Prime Minister, Council of Ministers & Attorney General

India’s Union executive is a parliamentary executive: the President is the constitutional head, while the Prime Minister and the Council of Ministers form the real political executive responsible to the Lok Sabha.

• Core articles: Article 52 creates the President; Article 53 vests Union executive power in the President, but Article 74 requires a Council of Ministers with the Prime Minister at the head to aid and advise the President.
• Article 74 trap: after the 42nd Amendment, 1976, the President must act according to ministerial advice; after the 44th Amendment, 1978, the President may require the Council to reconsider once, but must follow the advice tendered after reconsideration.
• Article 75 cluster: the Prime Minister is appointed by the President; other ministers are appointed on the Prime Minister’s advice; ministers hold office during the President’s pleasure; the Council is collectively responsible to the Lok Sabha.
• Article 76 link: the Attorney General is not a minister. He is the Union’s highest law officer, appointed by the President, qualified as a Supreme Court judge, and holds office during presidential pleasure.
• Article 77 and 78: Article 77 deals with conduct of Government of India business in the President’s name; Article 78 makes the Prime Minister the constitutional channel between the President and the Council of Ministers.
• Article 88: ministers and the Attorney General may speak and take part in either House and its committees, but if they are not members of that House, they cannot vote there.
• Schedules: the Third Schedule gives oaths of office and secrecy for Union ministers; the Second Schedule is relevant for ministerial salaries until Parliament provides by law.
• Prelims focus: questions often test the distinction between appointment, pleasure, collective responsibility, individual responsibility, advice, reconsideration, and voting rights.