Aspirant Academy

Polity, Governance and Current Affairs

Prime Minister and Council of Ministers

President, Vice President, Prime Minister, Council of Ministers, Parliament

Paper III · Unit 1 Section 5 of 11 0 PYQs 30 min
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Prime Minister and Council of Ministers

4.1 The Prime Minister

Appointment (Article 75(1)): Appointed by the President. Constitutional convention requires the President to appoint the leader of the party/coalition commanding majority in Lok Sabha. No formal constitutional test for majority exists — it is determined by convention and political reality. The President exercises discretion only when the election result is hung.

Qualifications: Must be a citizen of India and a member (or within 6 months, become a member) of either House of Parliament.

Powers and Role of the Prime Minister

  • Communicates all decisions of the Council of Ministers to the President
  • Recommends to the President regarding appointment of ministers, governors, ambassadors, CAG, etc.
  • Advises the President on dissolution of Lok Sabha
  • Chairs Cabinet meetings and directs overall policy

Accountability: The PM is accountable to Lok Sabha and must resign if the Council of Ministers loses the confidence of Lok Sabha (no-confidence motion). A PM need not be a Lok Sabha member — can be from Rajya Sabha (e.g., Dr. Manmohan Singh, 2004–2014, was a Rajya Sabha MP).

4.2 Council of Ministers

Three tiers:

  1. Cabinet Ministers — Senior ministers; members of the Cabinet; attend all Cabinet meetings; collectively decide major policy
  2. Ministers of State (with independent charge) — Independent responsibility for a ministry without a Cabinet Minister above them
  3. Ministers of State — Assist a Cabinet Minister; do not independently attend Cabinet meetings

Collective Responsibility (Article 75(3))

  • The entire Council of Ministers is jointly responsible to Lok Sabha
  • If a no-confidence motion is passed against the government, the entire Cabinet must resign — even ministers who personally voted against the government's position
  • Cabinet solidarity principle — if a minister disagrees with Cabinet decisions publicly, they must resign; private disagreement is expected, public dissent is not permitted

Size limit: After the 91st Amendment 2003, the total strength of the Council of Ministers (including PM) cannot exceed 15% of the strength of Lok Sabha, and must be at least 12. The same rule applies to state Councils of Ministers.

4.3 Responsibility — Individual vs. Collective

Principle Meaning Constitutional Basis
Collective Responsibility Entire CoM must resign if Lok Sabha passes no-confidence motion Article 75(3)
Individual Responsibility Each minister individually responsible to President (can be dismissed by President on PM's advice) Article 75(2)
Ministerial Responsibility Ministers cannot be prosecuted for acts done in their official capacity Doctrine; no single Article