PM & Council of Ministers for UPSC

Introduction

In India's parliamentary democratic system, the President is the nominal head of the executive (de jure), while the Prime Minister and the Council of Ministers constitute the real executive (de facto). This arrangement ensures that the executive remains accountable to the legislature, a cornerstone of the Westminster model adopted by India.

Constitutional Provisions

Article 74 – Council of Ministers to Aid and Advise President

There shall be a Council of Ministers with the Prime Minister at the head, to aid and advise the President.
The President shall, in the exercise of his functions, act in accordance with such advice. However, 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 – Other Provisions as to Ministers

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.
The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
A member of either House of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a Minister. This provision was also added by the 91st Amendment Act of 2003.
The Ministers shall hold office during the pleasure of the President.
The council of ministers shall be collectively responsible to the Lok Sabha, Article 75(3), even though some of the ministers may belong to the Rajya Sabha.
The President shall administer the oaths of office and secrecy to a Minister.
A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall cease to be a minister.
The salaries and allowances of Ministers shall be determined by the Parliament.

Article 77 – Conduct of Business of the Government of India

All executive action of the Government of India shall be expressed to be taken in the name of the President.
Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President.
The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

Article 78 – Duties of the Prime Minister

To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.
If the President so requires, to submit 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.
To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.

Prime Minister's Appointment and Powers

Appointment of the Prime Minister

Article 75 provides that the Prime Minister shall be appointed by the President.
The President must appoint as Prime Minister the leader of the party with an absolute majority in the Lok Sabha.
If no single party has an absolute majority, the President may appoint any person as Prime Minister who can muster majority support in the Lok Sabha. The appointed individual is then usually given a fixed time (e.g., 1 month) to prove their majority on the floor of the House.
A person not a member of either House of Parliament can be appointed as Prime Minister if elected to one of the Houses within 6 months. This was affirmed by the Supreme Court in the 1997 S.R. Chaudhuri vs. State of Punjab case, which stated that a person who is not a member of the legislature cannot continue as a minister beyond six months.

Powers and Functions of the Prime Minister

In Relation to the Council of Ministers:

Recommends persons for ministerial appointments by the President. The President can only appoint those persons as ministers who are recommended by the Prime Minister.
Allocates and reshuffles various portfolios among the ministers.
Can ask a Minister to resign or advise the President to dismiss him in case of differences of opinion.
Presides over meetings of the Council of Ministers and guides its deliberations and decisions.
Guides, directs, controls, and coordinates the activities of all ministers.
Can cause the collapse of the Council of Ministers by resigning. The Prime Minister's resignation or death automatically dissolves the Council of Ministers, signifying his central position.

In Relation to the President:

Communicates all decisions of the Council of Ministers to the President.
Furnishes information relating to administration and legislation as required by the President.
Submits for consideration any matter decided by a minister but not considered by the Council, if required by the President (as per Article 78(b)).
Acts as the principal channel of communication between the President and the Council of Ministers.
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 the Parliament:

The Prime Minister is the leader of the Lower House (Lok Sabha).
In this capacity, he enjoys the following powers:
- Advises the President on summoning and proroguing 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.
- Leader of the House and usually the chief spokesman of the government in Parliament.

Other Powers and Functions (Value Addition):

Chairman: He acts as the chairman of the NITI Aayog (National Institution for Transforming India), National Development Council (NDC), National Integration Council (NIC), Inter-State Council, and National Water Resources Council.
Foreign Policy: Plays a significant and direct role in shaping the foreign policy of the country, representing India at international forums and summits (e.g., G20, BRICS, UN).
Crisis Manager: Acts as the chief crisis manager at the political level during emergencies and natural calamities.
Party Leader: He is the leader of the party in power. His influence extends beyond the government to the party organization.
Political Head of Services: Although the President is the supreme commander of the armed forces, the PM has significant influence over national security decisions and appointments. He is often considered the political head of the services.
Manages various funds like the Prime Minister's National Relief Fund (PMNRF) and PM CARES Fund.
He is the leader of the nation and acts as the moral compass and guiding light for the country.

Council of Ministers: Structure and Responsibility

Composition of the Council of Ministers (Value Addition):

The Council of Ministers is a broad body comprising all ministers. It includes:
- Cabinet Ministers: Heads of important ministries like Home, Defence, Finance, External Affairs. They are members of the Cabinet and attend its meetings. They play a crucial role in policy formulation.
- Ministers of State (Independent Charge): In charge of ministries/departments independently. They do not work under a Cabinet Minister. They attend Cabinet meetings only when specially invited for their departments.
- Ministers of State: Attached to Cabinet Ministers and assist them in their work. They do not attend Cabinet meetings.
- Deputy Ministers: Subordinate to Cabinet Ministers or Ministers of State. They assist the higher ministers and do not hold independent charge. They do not attend Cabinet meetings.
The Cabinet is a smaller, more powerful body within the Council of Ministers. It's the highest decision-making body in the government. All Cabinet Ministers are part of the Council of Ministers, but not all Council of Ministers members are part of the Cabinet.

Collective Responsibility (Article 75(3)):

The Council of Ministers is collectively responsible to the Lok Sabha. This is the bedrock of parliamentary democracy.
It means that all ministers own joint responsibility for all their acts of omission and commission. They swim and sink together.
When the Lok Sabha passes a no-confidence motion against the Council of Ministers, all the ministers, including those from the Rajya Sabha, must resign.
It implies that Cabinet decisions are binding on all ministers, even if they had disagreements during discussions. Any minister disagreeing with a Cabinet decision must resign.

Individual Responsibility:

Ministers hold office during the pleasure of the President (Article 75(2)).
This means a minister can be removed by the President at any time, but only on the advice of the Prime Minister.
It implies that a minister is individually responsible for the efficient and proper administration of the ministry under his charge.

Key Distinction: Council of Ministers vs. Cabinet (Value Addition)

Council of Ministers: A larger body (60-70 ministers) including Cabinet Ministers, Ministers of State (Independent Charge), Ministers of State, and Deputy Ministers. It is constitutionally recognized (Article 74, 75). It rarely meets as a body. Its functions are mostly theoretical, as actual policy-making is done by the Cabinet.
Cabinet: A smaller, core body (15-20 prominent ministers) within the Council of Ministers. It's a practical, extra-constitutional body that has emerged from conventions. It meets frequently and collectively exercises powers of the Council of Ministers. It is the real centre of power and policy-making.
The 44th Amendment Act of 1978 introduced the term 'Cabinet' in Article 352 (Emergency provisions), thereby giving it a constitutional recognition for the first time, though its formation and functions remain based on conventions.

Key Takeaways for UPSC Aspirants

Understand the constitutional articles (74, 75, 77, 78) thoroughly, noting specific clauses.
Differentiate between the de jure (President) and de facto (PM and CoM) executive.
Grasp the concepts of collective responsibility (to Lok Sabha) and individual responsibility (to President, on PM's advice).
Note the significance of the 91st Amendment Act, 2003, regarding the size of the Council of Ministers and anti-defection law's impact on ministerial appointments.
Be aware of the distinction between the broad Council of Ministers and the powerful, core Cabinet.
Recognize the multi-faceted role of the Prime Minister as the leader of the government, party, and nation, and his pivotal position in India's administration and foreign policy.
Remember the convention regarding a non-MP becoming PM/Minister for six months.