Prime Minister and Council of Ministers

Introduction

In the Indian parliamentary system, the President is the nominal executive authority (de jure head), while the Prime Minister is the real executive authority (de facto head). The Prime Minister, along with the Council of Ministers, forms the core of the executive branch of the Union Government, responsible for policy formulation and administration.

Constitutional Provisions

Article 74: States that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice. (The President may require the Council of Ministers to reconsider such advice, but shall act in accordance with the advice tendered after such reconsideration). The advice tendered by Ministers to the President shall not be inquired into in any court.
Article 75:
- 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.
- Ministers hold office during the pleasure of the President.
- The Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha).
- The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total number of members of the House of the People (91st Amendment Act, 2003).
- A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.
- Salaries and allowances of Ministers are determined by Parliament.
Article 78: Deals with the duties of the Prime Minister as respects the furnishing of information to the President.

Appointment of the Prime Minister

The Constitution does not specify a detailed procedure for the selection and appointment of the Prime Minister.
By Convention: The President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister.
President's Discretion: In case no party has a clear majority in the Lok Sabha, the President may use personal discretion to appoint the Prime Minister, usually by appointing the leader of the largest party or coalition and asking them to seek a vote of confidence within a specified timeframe (e.g., one month).
A person who is not a member of either House of Parliament can be appointed as Prime Minister, but they must become a member of either House within six months, or they cease to be the Prime Minister (Supreme Court ruling, 1997).
The oath of office and secrecy is administered by the President.

Powers and Functions of the Prime Minister

In Relation to the Council of Ministers:

Recommends persons who can be appointed as Ministers by the President. The President can only appoint those recommended by the PM.
Allocates and reshuffles portfolios among the Ministers.
Can ask a Minister to resign or advise the President to dismiss them in case of differences of opinion.
Presides over the meetings of the Council of Ministers and influences its decisions.
Guides, directs, controls, and coordinates the activities of all Ministers.
His resignation or death automatically dissolves the Council of Ministers (Cabinet "sinks" with the PM).

In Relation to the President:

Principal channel of communication between the President and the Council of Ministers.
Communicates all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation to the President.
Furnishes such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
If the President so requires, submits for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Advises the President regarding the appointment of important officials like the Attorney General of India, Comptroller and Auditor General of India, Chairman and members of UPSC, Election Commissioners, Finance Commission Chairman and members, etc.

In Relation to Parliament:

Leader of the Lok Sabha.
Advises the President about summoning and proroguing the sessions of Parliament.
Can recommend the dissolution of the Lok Sabha to the President at any time.
Announces government policies on the floor of the House.

Other Powers and Functions:

Chairman of NITI Aayog, National Integration Council, Inter-State Council, National Water Resources Council, etc.
Plays a significant role in shaping the foreign policy of the country.
Chief spokesman of the Union government.
Chief crisis manager at the political level during emergencies.
Leader of the party in power.
Political head of the services.
Manages various funds like the Prime Minister's National Relief Fund (PMNRF), National Defence Fund (NDF), and PM CARES Fund.

Council of Ministers

The Council of Ministers is the real executive body of the Union. It aids and advises the President in the exercise of his functions.

Composition:

Cabinet Ministers: Heads of important ministries, attend Cabinet meetings, and play a crucial role in policy-making.
Ministers of State (Independent Charge): In charge of ministries/departments independently, do not report to a Cabinet Minister, but do not attend Cabinet meetings unless specially invited.
Ministers of State: Attached to Cabinet Ministers and assist them.
Deputy Ministers: Subordinate to Cabinet Ministers or Ministers of State, not in charge of departments.

Responsibility:

Collective Responsibility (Article 75(3)): The Council of Ministers is collectively responsible to the Lok Sabha. This means that all ministers stand or fall together. If a no-confidence motion is passed against the Council of Ministers in the Lok Sabha, the entire Council of Ministers has to resign.
Individual Responsibility: Ministers hold office during the pleasure of the President. This means a Minister can be removed by the President on the advice of the Prime Minister.

Role and Significance:

Highest decision-making body in the government.
Formulates and executes government policies.
Supervises the work of various ministries and departments.
Plays a key role in the legislative process by introducing bills.
Responsible for the overall economic and financial management (e.g., presenting the Union Budget).

Relationship between Prime Minister, President, and Parliament

The Indian system is a parliamentary democracy, where the executive (PM and CoM) is responsible to the legislature (Parliament).
The President acts on the aid and advice of the Council of Ministers headed by the Prime Minister. While the President has the power to ask for reconsideration of advice, ultimately, the President must act on the reconsidered advice.
The Prime Minister acts as the crucial link, informing the President of all policy decisions and legislative proposals of the Council of Ministers.
The PM, as the leader of the Lok Sabha, holds significant influence over the legislative agenda, summoning/proroguing of Parliament sessions, and even the dissolution of the Lok Sabha.
The collective responsibility of the Council of Ministers to the Lok Sabha ensures accountability of the executive to the popular house of Parliament.

Key Takeaways for UPSC Aspirants

Understand the subtle yet significant distinction between the nominal (President) and real (PM) executive.
Memorize the key articles: 74, 75, and 78.
Pay attention to the conventions of parliamentary democracy, especially concerning the President's discretion in appointing the PM in a hung Parliament.
Grasp the principles of collective and individual responsibility.
Note the 91st Amendment Act (15% limit on CoM size).
Analyze the multi-faceted roles of the Prime Minister, not just as head of government but also as party leader, leader of the house, and a key figure in national and international affairs.

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