Chapter 3: The Prime Minister & Council of Ministers

Prime Minister & Council of Ministers Concept

In India's parliamentary system of government, the President is the nominal executive, while the Prime Minister and the Council of Ministers form the real executive. They exercise the actual powers of the state.

1. Appointment of the Prime Minister

The Prime Minister is appointed by the President.
Convention: The President invites the leader of the majority party (or a coalition of parties) in the Lok Sabha to form the government.
If no party has a clear majority, the President exercises discretion and invites the leader who is most likely to command a majority in the House.

2. Formation of the Council of Ministers

The other Ministers are appointed by the President on the advice of the Prime Minister.
The Prime Minister decides the size of the cabinet (though it cannot exceed 15% of the total strength of the Lok Sabha) and allocates portfolios (departments) among the ministers.
A minister must be a member of either House of Parliament. If a non-member is appointed, they must get elected to either House within six months.

3. Categories of Ministers

Categories The Council of Ministers consists of three categories:

Cabinet Ministers: The most senior ministers holding crucial portfolios like Defence, Home, Finance, etc. They take all major policy decisions.
Ministers of State: They either hold independent charge of a department or are attached to a Cabinet Minister to assist them.
Deputy Ministers: Junior-most ministers who assist Cabinet Ministers or Ministers of State in their administrative duties.

4. The Cabinet

The Cabinet is a smaller, inner body within the Council of Ministers, consisting only of the senior-most Cabinet Ministers. It is the highest decision-making authority in the government.

Functions of the Cabinet

Formulation of Policies: It determines the domestic and foreign policies of the government.
Legislative Functions: It prepares and approves all government bills before they are introduced in Parliament.
Financial Functions: The Cabinet, especially the Finance Minister, prepares the Annual Union Budget.
Control over Executive: It coordinates the working of various government departments to ensure smooth administration.
Advising the President: The President acts on the binding advice of the Cabinet (communicated through the PM).

5. Powers and Position of the Prime Minister

The Prime Minister is the most powerful political figure in the country, often described as "first among equals" and the "keystone of the cabinet arch".

Roles Relation with the President:

The PM is the principal channel of communication between the President and the Council of Ministers.
Advises the President on major appointments and dissolution of the Lok Sabha.

Relation with the Cabinet:

The PM forms the Cabinet, allocates portfolios, and can reshuffle or dismiss ministers.
Presides over Cabinet meetings and directs its policy. If the PM resigns, the entire Council of Ministers falls.

Relation with the Parliament:

The PM is the Leader of the Lok Sabha and the chief spokesperson of the government.
Defends government policies in Parliament.

Role as Leader of the Nation:

The PM shapes the country's domestic and foreign policy and represents India at international forums.

6. Principle of Collective Responsibility

Important Collective Responsibility: Under Article 75(3) of the Constitution, the Council of Ministers is collectively responsible to the Lok Sabha. This means that all ministers share joint responsibility for the decisions of the Cabinet.

If a Vote of No-Confidence is passed against the government in the Lok Sabha, or if a money bill or major policy bill is defeated, the entire Council of Ministers (including the Prime Minister) must resign. They "swim and sink together."

Individual Responsibility

While the ministry as a whole is responsible to the Lok Sabha, individual ministers are responsible to the President. A minister holds office "during the pleasure of the President," which in reality means the pleasure of the Prime Minister. The PM can ask a minister to resign at any time.