PRIME MINISTER AND COUNCIL OF

MINISTERS

Appointment of the Prime Minister:

 The Prime Minister is appointed by the President.
 The President 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 be
appointed as the Prime Minister.
 When no single political party secures an absolutes majority in the Lok Sabha.
 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 groups or parties in order to have majority in
the House.

Formation of Council of Ministers:

The formation of the Council of Ministers may be studied under the
following heads:
i. Designation of a new Prime Minister:
The first step towards forming a new government is the
designation of a new Prime Minister.
 The Prime Minister shall be appointed by the President. and
 Prime Minister must be a person who can be sure of the support of the
Lok Sabha.
 By convention, the President has to accept the choice of the Prime
Minister in the matter of appointment and dismissal of Ministers.
 ii. Appointment of the ministers:

 The Ministers shall be appointed by the President on the advice of the

Prime Minister."
 It is a Prime Minister’s right to have a government which can work
together as a team and which can secure the support of the Lok Sabha.
 Normally, only the members of Parliament are appointed as Ministers. In
case a non-member is appointed as a Minister, he/she must be elected or
nominated to the Parliament within six months from the date of his/her
appointment. If failed to do so, he/she will have to resign from the post of
a Minister.
iii. Oaths of Office and Secrecy:
 The President administers Oaths of Office and Secrecy to the Prime
minister and other Union Ministers.
 Under the Oath of Secrecy, a minister affirms that he/ she will not reveal
to any person any matter which shall be brought under his consideration
as a minister, during his/her term and after the term.
iv. Size of the Council of Ministers:
The size of the Union Council of Ministers including the Prime Minister to
15% of the total number of members of the Lok Sabha.

v. CATEGORIES OF MINISTERS:

1. Cabinet Ministers:
 They are the most important members of the Council of Ministers.
 They hold important portfolios, --Home, Defence, Finance, External Affairs,
Railways etc.
 A Cabinet Minister is in charge of a Ministry and sometimes of more than one
Ministry.
 Only Cabinet Ministers have a right to attend meetings of the Cabinet. They
together determine the policy and programmes of the Government.
 2. Ministers of State:
 They are second category of Ministers.
 They are not members of the Cabinet.
 They may or may not hold an independent charge of any portfolio.
 They do not participate in the Cabinet meetings, but they may be invited to
attend meetings when matters concerning their departments are considered.

3. Deputy Ministers
 They are the third category of Ministers who assist the Cabinet Ministers and
the Council of Ministers.
 They are junior ministers and are placed under senior ministers whom they
have to assist.
 They do not take part in Cabinet deliberations.

Tenure of Ministers
 The tenure of the Prime Minister and his Council of Ministers is usually five
years.
 The Prime Minister and the Council of ministers are directly responsible to
the Lok Sabha, and they can remain in office as long as they have the
majority support of the Lok Sabha.

POSITION AND POWERS OF THE PRIME MINISTER

1. In relation to The President
 Prime Minister is the principal advisor of the President.
 It on the advice of the Prime Minister that the President summons both
Houses of Parliament and dissolves the Lok Sabha before the expiry of its
term.
 The Prime Minister, in consultation with the Cabinet, advises the President to
proclaim a state of emergency.
 He is a link between the President and the Council of Ministers.
  All authority vested in the President is exercised by the Prime Minister.
 The Prime Minister chooses the ministers and, on his advice, the President
appoints them.
 The ministers may be dismissed by the President on the advice of the Prime
Minister.
 The Prime minister advises the President on various appointments to
important posts. [Judges of the Supreme Courts, Governors,
Ambassadors..etc]

2. In relation of the Cabinet and Council of Ministers

 The Prime Minister is the leader of the Cabinet and presides over the
meetings and conducts its proceedings.
 The Prime Minister has the power to direct and coordinate policy: The PM
coordinates the working of various departments so that administration is
carried on smoothly. In critical matters such as foreign, defence, economic
and technological affairs.
 The Prime Minister coordinates the policy of the government.
 The Prime Minister has the power to allocate portfolio and to reshuffle the
Council of Ministers.
 The Prime Minister has the power to select and dismiss Ministers, done
formally by the President.
 The Prime Minister can ask an erring Minister to resign.
 Resignation of the Prime Minister: The Prime Minister’s resignation implies
the resignation of the entire Cabinet.

3. In relation to the Parliament

 Leader of the Lok Sabha: As the Prime Minister is the leader of the majority
party in Parliament, Lok Sabha. He/she is said to be the leader of the House.
 Spokesperson of the Government: As he/she makes all important
announcement on national policies statements on the floor of the house, the
PM is known as the Chief Spokesperson of the Government in the Parliament.
 Intervention in case of Controversial Issues: In case of a heated debate in
the House, The Prime Minister intervenes the matter to resolve it.
  Defender of Government Policies: He/she defends other ministers when
they are in difficulty while being attacked by the Opposition.

Prime Minister as the Leader of Nation

 The Prime Minister represents the nation.
 During a national crisis, the Prime Minister is supported by the opposition
parties.
 The PM tries to protect the interests of the country in international forums.
 The PM decides what kind of relations India would have with other countries.
 The PM is also the ex-officio Chairman of the Niti Aayog [Planning
Commission] and the Atomic Energy Commission.

Collective Responsibility of the Members of Cabinet

 The Council of Ministers are collectively responsible to the Lok Sabha for the
conduct of affairs of the Government.
 The decisions taken by the Cabinet are binding on all ministers.
 Members of the Cabinet swim and sink together.
 If a vote of No-Confidence is passed against a minister, the whole ministerial
team has to resign all together.

Individual Responsibility of The Members of Cabinet

 Every minister is responsible for the functioning of his department to the
Parliament and individually responsible to the head of State.
 Members of the Parliament can question them concerning their
departments. They are obliged to answer them.
 The minister shall be liable to be dismissed by the President on the advice of
the PM for their undesirable activities.
Distinction between Cabinet Ministers and Council of Ministers
Cabinet Ministers Council of Ministers
They are a small group of senior They are more in numbers. They
ministers consist of all categories of
ministers.

They meet as frequently as They meet rarely as a body to

possible [Cabinet Meetings] transact the government
business
The PM consults the Cabinet in The PM does not consult the
taking important decisions ministers in taking important
decisions
They are senior ministers holding They may or may not hold
important portfolios independent charge
The Cabinet advises the The President does not take the
President in day-to-day advice of the Council of Ministers
governance of the country

FOR YOUR INFORMATION:

CHECK ON THE AUTHORITY OF THE PRIME MINISTER:
I. Though the Prime Minister is the leader of the majority party, he has to
ensure the support of his ministers as well as the party.
II. In case of coalitions, when the Prime Minister does not enjoy an absolute
majority in the Lok Sabha, his position becomes more vulnerable.
III. Opposition parties always look for a chance to criticise the Prime Minister.
IV. The Press and public opinion act as effective checks on Prime Minister’s
authority.
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