et al., 2020). In this case, the minister in the healthcare department proposes a law that seeks to boost the funding to facilitate emergencies and the treatment of the increasing number of COVID-19 patients (Alyami et al., 2020). The amendment of laws and policies profoundly affects the governance of the country.
Administrative Affairs
The Council of Ministers is the ultimate government institution that utilizes executive powers for proper administration. Article 24 establishes that the cabinet is assigned four leading roles in administrative affairs. The first role is monitoring the implementation of the resolutions and by-laws by other entities such as law enforcement agencies. The second role of the cabinet encompasses the creation and arrangement of the public sector institutions. The efficiency in the governance enshrines the concept of decentralizing duties and responsibilities to boost the trickle-down effect and influence on the existing practices. Another role of the council includes the establishment of a system to follow up the implementation and actualization of the general development plan (The Embassy of The Kingdom of Saudi Arabia, 2021). Therefore, it is the moral obligation of the cabinet to ensure that the increased catalog contributes to socio-economic growth and development. Finally, it is the duty and responsibility of the legislature to form committees that assess the advancement program and other integral issues affecting the governance in the Kingdom of Saudi Arabia. As a result, the assembly utilizes the reports from the committees in making decisions.
Financial Affairs
In Article 25, the council gives the approval for the government’s loan application with an additional issuance from the Royal decree. The financial support system focuses on the ideal solution of sustainably managing the resources and rendering a significant impact on the nation’s growth and development. Apart from the approval of loan application, the council examines and votes on the state budget under the regulatory framework of the by-laws as indicated in Article 26. It is crucial to monitor the government budget and the forecasts to ensure the efficient utilization of the available funds (The Embassy of The Kingdom of Saudi Arabia, 2021). Although the cabinet reviews the budget, the provision of Article 27 establishes that only the Royal decree can supplement the budget. Finally, the minister of finance and national economy must submit the country’s closing account to the King of Saudi Arabia that is forwarded to the council for review and monitoring the utilization of the public sector resources.
Presidency of the Council
The prime minister is the King of Saudi Arabia who coordinates the supervision of the governmental functions and the administrative roles of the dynamic entities such as the law enforcement agencies and the ministries. Further, it is the duty and responsibility of the King to ensure unity and harmony among the members of the Council of ministers during the meetings and other undertakings (The Embassy of The Kingdom of Saudi Arabia, 2021). The King also monitors the implementation of the by-laws, resolutions, and regulations in the government. Ideally, the King conducts his duties based on the advisory council’s contribution with the aim of establishing objectivity.
Administrative Structure of the Council
The administration council enshrines three central departments as provided in Article 30. The first section of the cabinet is the office of the prime minister that deals in the presiding of the committee meetings and appointment of the state ministers. The second branch of the executive is the general secretariat of the council of ministers that focuses on the monitoring of the other government institutions (The Embassy of The Kingdom of Saudi Arabia, 2021). The third sector is the commission of the specialists dealing in the provision of adequate information about certain concepts such as the pricing of oil and the countermeasures to curb the COVID-19 pandemic (Alyami et al., 2020). The clause further depicts that it is the role of the internal charter of the parliament of ministers to determine the structure and the duties of the various departments of the cabinet.
Article 31 depicts that the Royal decree issues the by-laws of the council of ministers mainly because of the executive power and influence accorded by the constitution in completing the duties and responsibilities. Further, Article 32 stipulates that the amendment of the by-laws relies on the similar procedural system utilized in the establishment and implementation (The Embassy of The Kingdom of Saudi Arabia, 2021). Primarily, the constitution focuses on the promotion of autonomous control from all entities, that is, the Council of Ministers and the Royal decree. As a kingdom, Saudi Arabia’s governance is centralized, thus the prominent role and consideration of the executive powers among the ministers. It is essential for the cabinet to assess the passed laws to align the interests of the different organs of the authority. The governing body has the executive power over other institutions and gives the final decision regarding the financial and administrative affairs. In this case, the ministry significantly influences the operations of all state entities mainly because of its executive power led by the prime minister.
References
Almutairi, A. (2018). Labour dispute resolution process and its impact on the rights of low-skilled temporary foreign workers in the absence of a labour court in Saudi legal system: A critique.International Law Research, 7(1), 199. Web.
Alyami, M. H., Naser, A. Y., Orabi, M. A. A., Alwafi, H., & Alyami, H. S. (2020). Epidemiology of COVID-19 in the kingdom of Saudi Arabia: An ecological study.Frontiers in Public Health, 8. Web.
Eissa, M. A., & Elgammal, M. M. (2020). Foreign direct investment determinants in oil exporting countries: Revisiting the role of natural resources.Journal of Emerging Market Finance, 19(1), 33-65. Web.
Freedom House. (2017).Saudi Arabia. Web.
The Embassy of The Kingdom of Saudi Arabia. (2021). Law of the Council of Ministers. Web.