Prime Minister & the Council of Ministers (Articles 74–75)
The real executive of India — the Prime Minister and the Council of Ministers, their appointment, collective responsibility, and the 15% cap on ministry size.
Key Takeaways
- Article 74 provides a Council of Ministers headed by the PM to aid and advise the President; the advice is binding.
- The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
- The 91st Amendment (2003) capped the Council of Ministers at 15% of the Lok Sabha's strength.
Core concept
India follows the parliamentary (Westminster) system, in which the real executive is the Prime Minister and the Council of Ministers, while the President is the nominal head. Article 74 obliges the President to act on their binding aid and advice (the President may return it once for reconsideration, but must then accept it).
Static foundation
- Appointment (Art 75): the President appoints the PM; other ministers are appointed on the PM's advice. Ministers hold office during the pleasure of the President.
- Membership: a person can be a minister for up to 6 months without being a member of either House.
- Categories: Cabinet Ministers, Ministers of State, and Deputy Ministers.
Roles of the Prime Minister
Tap each card to reveal the PM's role.
Collective & individual responsibility
Collective responsibility (Art 75(3)): the ministry sinks or swims together — a no-confidence motion against one is against all; they must resign if the Lok Sabha withdraws confidence. Individual responsibility (Art 75(2)): ministers hold office during the President's pleasure (i.e., the PM's pleasure in practice). 'The Cabinet is a ship, and if it sinks, everyone sinks with it.'
Current affairs linkage
Recurring themes: the rise of coalition vs single-party majority governments and its effect on the PM's dominance, and the working of collective responsibility in coalition ministries. (Add any recent instance testing cabinet solidarity or ministry-size compliance.)
Mains answer skeleton
Intro: The PM as the keystone of the Cabinet arch (Ivor Jennings).
Body: (a) Powers — executive, legislative, appointments; (b) 'first among equals' vs 'prime ministerial government'; (c) checks — collective responsibility, Parliament, coalition dynamics.
Way forward / Conclusion: Strength of the office balanced by accountability to the legislature.
Prelims trap zones
- Collective responsibility is to the Lok Sabha only (Art 75(3)) — not the Rajya Sabha.
- The 15% cap (91st Amendment) counts the PM plus all ministers.
- Only the Council of Ministers aids and advises; the Cabinet is its smaller, inner core (not defined originally; inserted by the 44th Amendment in Art 352).
Prelims Pointers
- A minister who is not a member of either House for 6 consecutive months ceases to be a minister.
- The PM is appointed by the President; other ministers are appointed on the PM's advice.
- Article 78 makes the PM the channel of communication between the President and the Council of Ministers.
- The total number of ministers, including the PM, cannot exceed 15% of the total strength of the Lok Sabha.
Mains Angle
- 'The Prime Minister is primus inter pares — first among equals — but far more in practice.' Discuss.
- Examine the principle of collective responsibility in the Indian parliamentary system.
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