Prime Minister and Council of Ministers

• The Prime Minister of India holds the pivotal role as the leader of the Lok Sabha and the effective head of the government.  
• Within the framework of the Parliamentary System outlined by the Constitution, the President is the nominal executive (de-jure authority), while the Prime Minister is the practical executive authority (de-facto).  
• As the leader of the ruling party and the head of the government, the Prime Minister plays a central role in the politico-administrative system. 
• Article 74 of the Constitution designates the Prime Minister as the head of the Council of Ministers, outlining the core structure of executive authority.  

Relevant articles associated with the Prime Minister's role include 

Appointment of Prime Minister 

• The appointment of the Prime Minister is governed by Article 75, which specifies that the President shall appoint the Prime Minister. 
• However, this doesn't grant the President unrestricted freedom in the appointment process.  
• Under normal circumstances, the President is expected to appoint the leader of the majority party in the Lok Sabha as the Prime Minister. 
•  In situations where no party holds a clear majority, the President may exercise personal discretion in the selection and appointment of the Prime Minister. 
• The first instance of the exercise of this discretion occurred in 1979 when Chaudhary Charan Singh was appointed as the Prime Minister. 
• The customary practice involves the President appointing the leader of the largest party or coalition in the Lok Sabha as the Prime Minister, tasking them with seeking a vote of confidence within a month. 
• According to constitutional norms, the Prime Minister is the leader of the majority party in the Lok Sabha and must be a member of the Lok Sabha. However, exceptions exist, and Prime Ministers like IK Gujral (1997), Indira Gandhi (1966), and Dr. Manmohan Singh (2004) have come from the Rajya Sabha. 
• A person not currently a member of either House of Parliament can serve as Prime Minister for six months, during which they must become a member of either House. 

Qualifications 

• The Prime Minister must be a citizen of India. 
• At the time of taking the oath, the Prime Minister must be a member of either the Rajya Sabha or Lok Sabha or become a member within six months. 
• The age requirement is 30 years for a Rajya Sabha member and 25 years for a Lok Sabha member. 

Oath or Affirmation 

Before assuming office, the Prime Minister takes an oath or affirmation administered by the President of India. 

Terms of Office 

• The term of office for the Prime Minister is not fixed; it lasts as long as the President is pleased.  
• The Prime Minister holds the position as long as they maintain a majority in the Lok Sabha and must resign if they lose confidence. 

Powers and Functions 

In Relation to the Council of Ministers 

• Recommends ministerial appointments to the President. 
• Allocates and reshuffles ministerial portfolios. 
• Can request a minister's resignation or advise the President to dismiss them. 
• Presides over Council of Ministers meetings and influences decisions. 
• Guides, directs, controls, and coordinates the activities of all ministers. 

In Relation to the President 

• Advises the President on the appointment of key officials. 
• Acts as the principal channel of communication between the President and the Council of Ministers. 
• Communicates decisions and legislative proposals to the President. 
• Furnishes information as required by the President. 

In Relation to the Parliament 

• Serves as the leader of the Lower House (exceptions apply, as seen with former Prime Minister Manmohan Singh, a Rajya Sabha member). 
• Participates in decisions regarding the Speaker of the Lok Sabha and the House agenda. 
• The Prime Minister provides advice to the President on matters concerning the summoning and proroguing of Parliament sessions and holds the authority to recommend the dissolution of the Lok Sabha at any point. 
• On the parliamentary floor, the Prime Minister announces government policies and possesses the right to participate in and influence any parliamentary debate. 

Other Powers and Functions 

• The Prime Minister serves as the Chairman of key bodies including NITI Aayog, National Development Council, National Integration Council, International Council, and National Water Resources Council. 
• Decisions regarding the acceptance of titles like Bharat Ratna, Padma Bhushan, and Padma Shri are also within the purview of the Prime Minister, contributing to the nation's foreign policy. 
• The National Disaster Management Authority, the apex statutory body for disaster management, is led by the Prime Minister.  

 Deputy Prime Minister  

• The role of Deputy Prime Minister is not constitutionally specified and is often appointed due to political considerations. 
• Sardar Vallabhbhai Patel was the first Deputy Prime Minister during Prime Minister Nehru's era, and subsequent individuals, including Morarji Desai, Chaudhary Charan Singh, Jagjivan Ram, Y.B. Chavan, and L.K. Advani, also assumed this role at different times 

Prime Ministers of India 

• Former Chief Ministers who later became Prime Ministers include Morarji Desai (Bombay state), Chaudhary Charan Singh (twice in undivided Uttar Pradesh), VP Singh (Uttar Pradesh), HD Deve Gowda (Karnataka), and Narendra Modi (Gujarat). 
• The first no-confidence motion was initiated against Jawaharlal Nehru. 
• Jawaharlal Nehru, Lal Bahadur Shastri, and Smt Indira Gandhi, all three Prime Ministers, passed away during their terms of office, and Rajiv Gandhi died during the Lok Sabha elections. 

Council of Ministers 

• Article 74 and Article 75 deal with the provisions regarding the Council of Ministers. 
• There shall be a Council of Ministers with the Prime Minister as the head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice. 
• 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, as per Article 72(1)(A) added by the 91st Amendment Act of 2003. 
• According to Article 75(5), every member of the Council of Ministers must be a member of the Lok Sabha or the Rajya Sabha or must be elected as a member of either House within six months after their appointment as a Minister; otherwise, they may resign from the Council of Ministers. 
• A minister who is a member of one House of Parliament has the right to speak and participate in the proceedings of the other House also but can vote only in the House of which they are a member. 
• A minister who, for any period of six consecutive months, is not a member of either House of Parliament shall cease to be a minister at the expiration of that period. There shall always be a Council of Ministers, ensuring the presence of a Prime Minister and a functioning government. 
• The advice tendered by the Council of Ministers, including suggestions for the dissolution of the Lok Sabha, is bound to be accepted by the President. 
• The advice tendered to the President is confidential, and no question can be raised on the advice in a Court of Law. 

Oath and Salary of Ministers 

• The President administers the oath of office and secrecy to a minister. The minister swears to bear faith and allegiance to the Constitution of India, uphold the integrity and sovereignty of India, and faithfully and consciously discharge the duties of their office. 
• The salaries and allowances of ministers are determined by Parliament from time to time, equivalent to that of a Member of Parliament (MP). 
• Article 77 of the Constitution empowers the President to make rules for the more convenient transaction of the business of the Government of India and for the allocation of the said business among ministers. 
• Article 88 grants every minister the right to speak and participate in the proceedings of either House. They may also take part in any joint sitting and any committee of Parliament. 

Composition of the Council of Ministers 

• The Constitution of India doesn't categorize ministers. 
• By convention, the Council of Ministers consists of three categories: Cabinet Ministers, Ministers of States, and Deputy Ministers. 

Cabinet Ministers 

• These are senior members of the Council of Ministers who head crucial ministries like Defence, Home, Finance, etc. They form an integral part of the Cabinet and play a vital role in policy formulation. 
• The term "Cabinet" was introduced by the 44th Constitutional Amendment Act concerning emergency provisions. 
• Cabinet meetings are attended by Cabinet Ministers, and they are held weekly to discuss state affairs. 
• A new practice of Group of Ministers (GoMs) has emerged to scrutinize complex issues, where only Cabinet Ministers participate. 

Ministers of State 

• Second in rank, they may be given independent charge of ministries or attached to Cabinet Ministers. When attached, they work under the guidance of Cabinet Ministers. 
• Unlike Cabinet Ministers, they do not attend Cabinet meetings unless specially invited for matters related to their ministry. 

Deputy Ministers 

• Junior-most, they are never given independent charge of a ministry and remain attached to Cabinet Ministers or Ministers of State. 
• They assist in discharging political, administrative, and parliamentary duties effectively but do not attend Cabinet meetings. 

Difference between Council of Ministers and Cabinet Ministers: 

Kitchen Cabinet 

• The Cabinet, comprising the Prime Minister and around 15 to 20 key ministers, is the highest decision-making body in the formal sense. 
• However, in practice, an even smaller body known as the Inner Cabinet or Kitchen Cabinet has emerged as the true center of power. 

Care-Taker Government 

• It is the government formed during the interim period when the Council of Ministers resigns, loses confidence, or the Prime Minister passes away. This government lasts until the next Council of Ministers is established, serving as a constitutional necessity under Article 74. 

Responsibilities of Council of Ministers 

Individual Responsibility 

• The principle of individual responsibility is enshrined in the clause that ministers shall hold office at the pleasure of the President. This implies individual accountability to the executive head, making them liable to dismissal even if they maintain the confidence of the legislature. 

Collective Responsibility 

• The Council of Ministers is collectively responsible to the House of People (Article 75(3)*). The ministry resigns when it loses the confidence of the Lok Sabha. A vote of no-confidence against any member leads to the resignation of the entire council. This collective responsibility is to the Lok Sabha, even if some ministers belong to the Rajya Sabha. 

Cabinet Committees 

• Cabinet Committees are institutional arrangements designed to alleviate the workload of the Cabinet. These committees, not mentioned in the Constitution, operate under the Government of India, Transaction of Business Rules of 1961. 

Types of Cabinet Committees 

• Standing Committees: These are Political Affairs, Economic Affairs, Appointment, and Parliamentary Affairs Committees. 
• Ad hoc Committees: Temporary, formed as needed to address specific issues. 

The Prime Minister establishes Standing Committees of the Cabinet, outlining their designated functions. Each committee varies in size, typically comprising Cabinet Ministers, although non-Cabinet members are not excluded. 

Existing Cabinet Committees 

• Cabinet Committee on Political Affairs. 
• Cabinet Committee on Economic Affairs. 
• Appointments Committee of the Cabinet. 
• Cabinet Committee on Security. 
• Cabinet Committee on Parliamentary Affairs. 
• Cabinet Committee on Accommodation. 
• Cabinet Committee on Investment and Growth. 
• Cabinet Committee on Employment and Skill Development. 
• All committees, except the Cabinet Committee on Accommodation and Cabinet Committee on Parliamentary Affairs, are headed by the Prime Minister. 

Cabinet Secretariat 

• The Cabinet Secretariat oversees and coordinates the functions of Cabinet Ministers, constituting the Cabinet Secretariat. 
• With the Prime Minister as the head of the Cabinet, this organization encompasses the entire spectrum of governmental activities 
• It facilitates effective decision-making by circulating governmental papers among ministries. 
• The Cabinet Secretariat communicates the directives of the Cabinet or the Prime Minister on administrative and related matters, ensuring coordination among the Cabinet Committee. 
• Essentially serving as a secretariat to support and advise the Cabinet, it extends its influence on the President, Parliament, and various ministers of the Central Secretariat. 
• It traces its lineage to the Secretariat of the Executive Council of the Viceroy. 

Prime Minister's Secretariat (PMO) 

• An extrajudicial body was established to aid the Prime Minister in handling his expanding responsibilities. 
• Operates as the central office for the Prime Minister, known as the Prime Minister's Office (PMO). 
• The Prime Minister seeks assistance and advice from personal secretarial experts and staff within this framework. 
• Dedicated to objectively analyzing and legally processing the advice provided by the Prime Minister. 
• Holds the status of a department of the Government of India under the Allocation of Business Rule of 1961, with no subordinate officers attached. 
• The prominence of either secretariat has shifted over the years, depending on the working style of the Prime Minister.