Chapter 13 : Prime Minister of India & Councils of Minister
Introduction
- Prime Minister of India is the head of the government of India. Article 75 says that the Prime Minister shall be appointed by the president. The Prime Minister can be a representative of either of the two houses in the Indian Parliament, According to the norms of the parliamentary form of government, the President must designate the leader of the majority party in the Lok Sabha as Prime Minister. Constitutionally, the Prime Minister may be a member of any of the two Houses of parliament.
- 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. Thus, the Indian Constitution itself recognizes a Council of Ministers.
Is Prime Minister of India elected or appointed?
- President of India appoints a person as the Prime Minister who is either the leader of the party which holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of the Lok Sabha by gaining the support of other political parties. All other ministers are appointed by the President on the advice of the Prime Minister.
Note: President can also appoint Prime Minister on his own discretion but only when no party has a clear majority in the Lok Sabha.
Prime Minister of India
- The prime minister is both the head of government and the real executive of the Indian system.
- Article 74 states that “There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.”
- Article 75 mentions three things:
- The President appoints the PM and other ministers are appointed by the President on the advice of the PM
- Ministers hold their office during the pleasure of the President;
- The Council of Ministers is collectively responsible to the Lok Sabha.
- Article 78 states that the Prime Minister communicates all decisions made by the council of members to the President.
- The President can also refer issues for the consideration of the council of members.
Prime Minister – Union Executive – Appointment
- Indirect election: The Prime Minister is appointed by the President.
- The President must designate the leader of the majority party in the Lok Sabha as Prime Minister in line with the norms of the parliamentary form of government.
- However, if no party has a clear majority in the Lok Sabha, the President may use his own discretion in selecting and appointing the Prime Minister.
- In such a case, the President normally selects the Prime Minister as the leader of the largest party or coalition in the Lok Sabha and instructs him to seek a vote of confidence in the House within a month.
- The President used this discretion for the first time in 1979, when Neelam Sanjiva Reddy (then President) named Charan Singh (the coalition leader) as Prime Minister following the fall of the Janata Party administration led by Morarji Desai.
- There is one further case in which the president may have to use his discretion in selecting and appointing the Prime Minister.
- However, if the governing party elects a new leader after the death of an existing Prime Minister, the President has no choice but to appoint him as Prime Minister.(Appointed Rajiv Gandhi as PM after the death of Indira Gandhi, by then President Zail Singh).
- According to the Constitution, the Prime Minister may serve in either of the two Houses of Parliament.
- Three Prime Ministers, for example, were Rajya Sabha members: Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004).
Prime Minister of India – Details
| Qualifications |
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| Oath or Affirmation of the Vice-President |
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| Terms of Office |
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| Salary and allowance |
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Power And Functions Of The Prime Minister
With Respect to the Council of Minister
- The PM recommends a person to the President for appointment as ministers.
- Portfolio allocation: The Prime Minister has the ability to appoint Ministers to portfolios.
- Chairman of the Cabinet: The Prime Minister presides over Cabinet sessions as the chairman of the Cabinet.
- If there is a significant difference of opinion among the members, he has the authority to enforce his judgment.
- The PM can ask for the resignation of any minister.
- He guides, directs, controls and coordinates the activities of all the ministers.
- If the PM resigned from his office the Council of Ministers also collapsed.
- Representative: The Prime Minister is the country’s official representative at high-level international gatherings.
In relation with the President
- Chief Advisor: The PM acts as a principal channel of communication between the President and Council of Ministers.
- He serves as the President’s chief advisor.
- The PM has to communicate the decision of the Council of Ministers relating to administration of affairs of the Union and proposal for legislation to the President.
- The PM advises the President regarding appointment of the various important officials like Attorney General, CAG, Chairman and member of the UPSC, Chairman and member of the Finance Commision and so on.
With Respect to the Parliament
- The Prime Minister is the leader of the lower house.
- The PM can recommend the President about the prorogued and summoning the sessions of the Parliament.
- The PM can recommend the dissolution of the Lok Sabha at any time to the President.
- The PM announces the government policies on the floor of the houses.
Some other functions and powers of the PM
- The PM is the chairman of Niti Aayog, NDC, National Integration Council, National Water Resource Council and Inter-state council.
- The PM also acts as chief spokesman of the Union government.
| OATH, TERM AND SALARY |
- The President administers to him the oaths of office and secrecy.
- In his oath of office the PM swear
- to bear true faith and allegiance to the constitution of India.
- to uphold sovereignty and integrity of India.
- to faithfully and conscientiously discharge duties of his office and
- to do right to all people in accordance with the Constitution and the law, without fear, favor or ill will.
- In his oath to secrecy, the PM swear not to reveal any matter that is brought under his consideration as a Union Minister except required for due discharge of duties.
- The term of the PM is not fixed and he holds office during the pleasure of the President. However, as long as the PM enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President.
- In case of loss of confidence (majority) of the Lok Sabha, the PM must resign or the President can dismiss him.
- The salary and allowances of the PM are determined by the Parliament from time to time. PM gets the salary and allowances that are payable to a member of Parliament.
| “Oath of Secrecy” should be replace by “Oath of Transparency” – Second ARC |
Relationship between the Prime Minister and the President of India
There are a few articles in the Indian Constitution that deal with the relationship both Prime Minister and the President share with each other. The articles are:
- Article 74
- Article 75
- Article 78
| Articles | Relationship between Prime Minister and the President |
| 74 | Mentions how the Prime Minister and President are both connected with the council of ministers. The Council with PM as head advise President on various issues. |
| 75 | Mentions three things:
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| 78 | PM communicates all decisions made by the council of members to the President. President can also refer issues for the consideration of the council of members. |
Facts about Indian Prime Ministers for UPSC
| Longest-Serving Indian Prime Minister | Jawaharlal Nehru (1947 – 1964) |
| Second Longest-Serving Indian Prime Minister | Indira Gandhi |
| Acting Prime Minister Twice | Gulzari Lal Nanda |
| The first woman Prime Minister to receive the Bharat Ratna | Indira Gandhi |
| First Non-Congress Prime Minister of India | Morarji Desai |
| Indian Prime Minister received Pakistan’s highest civilian award | Morarji Desai |
| Youngest Indian Prime Minister | Rajiv Gandhi |
| First Prime Minister from South India | P.V. Narasimha Rao |
| First Prime Minister of India who was a member of the Rajya Sabha | Indira Gandhi |
Council of Ministers
Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers. Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and advise the President, article 75 mentions the following things:
- They are appointed by the President on the advice of Prime Minister
- They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok Sabha. (The number cannot exceed 15%)
- 91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a member of Parliament.
- A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months.
- Parliament decides the salary and allowances of the council of ministers.
Is the advice tendered by the Council of Ministers’ binding on the President?
- Yes, the advice is binding on the President and this provision was introduced by the 42nd Amendment Act 1976 and 44th Amendment Act 1978. The acts also mentioned that the advice given by the council cannot be inquired into by any court.
Council of Ministers
Minister of State with Independent Charge:
- A Minister of State with independent charge is a minister in the State or Union Government of India who does not report to a Cabinet Minister.
- In contrast to a Minister of State, who is also a Minister but supports a cabinet minister, he is in command of his ministry.
Constitutional Provisions related to the Council of Ministers
- Article 74 (Commission to Assist and Advise the President): No court shall probe the advice offered by Ministers to the President. The President may request that the COM reconsider such advise, and after such reconsideration, the President must act on the recommendation presented.
- Article 75 (Other Ministerial Provisions): The President appoints the Prime Minister, and on the Prime Minister’s recommendation, the President appoints the other Ministers. The overall number of ministers in the COM, including the Prime Minister, must not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003. If a minister is not a member of Parliament (either house) for six months in a row, he or she is no longer a minister.
- Article 77 (Conduct of Business of the Government of India): The President shall establish guidelines for the more efficient conduct of the Government of India’s business as well as the distribution of such business among Ministers.
- Article 78 (Duties of Prime Minister as respects the furnishing of information to the President): To inform the President of all COM decisions pertaining to the administration of the Union’s affairs, as well as legislative initiatives.
- Article 88 (Rights of Ministers as respects the Houses): It states that every minister has the right to speak and participate in the proceedings of either House, any joint sitting of the Houses, and any Committee of Parliament to which he may be appointed. However, he will be unable to vote
Collective Responsibility of the Council of Ministers
- The Council of Ministers is collectively responsible to the Lok Sabha. A minister who is not a member of Parliament for six months in a row loses his or her position.
- As a member of the government, a minister can participate in both houses’ proceedings but can only vote in the house in which he is a member.
- Cabinet collective responsibility, also known as collective ministerial duty, is a legislative constitutional practise that requires cabinet members to officially support all governmental decisions taken in Cabinet, even if they do not agree with them privately.
Individual Responsibility of the Council of Ministers
- The Union Council of Ministers is the Government of India’s highest executive body.
- Individual ministerial accountability is a constitutional norm that states that a cabinet minister is ultimately accountable for the activities of their ministry or department.
Classification of Council of Ministers
Council of Ministers includes-
- Cabinet ministers.
- Minister of State.
- Deputy ministers.
Cabinet Ministers
- The strength of cabinet ministers is 15 to 20. The current cabinet minister’s strength in India is 31, including the Prime Minister.
- It is the core of the Council of Ministers.
- The term cabinet is mentioned in Article 352 of the 44th Constitutional Amendment Act 1978.
- The cabinet is the highest decision-making body regarding policies.
Ministers of state
- They are of two types: Independent charge and attached office.
- Ministers of state attend Cabinet meetings only when they are invited.
- The attached ministers of state help the cabinet ministers to assist their work.
Deputy Ministers
- These ministers are not independent and are attached to cabinet ministers. He is a Minister who works under a Cabinet Minister or a Minister of State with independent charge. His work is allotted by the Minister under whom he is working.
Cabinet Secretariat
- The Cabinet Secretariat is the highest administrative body of the Government of India. It provides secretarial assistance to the prime minister and the council of ministers. The Cabinet Secretariat was established in 1947, shortly after India’s independence. It was originally called the Prime Minister’s Secretariat. The name was changed to the Cabinet Secretariat in 1950.