Prime Minister and Council of Ministers
NCERT Class 11 - Indian Constitution at Work, Chapter 4
Prime Minister and Council of Ministers
Real executive power rests with the Prime Minister and the Council of Ministers. Article 74 provides for a council to aid and advise the President, and Article 75 lays down how it is appointed and to whom it is responsible.
Appointment and composition
- The Prime Minister is appointed by the President, who by convention calls the leader of the party or coalition commanding a majority in the Lok Sabha.
- Other ministers are appointed by the President on the advice of the Prime Minister, and hold office during his pleasure.
- A minister who is not a member of either House must become one within six months.
- The 91st Amendment of 2003 caps the size of the Council of Ministers at 15 per cent of the strength of the Lok Sabha at the centre, and of the assembly in a state, with a minimum of twelve in a state.
- The council has three ranks - Cabinet Ministers, Ministers of State and Deputy Ministers. The Cabinet is the small inner body that takes the real decisions; the word cabinet entered the Constitution only through the 44th Amendment.
Responsibility
- Collective responsibility - Article 75 states that the Council of Ministers is collectively responsible to the Lok Sabha. If the Lok Sabha passes a no-confidence motion, all ministers must resign, including those from the Rajya Sabha.
- Collective responsibility also means that once a decision is taken, every minister must defend it in public, whatever his view in the cabinet room; a minister who cannot must resign.
- Individual responsibility - a minister holds office during the pleasure of the President, which in practice means the Prime Minister can ask any minister to resign.
- Article 78 makes it the Prime Minister's duty to communicate all cabinet decisions to the President and to furnish information he asks for.
Powers of the Prime Minister
- Recommends the appointment and removal of ministers and allocates portfolios among them.
- Presides over cabinet meetings and can reshape decisions by controlling the agenda.
- Is the chief link between the President and the Council of Ministers.
- Leads the majority party in the Lok Sabha and is its chief spokesperson, so his political authority rests on that majority.
- Advises the President on the dissolution of the Lok Sabha and on senior appointments.
- Chairs major bodies and is the principal voice of the government in foreign policy.
- The Prime Minister's real power therefore depends on whether he leads a single-party majority or a coalition, which is the standard point of comparison in answers.
The Vice-President
| Point | Detail |
|---|---|
| Articles | 63 to 71 |
| Electoral college | Members of both Houses of Parliament, elected and nominated |
| Method | Proportional representation by single transferable vote, secret ballot |
| Qualifications | Citizen, 35 years, qualified for election to the Rajya Sabha |
| Term | Five years |
| Office | Ex officio Chairman of the Rajya Sabha |
| Removal | Resolution passed by the Rajya Sabha and agreed to by the Lok Sabha |
- The Vice-President acts as President when the office falls vacant, for a maximum of six months, within which a new President must be elected.
- While acting as President he does not perform the duties of Chairman of the Rajya Sabha and draws the President's salary.
हिंदी संकेत: राष्ट्रपति के निर्वाचक मंडल में राज्यों के विधायक होते हैं, पर उपराष्ट्रपति के निर्वाचक मंडल में केवल संसद के दोनों सदनों के सदस्य होते हैं, मनोनीत सहित।
Exam me kaise aata hai
Factual questions ask which article states collective responsibility, the time limit for a non-member minister, and who elects the Vice-President. Statement-based questions compare the two electoral colleges. Application questions ask what happens when the Lok Sabha passes a no-confidence motion.
UPSC / State PSC ke liye
Compare the single-party era with the coalition era - collective responsibility and prime ministerial dominance work very differently when the Prime Minister leads allies rather than a majority party. Also note that the cap under the 91st Amendment was introduced to stop the use of ministerial office to buy political support.
Yahan confuse hote hain
✗ Ministers are collectively responsible to both Houses | ✓ They are collectively responsible to the Lok Sabha only
✗ Only elected members of Parliament vote for the Vice-President | ✓ Nominated members also vote in the Vice-Presidential election
✗ A minister must be a member of Parliament when appointed | ✓ He may be appointed first but must become a member within six months
Ek nazar me
- Article 74 provides for a Council of Ministers; Article 75 covers appointment and responsibility.
- The Prime Minister is appointed by the President, by convention the leader of the Lok Sabha majority.
- A non-member minister must enter either House within six months.
- The 91st Amendment caps the council at 15 per cent of the Lok Sabha strength.
- The council is collectively responsible to the Lok Sabha; a no-confidence motion removes all of them.
- Article 78 makes the Prime Minister the link between the cabinet and the President.
- The Vice-President is elected by members of both Houses and chairs the Rajya Sabha.