Prime Minister and Council of Ministers
Appointment (Art 74 and Art 75)
- Art 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.
- The President appoints the PM, and the other ministers on the PM's advice. Usually the leader of the majority party or coalition in the Lok Sabha.
- The PM may belong to either House.
- A minister who is not a member of either House for six consecutive months ceases to be a minister.
- The Council is collectively responsible to the Lok Sabha (Art 75(3)). Individual ministers hold office during the pleasure of the President (on the PM's advice).
Size of the Council (91st Amendment, 2003)
Total number of ministers, including the PM, cannot be more than 15 per cent of the Lok Sabha's strength (about 81 for 543 seats). In a State the minimum is 12 (Art 164(1A)).
Three ranks
- Cabinet Ministers: heads of important ministries. The Cabinet is the real decision-making body. The word "Cabinet" was inserted into the text only by the 44th Amendment (1978) in Art 352.
- Ministers of State (with independent charge, or attached to a Cabinet Minister).
- Deputy Ministers (no longer appointed in practice).
Powers of the Prime Minister
- Chairs the Cabinet and recommends the allocation of portfolios.
- Link between the President and the Cabinet (Art 78 makes it his duty to give the President information).
- Leader of the Lok Sabha. Chairs the NITI Aayog and several Cabinet committees.
- His resignation or death dissolves the Council of Ministers.
- Called "first among equals" (primus inter pares) and the "keystone of the Cabinet arch".
Principles of responsibility
- Collective responsibility: if the Lok Sabha passes a no-confidence motion, the whole Council must resign. All ministers publicly support Cabinet decisions.
- Individual responsibility: a minister can be removed by the PM without losing the whole Council.
- There is no legal responsibility in India: orders of the President do not need a minister's counter-signature, unlike in Britain.
No-confidence motion
Moved only in the Lok Sabha (Rule 198). It needs the support of 50 members to be admitted. Rajya Sabha cannot remove the government.
Read the full article: Prime Minister of India: Complete Notes with 15 PYQs.
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Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.