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Prime Minister and UPSC Polity

Notes
Council of Ministers

• In the parliamentary form of government, the president is known as the nominal executive (or de
jure authority) and the Prime Minister is the real executive (or de facto authority) in India.
• It implies that the President is the head of the state while the Prime Minister is the head of the
government.
• The Prime Minister is elected leader from the majority party in the Lok Sabha.
• There is no particular process for appointment or election of a Prime Minister and he is regarded
as the head of the Council of Ministers.
• From the UPSC CSE point of view, read the full article below, to know more about the Prime
Minister and Council of Ministers.

Appointment of the Prime Minister

• The president appoints the leader of the majority party in the Lok Sabha as the Prime Minister
according to parliamentary conventions.
• There is no particular procedure for the selection and appointment of the Prime Minister.
• Under Article 75, the Prime Minister should be appointed by the president.

Know more about Prime Ministers in India here.

Situational Discretion of President in appointment of Prime Minister

• The President can use his discretion in appointment of Prime Minister in the following two
situations-
o When no party has a clear majority in the Lok Sabha in case of coalition governments.
▪ In such cases, a vote of confidence must be passed in Lok Sabha within one
month of appointment of the Prime Minister.
▪ Example- In 1979, Neelam Sanjiva Reddy appointed Chaudhary Charan Singh
as PM.
o When the Prime Minister dies during his tenure suddenly. Example- In 1984, Indira
Gandhi was assassinated and President Gianni Zail Singh appointed Rajiv Gandhi as
PM.

Judgements related to appointment of Prime Minister

• A person can be appointed as Prime Minister upon proving his majority in Lok Sabha within a
reasonable period (Delhi High Court 1980).
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• Any non-member of Parliament can be appointed as a prime minister. The person has to
become a member of either House of Parliament within 6 months of appointment (Supreme
Court 1997).

Oath of Prime Minister

• It is mentioned in the third schedule and is administered by the President.
• In the oath ceremony PM swears for true faith in the constitution, Sovereignty and integrity of
India.
• The Prime Minister also takes an oath of secrecy in which he swears to not disclose directly or
indirectly any matter that is brought under his consideration.

Check out Preamble to the Indian Constitution here.

Term of Prime Minister

• There is no fixed term for Prime Minister.
• He holds office till the pleasure of the president till he enjoys the majority support in the Lok
Sabha.
• The President cannot dismiss the PM as per his/her will.
• The Prime Minister can be dismissed by the President if he loses confidence of the Lok Sabha.

Prime Ministerial Post Eligibility:

• He must be a citizen of India.
• He must be a member of either the Rajya Sabha or the Lok Sabha at the time of taking the oath,
or be a member of either body within six months.
• He must be 30 years old if he is a member of the Rajya Sabha, but he could be 25 if he is a
member of the Lok Sabha.

Salary and allowances

• The Prime Minister gets salaries and allowances similar to those of members of Parliament.
• These remunerations are decided by the Parliament along with provision of some additional
allowances and facilities.

Powers and functions of the Prime Minister

• Advises the President: The prime minister advises the President for the appointment or
resignation of council of ministers and other significant officials such as CAG, Chairman of
UPSC, Election Commissioners etc.

• Allocate Portfolios: The prime minister is responsible for location and reshuffling of portfolios
of Council of Ministers.

• Act as communication channel between Council of Ministers and President: He

communicates information related to administrative affairs to the president.
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• Act as Chairman: The prime minister acts as a chairman of various councils such as Niti
Aayog, National Development Council, National Integration Council (NIC), Inter-state Council
(ISC), National Water resource Council.

• Act as a head: The Prime Minister presides over the meetings of the council of ministers and
announces government policies in houses of parliament.

• Other functions: Shaping foreign policies, leader of the party, political head etc.

Also read: Difference Between Lok Sabha & Rajya Sabha here.

Important articles related to Prime minister of India and

President
Article 74

• This article deals with the Council of Ministers and their power to aid and advise the president.
• This advice cannot be taken to court.

Article 75

• The Prime Minister is appointed by the president.

• On the advice of the Prime Minister, other ministers are appointed by the president.
• Limit on the number of ministers which is 15% of Lok Sabha strength ( 91st Constitutional
Amendment Act 2003).
• Ministers hold office in the pleasure of the president.
• Council of Ministers are individually responsible to the president and collectively responsible to
Lok Sabha.
• Ministers should be a member of the Parliament of either House.

Article 77

• The executive actions are taken on behalf of the President of India.

• The president makes rules for the government of India.

Article 78

• The duties of prime minister include communication as the link between the Council of Ministers
and the President regarding administration of affairs of union.
• He also advises the president related to appointments.

Know more about Emergency Provisions of the Indian Constitution here.

Council of ministers
Council of Ministers include-

• Cabinet ministers.
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• Minister of state.
• Deputy ministers.

Cabinet Ministers:

• The strength of cabinet ministers is 15 to 20. The current cabinet ministers strength in India is
31 including the Prime Minister.
• It is the core of the Council of Ministers.
• The term cabinet is mentioned in article 352, by the 44th constitutional Amendment Act 1978.
• The cabinet is the highest decision making body regarding policies.

Ministers of state:

• They are of two types: Independent charge and attached office.

• Ministers of state attend Cabinet meetings only when they are invited.
• The attached ministers of state help the cabinet ministers to assist their working.

Deputy Ministers:

• These ministers are not independent and attached to cabinet ministers.

Minister of state with Independent Charge:

• A Minister of State with independent charge is a minister in the State or Union Government of
India who does not report to a Cabinet Minister.
• In contrast to a Minister of State, who is also a Minister but supports a cabinet minister, he is in
command of his ministry.

Constitutional Provisions related to the Council of Ministers:

• Article 74 (Commission to Assist and Advise the President): No court shall probe the
advice offered by Ministers to the President. The President may request that the COM
reconsider such advise, and after such reconsideration, the President must act on the
recommendation presented.
• Article 75 (Other Ministerial Provisions): The President appoints the Prime Minister, and on
the Prime Minister's recommendation, the President appoints the other Ministers. The overall
number of ministers in the COM, including the Prime Minister, must not exceed 15% of the total
strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003. If a
minister is not a member of Parliament (either house) for six months in a row, he or she is no
longer a minister.
• Article 77 (Government of India Business Conduct): The President shall establish guidelines
for the more efficient conduct of Government of India business as well as the distribution of such
business among Ministers.
• Article 78 (Duties of the Prime Minister): To inform the President of all COM decisions
pertaining to the administration of the Union's affairs, as well as legislative initiatives.
• Article 88 (Ministerial Rights in Relation to the Houses): It states that every minister has the
right to speak and participate in the proceedings of either House, any joint sitting of the Houses,
and any Committee of Parliament to which he may be appointed. However, he will be unable to
vote.

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Collective Responsibility of the Council of Ministers

• Council of ministers is collectively responsible to the Lok Sabha. A minister who is not a
member of Parliament for six months in a row loses his or her position.
• As a member of the government, a minister can participate in both houses' proceedings but can
only vote in the house in which he is a member.
• Cabinet collective responsibility, also known as collective ministerial duty, is a legislative
constitutional practise that requires cabinet members to officially support all governmental
decisions taken in Cabinet, even if they do not agree with them privately.

Individual Responsibility of the Council of Ministers

• The Union Council of Ministers is the Government of India's highest executive body.
• Individual ministerial accountability is a constitutional norm that states that a cabinet minister is
ultimately accountable for the activities of their ministry or department.

Power Of Council Of Ministers

• Despite the fact that Parliament has legislative authority over the Union, the
Council of Ministers plays an important role in the legislative process.
• Ministers are both members of Parliament and leaders of government ministries.
They actively and completely participate in the legislative process.
• They are the ones who propose and pilot the majority of the legislation. The
Parliament devotes 95% of its time on governmental work, which is managed by
Legislative ministers. A bill that is not supported by the Council of Ministers cannot be
Power passed since the ministry has the support of the majority in Parliament.
• If the Lok Sabha adopts a measure that the Council of Ministers opposes or
rejects a bill that the Council of Ministers supports, or if the Cabinet's budget is
rejected, it is deemed a vote of no confidence in the government, and the whole
Council of Ministers resigns.
• While doing so, the Prime Minister/Cabinet may propose to the President the
dissolution of the Lok Sabha.

• The Council of Ministers performs all of the executive powers of the President of
India.
• The Cabinet creates policies that are then presented to Parliament for approval.
• It secures Parliamentary approval for these measures before putting them into
effect. It handles the administration of the Union in line with established policies.
Executive
• The Cabinet/Prime Minister coordinates and controls all government ministries.
Power
• The Cabinet is responsible for developing foreign policy as well as any domestic
policies deemed crucial for the general growth of the country.
• All of the Council of Ministers' policies and decisions are collectively accountable
to the Lok Sabha. Failure on any front might spell the end of the ministry.

• When using Emergency Powers, the President always acts on the advice of the
Prime Minister and his Council of Ministers.
Emergency • The President may declare an emergency only with the permission of the
Power Cabinet. He takes all essential efforts to address the situation, in line with the
Prime Minister's and his Council of Ministers' advice.

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Council of Ministers and Cabinet

S.No. Basis of Cabinet Council of Council Ministers
comparison
1. Definition It is a body within the Council of It is a body appointed to assist the
Ministers, which takes decisions on Prime minister for taking
important matters like policy making. decisions on important matters.
2. Status Constitutional body Constitutional body
3. Size 15-18 ministers comprise the cabinet. 40-60 ministers comprise Council
of Ministers
4. Schedule of Meetings are held frequently as once Meetings are held rarely or less
meeting in a week to discuss major policies. often.
5. Functions Performs several collective functions Advices the Prime Minister and
including policy making, taking implements the decisions
decisions regarding concerned suggested by the Cabinet.
departments etc.
6. Authority Takes decisions on behalf of the Have the authority to take
Council of Ministers. decisions but their implementation
is decided by the Prime Minister.
7. Responsibilities Each minister in the cabinet is No such special designation is
assigned a Portfolio or a rank. given.

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