Council of Ministers

Prime Minister and the Cabinet

 Introduction
• The Constitution provides for a parliamentary
form of Govt modelled on the British pattern.
• Parliamentary form of Govt means Council of
Ministers is responsible to the Lok Sabha.
 Article 74
• There shall be a CoMs with the PM at the head to
aid and advise the President who shall, in the
exercise of his functions, act in accordance with
such advise.
• Provided that the President may require the
CoMs to reconsider that advice and the President
shall act in accordance with the advice
retendered.
 Important Points
• The advice tendered by the CoMs to the
President shall not be inquired into in any court.
• The CoMs shall be collectively responsible to the
Lok Sabha.
• There is no provision in the Constitution which
makes President responsible to the Parliament
for the acts of the Govt.
 Article 75
• The PM shall be appointed by the President
and the other ministers shall be appointed by
the President on the advice of the Prime
Minister.
• The first step in the process of forming a CoMs
is to find a PM.
• Discretionary powers of the President.
 Important Points
• The total number of ministers INCLUDING the
Prime Minister in the CoMs shall not exceed
15% of the total number of members of the
Lok Sabha (91st Constitutional Amendment
Act, 2003).
 Important Points
• The ministers shall hold office during the pleasure of
the President.
• Before a minister enters upon his office, the President
shall administer to him the oaths of office and secrecy
according to the Third Schedule.
• A minister who for any period of six consecutive
months is not a member of either house of the
Parliament shall cease to be a minister.
 Important Points
• The salaries and allowances of the Ministers
shall be such as the Parliament may from time
to time by law determine and shall be
specified in the Second Schedule.
Collective v/s Individual Responsibility
CoMs v/s Cabinet
 Kitchen Cabinet...
• Informal body.
 Cabinet Committees
• Extra-Constitutional devices.
• Mentioned in the Rules of Business.
• Types: Standing and Adhoc.
Prime Minister (Revisited)