Prime Minister & Council of Ministers

Notes

Art. 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President. Art. 75: the PM is appointed by the President; other ministers are appointed by the President on the advice of the PM.

Prime Minister

Normally the leader of the majority party in the Lok Sabha. When no party has a majority, the President uses discretion.
May be a member of either House (S.P. Anand v H.D. Deve Gowda, 1996): Indira Gandhi, H.D. Deve Gowda, I.K. Gujral and Manmohan Singh were Rajya Sabha members.
A non-member can be appointed but must become a member within six months (Art. 75(5)).
Term: no fixed term; holds office during the President's pleasure in theory, but continues as long as he enjoys majority support. On the death or resignation of the PM, the entire Council dissolves.
Art. 78: Duties: communicate to the President all decisions of the Council relating to administration and legislation; furnish information the President requires; submit for the Council's consideration any matter on which a Minister has taken a decision without it.
PM is the link between the President and the Council, chairs Cabinet meetings, heads the NITI Aayog, National Security Council and several committees; recommends the dissolution of the Lok Sabha. Described as "primus inter pares" (first among equals) and the "keystone of the Cabinet arch" (Lord Morley).

Council of Ministers

Three categories: Cabinet Ministers, Ministers of State (independent charge or attached), and Deputy Ministers (not in all governments).
91st Amendment (2003): the total number of ministers, including the PM, must not exceed 15% of the total strength of the Lok Sabha; a State Council of Ministers must not exceed 15% of the Assembly, with a minimum of 12 (Delhi 10%). A member disqualified for defection cannot be a minister.
Art. 75(3): Council is collectively responsible to the Lok Sabha. Art. 88: a minister can speak in either House, but can vote only in the House of which he is a member.
Ministers take oath of office and secrecy before the President (Art. 75(4)); the Rules of Business and the Allocation of Business Rules (Art. 77) govern Government work.
Art. 74(2): courts cannot inquire into the advice given by ministers to the President.

Key Points

Art. 74: Council with PM at head; Art. 75: appointment, collective responsibility.
PM can be from either House; non-member must get elected within 6 months.
91st Amendment: ministers capped at 15% of the Lok Sabha.
Three ranks: Cabinet, MoS, Deputy.
PM's death or resignation dissolves the Council.

MCQs

Q1. The 91st Amendment limits the size of the Union Council of Ministers to: (a) 10% of Lok Sabha (b) 15% of Lok Sabha (c) 20% of Lok Sabha (d) 25% of Parliament Ans: (b).

Q2. A person who is not a member of Parliament can remain a Minister for a maximum of: (a) 3 months (b) 6 months (c) 1 year (d) Until the next election Ans: (b). Art. 75(5).

Q3. Who described the Prime Minister as the "keystone of the Cabinet arch"? (a) Sir Ivor Jennings (b) Lord Morley (c) Dr. Ambedkar (d) Dicey Ans: (b). Lord Morley's phrase. The PM is also called "primus inter pares" (first among equals).