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Prime minister and the
council of ministers
Appointment of the prime minister
● Prime minister is appointed by the president
● President invites leader if the majority party of the lok sabha
to form the government
● When no single political party has an absolute majority in
the lok sabha then the president may have some option in
the appointment of the prime minister
○ But the president has to appoint that person who can prove that he has
the support of some smaller parties in order to have a majority in the
house
Council of ministers
● Article 75 of the constitution says that “prime minister
shall be appointed by the president and the other
ministers shall be appointed by the president on advice of
the prime minister”
● Members of the parliament are appointed as ministers
○ In case a non member is appointed as a minister, he must be elected
to the parliament within 6 months from date of his appointment
Composition of the Council of ministers
Deputy minister
● Third category of ministers
who assist ministers of
state and cabinet
● They are junior ministers
placed under senior
ministers
● Take no part in cabinet
deliberations
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Ministers of state
● Second category of
ministers
● May or may not hold an
independent charge of
portfolio
● They do not participate in
cabinet meetings
● Prime minister may of may
not consult them.
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Cabinet ministers
● Most important member of
the cabinet of ministers
● Holds important portfolios
like defence, finance, etc
● Only they can attend
cabinet meetings
● Together determine policy
and programme of the
government
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Size of the council of ministers
● The 91st amendment has put a ceiling on the number of
members of the council of ministers
● 15% of the strength of the lok sabha and state legislature
● In case of smaller states max number of ministers is 12
● These steps were taken for the following reasons
○ Curb the government expenditure
○ Check defections from on party to another
Position and powers of the
prime ministers
Prime minister and the president
● Advises the president on various appointments to important posts such
as judges of supreme court, governors, ambassadors, etc
● Advises the president to summon and prorogue the parliament and
dissolve the lok sabha
● Prime minister chooses the minister and on his advice the president
appoints them. The ministers may be dismissed on the advice of the prime
minister
● Prime minister communicates all decisions of the council of ministers to
the president. Minister cannot discuss any matter of national policy to the
president on his own
Prime minister and the cabinet
● Leader of the cabinet
○ Prime minister has liberty to decide on appointment of different category of
ministers
● Resignation of the prime minister
○ Prime minister resignation implies resignation of entire cabinet
● Power to select and dismiss ministers
○ He can ask an erring (guilty) minister
○ Chooses ministers and has power to dismiss them
●
Power to allocate portfolios and to reshuffle the council of ministers
○ Prime minister allocates departments or portfolios to the ministers
○ He can shuffle council of ministers when he pleases
Prime minister inside the parliament
● Intervention in case of controversial issues
○ Some controversial issues cause members to lose their temper
○ If an ugly situation arises the matter ends with intervention of the prime
minister
● Leader of the lok sabha
○ Since prime minister is the leader of the majority party he is leader of the lok
sabha
● Spokesperson of the government
○ Prime minister is the chief spokesman of the government in the parliament
○ He makes all important announcements on national policies on the floor of the
house
● Defender of the government policies
○ Prime minister defends the government in the parliament
○ When a policy is under attack, prime minister comes to defend the matter
Prime minister as leader of the nation
● Prime minister represents the nation when he speaks the entire
nation is supposed to be speaking through him
● During a national crisis, even opposite parties support the prime
minister
● The prime minister is also the ex-officio chairman of the niti
aayog and the atomic energy commission
● Prime minister decides what kind of relations India will have with
other countries
Check on the authority of the Prime minister
● Press and public act as effective checks on the prime minister
● Opposition parties will always look for a chance to criticise the
prime minister
● Prime minister has to ensure the support of his ministers as well
as the party
● In case of no absolute majority (coalitions) the prime minister’s
position becomes vulnerable
Collective responsibility of the cabinet
● Vote of confidence against one ministry is a vote against the
whole ministry and the entire ministry has to resign
● Decisions taken in the cabinet meetings will be equally applicable
to all the ministers even though they may differ amongst
themselves on a particular policy
● All ministers jointly share the responsibility of the policy and
programmes. The ministers must support and defend these
policies inside and outside the parliament
Individual responsibility of the cabinet
● Ministers are individually responsible for the president
● May be dismissed by the president even when they may have the confidence of
the legislature
● Ministers are answerable to the parliament for departments under their control
● Each minister is responsible for
○ Personal lapse (judgement)
○ Breach of oath of secrecy
○ Departure from official policy by him
● There are many occasions where minister have owned up to their shortcomings
and mistakes and resigned
Cabinet vs council of ministers
● Council of ministers consists of
all categories of ministers
● According to the constitution
president acts on the advice of
the Council of ministers but in
reality this is not the case
● They rarely meet on day to day
working of the government
● May or may not consult the
other ministers
● Cabinet consists of senior most
ministers
● Cabinet advises the president
through the prime minister
● Small cohesive group of senior
most ministers who meet
frequently
● The prime minister always
consults them