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Prime Minister and Council of Ministers

Topics Discussed: -

· Introduction

· Prime Minister of India

· Term of the Indian Prime Minister

· Powers of the Prime Minister

· Eligibility of becoming PM

· Council of Ministers

· Categories of Ministers

· PRACTICE QUESTIONS

· Introduction

I. Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the President.

II. There is no specific procedure for his election or appointment. Article 74(1) states that there shall be a Council of Ministers with a Prime Minister at the head to aid and advise the President.

III. Here the word “shall” means that the President cannot function without the Council of Ministers. This implies that, the President is the constitutional head of State, but the real head of the government is the PM. Thus, the Indian Constitution itself recognizes a Council of Ministers.

· Prime Minister of India

1. He is the head of government or the real executive in the Indian system.

2. President appoints the prime minister however no system of appointment is given in the constitution.

3. However, by convention of a parliamentary democracy the leader of the largest party of parliament becomes the PM.

4. The President can exercise discretion when no party has clear majority. He appoints a person and asks him to prove his majority in the house.

5. If the PM dies and no successor is in sight, then again the president can appoint a suitable person at his discretion as caretaker for continuity. However if winning party has a candidate then the president has no choice.

6. To be a PM a person need not be an MP but he has to become one within 6 months of being appointed or else his appointment become void.

7. As per the Govt of India (Allocation of business) Rules created by the president, different departments were created to handle governments business.

8. Ministers and subject distribution was done to each ministry by the president on advice of the prime minister.

· Term of the Indian Prime Minister

1. Once appointed, the Prime Minister holds office so long as he/she enjoys the support of the majority of members of Lok Sabha. He cannot be removed by the President.

2. If he loses the majority support in the Lok Sabha, he should resign or the President must dismiss him.

· Powers of the Prime Minister

I. Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as:

II. The leader of Country: The Prime Minister of India is the Head of the Government of India.

III. Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.

IV. Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.

V. Official Representative of the country: Prime minister represents the country for high-level international meetings

VI. The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.

VII. Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.

VIII. Chief Advisor: He acts as the chief advisor to the President

Hence, in a Parliamentary system like in India, Prime Minister is the “Keystone of the Cabinet Arch”

· Eligibility of becoming PM

To become an Indian prime minister one has to be

I. A citizen of India.

II. A member of either Rajya Sabha or Lok Sabha

III. He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha

· Council of Ministers

I. The PM + Council of ministers are the real executives of the union.

II. They aid and advice the president in the exercise of his functions but such advice is binding on the president.

III. No court shall inquire into the advice given by the Council of ministers to the President which means they are liable for official acts of the president done on their advice. Constitution however doesn’t grant any immunity either for personal or official acts hence ministers can be treated like ordinary citizens.

IV. The total strength of the PM + Council of ministers shall not exceed 15% of the strength of the Lok Sabha [91st amendment]. The person who has been disqualified on grounds of defection shall also be disqualified to be appointed as the PM [91st amendment].

V. Council of ministers is collectively responsible to the Lok Sabha. A minister who isn’t a MP for six consecutive months shall cease to be the minister. A minister can take part in proceeding of both houses as he is member of the government but can vote only in the house of which he’s a member.

VI. Collective responsibility: This means that entire Council of ministers is a team that sinks or swims together. So if the Lok Sabha passes a no confidence motion against the Council of ministers then all have to resign. Only the Lok Sabha can pass the motion of no confidence; it can’t be against a single minister but the entire Council of ministers only.

VII. Individual responsibility: Every minister is answerable individually to the Lok Sabha for steps taken by his ministry. If Lok Sabha does not approve the act of the minister. The whole cabinet has to resign, because of collective responsibility.

· Categories of Ministers

I. Cabinet: They attend cabinet meetings and play important role in central government.

II. Minister of state: They can be independent in charge of department that aren’t attached to cabinet ministries or in charge of specific department part of a ministry /specific work in a ministry which is headed by a cabinet minister.

III. Deputy Minister: They are attached to cabinet ministers or ministers of state and assist them in their work.

Note: -

I. The last two categories don’t form part of cabinet meetings.

II. Cabinet isn’t mentioned in the original text of the constitution but only in 44th amendment it was inserted in article 352.

· PRACTICE QUESTIONS

Q.1: Head of the government is

President

Both

none

Q.2: Powers of the PM:

As head of the council of ministers he recommends people to be appointed as ministers to the president.

He allocates and reshuffles portfolios amongst them. He can ask the minister to resign or tell the president to dismiss him.