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Prime Minister and Chapter

Council of Ministers 3
osyiabusimien option in the appointment of the Prime Minister.
But, the President has to appoint that person
Prime Minister and Council of Ministers who can prove that he/she has the support
to
Appointment, formation of Council of Of Some smaller groups or parties in order
Ministers, tenure, functions policy have majority in the House.
mgking, administrative, legislative, financial,
emergency. Position and powers of the COUNCIL OF MINISTERS
Prime Minister. Collective and individual Article 75 of the Constitution states. that the
responsibility of the members of the Cabinet.
Prime Minister shall be appointed by the President
Distinction between Council of Ministers and and the other Ministers shall be appointed by the
Cabinet. President on the advice of the Prime Minister."
By convention, the President has to accept the
THE PRIME MINISTER choice of the Prime Minister in the matter of
The Constitution of India provides for a Council of appointment and dismissal of Ministers.
Ministers,with the Prime Minister at the head, to Normally, only the members of Parliament
aid and advise the President. The President acts are appointed as Ministers. In case a non
in accordance with their advice, in the exercise member is appointed as a Minister, he/she
of his/her functions. The President may require must be elected or nominated to the Parliament
the Council of Ministers to reconsider their within six months from the date of his / her
advice, but he/she shall act in accordance with appointment. Failing this, he/she will have to
the advice tendered after such reconsideration. resign from the post of a Minister.
Ours is a Parliamentary Form of Government; Before 1979, the Constitution did not
therefore, our President is only a nominal Head refer to the word Cabinet'; it referred only to
of the State. Thus, the Council of Ministers,
headed by the Prime Minister, is the most
powerful institution in the Indian polity.
Appointment
The Prime Minister is appointed by the President.
The President cannot act arbitrarily in this
appointment. According to convention, the
Presidernt invites the leader of the majority party
Or group in the Lok Sabha to form the
Government.The members of the majority party
or the group elect their leader to beappointed as
the Primne Minister. The President then appoints
nim/her as the Prime Minister. When no single
POntical party secures an absolute majority in
CIe Lok Sabha, the President may have some Narendra Modi, Prime Minister of India

205
FTime Minister and Council of Ministers
 the Loincil of Ministers The 44th Amendment The Council of Ministcrs
At prrdes tbat thr President shail not issTe
a Procamation
Primc Minister and a
minnsters appointed by the of numberCompr1se othe
President
of
National Emergncy untess advice
the deCISion of the U'nion Cabinet (7e the of the Prime Minister
Pime Ministe and other Ministers of Cabinet
on the
The Constitution of India
rank) has hern comnunrated to him/her in specifv cither the number of
classifymembers thr
WTitin After this the distinction between Council of Ministers or
the Cabinet and the Counil of
Mini_ters, has of the Council into
the of
different ranks
amendment)the ActHomew. ernvheerra
become evident klnoqhael
ef oeolrn Fa tu t)AÐ the Constitution (9lst
1
Cabinet Ministers They are the most has put a ceiling on the size of
** importAnt members of the Council of Ministers.
Thev hoid important portfolios, like
Ministers at the Centre and in
the Counci 200,l f
Defence. Finance, External Affairs. Railways, etc
A Cabinet Minister is in charge of a
15 per cent of the strength of the
and State Legislatures. In the
case LokSt a
of Satha
te s o
States, the maximum number
and sTMe tines of more than one Ministuy
MinistIy. allowed is 12. This of srmaler
Only Cabinet Ministers have a nght to
meetings of the Cabinet. Thev together attend
determine
step was
defections from one party to another to
to curb the government
taken
and cherk min1sters
the policy and programme of the
Government. of jumb0 size ministries. expenditure On also
2. Ministers of State: Thev are the
second
category of Ministers. They may or may not The Cabinet
aco0unt
hoid an independent charge of any
The Prime Minister may portfolio. a Formation: The Cabinet
or may not consult
them. They do not participate in the
meetings. But they may be invited to Cabinet
the
small but important body of
party, who are senior
included in the
composed
of
leaders
of
attend
meetings when matters concerning their. decide major Ministers. They hold
policies important
of the portfolios and Council
oi
departments are being considered. being trusted colleagye Ehe Government.
3. Deputy Ministers: They
are the third form the nucleus of the They
Prime Minister
category of Ministers who assist the Cabinet the
Ministers and the Council of Ministers. They administration.
Cabinet is the pivot round which theInhole fact.
junior ministers and are placed
under
are
senior
administratjon reyolves.
ministers whon they have to assist. They take abinet
Such decisions takes
no part in Cabinet
deliberations. are important decisions.
other Ministers and they communicated to the
have to follow these
decisions even
been a party to though
such
they might not have
decisions.
Cabinet Appointment of the Cabinet: The Prime
Minister selects his/her senior and trustworthy
colleagues and advises the President to appont
them as Cabinet
Ministers. The President then
appoints them as Ministers as per the
Individual
Collective
Responsibility Responsi of the Prime adyjct
bility Minister,.
Parliament Term of 0ffice of he
1. The
of theministers hold office during tthe
pleasure
President.
little power
President has
even inButthistheregard because,
the Prime Minister and the Council of
Responsibility of the Cabinet Ministers
are directly responsible t othe
Lok Sabha and can remain in office solong
206 as they enjoy the support in
the
majority
Civics-10
Total History &s
 of
People(Lok Sabha). If the Lok
the
FEATURES OF THE CABINT SYSTM
House vote of No-Confidence
passes a
Sabha
Council of Ministersthey have The Cabinet is the apex body consisting of
against the ministers of Cabinet rank and headed by
toresigncollectively.
the Prime Minister. The main features of the
collectivelv
toncil of Ministers are Lok Cabinet System are:
responsibleto the
Sabha(Mut 1. President as Nominal Head The President
Minister enters upon his/ her is the Constitutional Head of State with the
Before a
the President administers himn the. executive power in the hands of the Cabinet The
ofice, of Secrecy.
Office and Cabinet, in the name of the President.formulates
Oath of policies of the Government, directs their
Oathof Ofice the Minister swears to:
the
In implementation and is accountable for them.
bear true faith and allegiance to the 2. Coordination between Ministerg4541
(a) Constitution of India; ercom Parliggent; The Ministersact as both legislators
uphold the sovereignty and integrity and admínistrators." As legislators, they attend
(b) of India, the meetings of Parliament and take active part
in its debates and discussions. As administrators,
faithfully andconscientiously discharge they hold different executive portfolios and carry
his/her duties without fear or favour, on administration of the Union Government.
action or ill-will. mot how fareey lo
oy one The Ministers are Members of Parliament
swears
In'the Oath of Secrecy, the Minister and enjoy the support of their Party, which
t to directly or indirectly communicate holds the majority in the Lok Sabha. Bills moved
matter which is by the Ministers are normally bound to have
or reveal to any one, any the support of the MPs of the ruling Party and
brought for consideration except as may
duties. are passed in Parliament without difficulty.
be required for the discharge of his Thus, there is a close coordination between the
a member of
4 Every minister must be Executive and the Legis<ature,
either House of the Parliament or must 3. Leadership the Prime Minister: T h e i
become one within six months of his/her Prime Minister heads the Cabinet. He/She
appointment, failing which he/she will determines its composition, because on his/
have to vacate his/her office. her advice the President appoints the Cabinet.
5. The salaries and allowances of
Ministers He/She acts as the link between the Cabinet
are such as Parliament from time to time and the President. He/She decides the agenda
by law determines. of Cabinet meetings and presides over them.
4. Control of Parliamnent over the Executive:
POWERS AND FUNCTIONS OF Parliament ensures Cabinet's responsibility
Parliament
THE CABINET to the people, in general, and to the
methods adopted by the
as a whole. The
Administrative Powers Parliament are
the Council
1. Policy Making: The Cabinet formulates (a) A vote of No-Confidence in
both external and domestic policies of the of Ministers.
Government. It takes decisions on matters such (b) Rejection of a Government bill.
the Government.
as defence, economic policy, security needs, (c) Passing a bill opposed by
President's rule in State, formation of new (d) Voting a cut in the Budget.
States, industrial policy, imports and electoral amendment to a bill against
(e) Passing an
Terorms. Individual Ministers have reasonable the wishes of the Government.
freedom of action, but on all major matters of the Ministers.
() Reducing the salaries
they have to consult the Cabinet.
(g) Asking questions.
. Implementation of Policies: Once a (h) Adjournment motions.
POtey decision is taken by the Cabinet on any government measures.
i) Rejecting some
subject, it is conveved to the Minister of State and 207

TTime Minister and Council of Ministers Cabido

 Ministers and the Cabinct
Disinction bet wecn Council of
Cabinet
Counell of Minleters
1. The Cabinet'is
i asmaller
1. The Council of Ministers consists of all group
of senior Ministers
holding consisting
categories of Ministers - Cabinet Ministers,
Ministers of State and Deputy Ministers. portfolios such as
Home, etc.
Defence,imFiportnance.ant
2. The Prime Minister may or may not consult 2. They are the most trusted
the other Ministers, below the rank of Cabinet
Ministers.
the Prime Minister. The
always consults them.
col
Primeleagues
The decisionsMinister
of
Cabinet are binding on all the ,of the
3. In the day-to-day working of the government, 3. The Cabinet is a small cohesive ministers.
the Council of Ministers as a whole rarely senior Ministers who determine thhegroup of
meets. and programme of the policsoy
4. According to the Constitution, the President
Government;
they meet as frequently as possible.
4. In day-to-day governance of the
acts on the advice of the Council of Ministers. count:
the Cabinet advises the
President,
In reality, it is not the Council of Ministers but
the Cabinet which advises the
President.
the Prime Minister. ,through
the Deputy Minister of the concerned
They work out the details and pass Ministry.
95 per cent of the Bills. The
it to the that the Cabinet formulateslegislative
are calledproposals
civil servants under that Ministry to
the decision. In this way, the implement Bills. These Bills are given priority and Offcial
business of the over Private Bills. Formulation of these preference
Government is managed jointly by the Council
of Ministers and the civil involves not only preparing the draft of the
Bills
servants concerned.
3. Coordinating the proposals but also presenting them before the
Various Ministers: The Cabinet Functioning of Parliament for approval. The Cabinet explains
coordinates the merits of the Bill.
the working of various
departments for the
smooth implementation of government policies. It is the
Cabinet who pilots the Bill through
Any government policy, be it various processes of legislation from introduction
eradicating
unemployment, improving public health services to the final passage of the
or
Bill. The Parliament
increase in
government revenue, only discusses,, Scrutinises
involvement of several departments for its its seal öf approval, legitimisesandthebylegislative
requires putting
formulation and implementation. proposals formulated by the Cabinet.
4.
thoughAppointments: majorAll 2. Source of
made by the President,appointments,
are decided along with the Information: The ministers
upon by the Cabinet. Such secretaries of the concerned
to the appointments refer departments answer
by the members of thequestions put to them
appointment of Judges of the Supreme
Court, High Courts, Governors of Lok Sabha and thus
Election Commissioner and other State, Chief provide information to the public
dignitaries. representatives. through ther
The Cabinet chooses our 3.
other nations. ambassadors to Amendment to the Constitution: The
Cabinet is instrumental in planning and
Legislative Powers the
Amendment to the movng
1,
Introduction of Bills: The 4. Summoning the Constitution.
the departments of Cabinet and Houses of Parliament.
in legislation. In fact,administration take Although the Houses are Summoned by the
the Cabinet initiatesinitiative President, initiative in this matter is taken by
almost the
208
Ministry of Parliamentary Affairs.

Total History & Civics-10

 President's Special Address: The
the Administrative, Legislative
abnet
prepares President's Special Address Powers Powers
Parliament.The Cabinet, thus, sets forth
o
legislativeprogramme
the
at the commencement
s
session of Lok Sabha after each
first
Election and at the commencement of
the
of
General Cabinet
sesSion of Parliament each year.
first
Issuing Ordinances: Cabinet also advises
6.
President to issue ordinances when the
Financial
Powers
Parliamentis not in session.
the
during an
Powers
FinancialPowers Emergency
Powers and Functions of the Cabinet
1. : Thei Finance Minister prepares the
Budget:
Annual Budget containing estimates of income dictatorial tendencies, he/she cannot escape the
exxppenditurefor the ensuing year. Though loss of conidence of the Parliament during his/
and passed by Parliament, usually no
the budget is her tenure as well as that of the electorate in
changes are made in the budget figures against
the following general elections. Thus, he/she
wishes of the
Cabinet. Any amendment to is the head of the Government and answerable
the wishes of the
ie budget proposals against the to the people of the country.
binet that may be passed by the Lok Sabha
amounts to a vote of No-Confidence in the Prime Minister and the President
Ministry. It happens only when the Ministry 1. All authority vested in the President is
tos lost the support of the majority in the exercised by the PrimeMinister. He/She
Sabha. In such a situation the Ministry is the principal advisor of the President.
must reSign. Thus, the President is the nominal head
2. Finances of the Government: The and the Prime Minister is the real executive co
Cabinet is responsible for the expenditure of of the Indian Union,
the government, for presenting the demand for 2. It is on the advice of the Prime Minister that
rants and also for raising necessary income the President summons and prorogues the s
by various means including taxation. Parliament and dissolves the Lok Sabha.
3. Introduction of Money Bills: A Money 3. The Prime Minister chooses the ministers
Bill can be introduced only in the Lok Sabha. and, on his/her advice, the President
appoints them. The ministers may be
Emergency Powers dismissed on the advice of the Prime
The President cannot declare a Proclamation Minister.
of General Emergency under Article 352 of the 4. He/She advises the President on various
Constitution, without receiving in writing the appointments to important posts such
decision of the Cabinet to this efect. Similarly, as the Judges of the Supreme Court, the PM
the questions of Proclamation of Financial Governors and Ambassadors.
Emergency and of President's rule in a State Oabinet
are also decided by the Cabinet. 5 He/She is alink between the President and
the Council of Ministers. Our Constitution
POSITION AND POWERS OF THE lays down that it shall be the duty of the
Prime Minister to communicate to the
PRIME MINISTER President all decisions of the Council of
While the President is the nominal head of Ministers relating to the administration
State, with the backing of a majority in the Lok of the Union and the proposals for
Sabha, the Prime Minister is the real head of legislation. AMinister cannot discuss any
ne nation. But in a parliamentary democracy matter of national policy with the President
his |her deeds are closely judged not only by on his/her own.
ne Opposition but also by the members of 6. The President can ask the Council of
his/her own party. If he/she tries to assume Ministers to reconsider any matter, which

209
Prime Minister and Council of Ministers
iole
 the
has not been considcred by the Cabinet under attack in
Minister comes to defend
Parliament, the
the issIe Pme
and on nhich à deciaion has been taken
bt a Minister The President may call 4. Intervention in Case of
involvel
for inoImaTon regard1ng the affairs ot
the Unon and the Prime Minister has to
Issues: There are somne Controversial
the language issue, Centre- State
Contissues
roversilikeal
fum1sh such information
Prime Minister and the Cabinet
price-rise and atrocities on wmen
,R)4.memberslose their temper. If an ugly
as e
relations,
over which
1. Leader of the Cabinet: The Prime, narjses in any of the
Houses,the
intervention of the matter sigeneral
tuationly
Munister is the head of the Cabinet. No provision nds withthe
is made in theConstitution for the appointment cine Minister as Leader of the Nation
Prime Minister.
of different categories of Ministers such as
Ministers of the Cabinet rank. Ministers of State 1. The Prime Minister represents the
and Deputr Ministers. The Prime Minister has When he speaks, the whole
is
nation.
nation
the liberty to decide on these matters. supposed to be speaking through him
2. Power to Allocate Portfolios and to 2. During a national crisis like war,
Reshufe the Council af Ministers: It is the even
the opposition parties support the Prime
Prime Minister who allocates departments or Minister.
portfolios to the Ministers. He/She can reshuffie
3. The Prime Minister decides what
his/her Council of Ministers whenever he/she kind
of relations India woud have with other
pleases.
countries.
3.Power to Select and Dismiss Ministers:
The Prime Minister chooses the Ministers and 4. The Prime Minister tries to protect the
has the power to dismiss them too. He/She interests of the country in international
can ask an erring Minister to resign. forums. He/She discusses matters of
4. Power to Direct and Coordinate Policy: mutual interest with other leaders, keeping
The Prime Minister coordinates the working of the interests of India in mind.
various departments so that administration is 5. At the time of General Election, it is the
carried on smoothly. In critical matters such proposed Prime Minister for whom or
as, foreign, defence, economic and technological against whom the people vote.
affairs, he/she coordinates the policy of the
Government. 6. The Prime Minister is also the ex-officio
Chairman of the Niti Aayog and the Atomic
5. Resignation of the Primne Minister:
The Prime Minister's resignation implies the Energy Commission.
resignation of the whole Cabinet.
Check on the authority of the Prime Minister
Prime Minister inside the Parliament 1. Though the Prime Minister is the leader of
1. Leader of the Lok Sabha: As the Prime the majority party, he/she has to ensure
Minister is the leader of the majority party in the support of his ministers as well as
Parliament, he/she is said to be the leader of the party.
the House. 2. In case of coalitions, when the Prime
2. Spokesperson of the Government: The Minister does not enjoy an absolute
Prime Minister is the chief spokesman of the majority in the Lok Sabha, his /her position
Government in the Parliament. He/She makes all
becomes more vulnerable.
important announcements on national policies
on the floor of the House. 3. Opposition parties always look for a chance
3. Defender of Government Policies: The to criticise the Prime Minister.
Prime Minister defends the Government in the effective
4. The press and public opinion act as
Parliament. When a policy or a Minister comes checks on Prime Minister's authority.

210 Civics-10
Total History &
 INDIVIDUAL RESPONSIBILITY
COLLECTIVE RESPONSIBILITY
individually responsible to the
Article 75(3) of the Constitution "the TheMinisters are office during the
Under Ministers shall be collectively President, i.e., they hold may be dismissed
Council of pleasure of the President
and
responsible to the House of the People." of the
him/her, of course, on the advice the
principle of collective responsibility by when they may have
The Prime Minister even
implies the following: confidence of the Legislature. Parliament
decisionstaken in the meetings of the is answerable to
Minister
The
) Cabinet are equally applicable to all the Each
department under his/her control. It
for the all the
Ministers even though they
may differ
obligatory for him/her to answer
regarding the
a particular policy. is the MPs,
among themselves on questions asked by
department.
responsibility functioning of his/her
t) All Ministers jointly share thepolicies and for matters such
government's responsible
for the must function Every Ministeris departure from official
.performance. The Ministersand defending as, (a) personal
lapse (b) department
supporting or by his/her
policy by him/herof secrecy and so on. owned
team in There
as a policies inside as well as
government of oath
(c) breah occasions has
outside Parliament. when a Minister
shortcomings
are many
No-Confidence against one responsibility for the
mistakes or
him/her and
resigned
ii) A Vote of a vote against the whole department under
Minister is Ministry that has lost the of the
a from his/her post.
Ministry. Such Sabha has to resign.
confidence of the Lok
GLANCE
CHAPTER ATA President of India. Ministers.
by the State, and (ii) Deputy important
Minister: appointed Ministers of who hold
Ministers; (ii) the party
The Prime (i) Cabinet senior leaders of
Ministers: body of
Council of Cabinet: a small Government. colleagues-The President of India
Composition of the not
major policies of the trusted Constitution vests
decide recommends his under the
Indian head.
portfolios and Minister power Minister as its
Prime
Theministers-The real
executive the Prime
Appointment: Council of
Ministers with
as
appoints them but in the Union Coordination of the
President Policies (iii)
in the the
Cabinet Implementation of
Functions of
Making; (ii) Amendment to
Powers and (i)Policy Information; (üi) Issuing
Administrative Powers: Ministers. (ii) Source of Special Address; (vi)
various Bills;
Introduction ofParliament; President's
Functioning of (v)
Functions: (i) Houses of of Monev Bills.
Legislative Summoning the Introduction
Constitution: (iv) Government (iii) Emergencv.
Finances of the proclaim President on
Ordinances. (i) President to the
Budget recommends to the appointed by Chairman
Powers: (i) ministers are decisions: (iii) Asbetween the
Financial Cabinet
Powers: The Minister: (i) Allthe infiuences Cabinet acts as a link ministries:
Emergency Prime Minister He/Shedepartments and
the Prime (iv) (vil)
Powers of (ii) The casting vote; various Government: and
Position and Prime Minister; exercises a policies of the the Commission.
advice of the Ministers,he/she coordinates the Chief spokesman of Energy Ministers is
the
Council of Cabinet:(v)He/She Sabha and the and the Atomic Council of Sabha.
of the and the Lok Commission Ministers: The the Lokpleasure
President leader of the Planning confidence of
cilof
He/She is the
Chairman the
ofResponsibility of the Coun ifit loses the office during the when
(vi) even
He/She is the Collective Parliamentand has President, to resign i.e., they hold Prime Minister
Individualand the advice of the
responsible to the responsible tohim/her, on the
collectively individuallydismissed by 211
Ministers are be Legislature.
The and may the
ident idence of