1. Appointing the Prime Minister
- Article 75(1): the President appoints the Prime Minister.
- Normally the leader of the party or pre-poll alliance with a majority in the Lok Sabha must be invited.
- In a hung House, the President uses discretion: invites the leader most likely to win a vote of confidence, who may be asked to prove the majority within a time.
- The Prime Minister may be from either House, but the government depends on the Lok Sabha.
Key terms
- Hung House
A Lok Sabha in which no party or pre-poll alliance has a majority.
- Vote of confidence
A vote in the Lok Sabha showing that the government has majority support.
2. Forming the ministry: tenure and size
- Other ministers are appointed by the President on the Prime Minister's advice; the President administers the oaths of office and secrecy.
- Tenure: ministers hold office during the pleasure of the President (Article 75(2)); in practice the ministry lasts while the Lok Sabha supports it, and a minister while the Prime Minister wants.
- Non-member: must become a member of either House within 6 months (Article 75(5)).
- Size: the total, including the Prime Minister, may not exceed 15 per cent of the Lok Sabha strength (91st Amendment, 2003): at most 81 with 543 members.
| Rule | What it says | Source |
|---|---|---|
| Appointment | President appoints the Prime Minister; other ministers on the Prime Minister's advice | Article 75(1) |
| Size | Not more than 15 per cent of the Lok Sabha strength, including the Prime Minister (81 for 543) | Article 75(1A), 91st Amendment 2003 |
| Tenure | During the pleasure of the President: in practice while the Lok Sabha supports the ministry | Article 75(2) and 75(3) |
| Non-member | Must enter either House within 6 months | Article 75(5) |
Key terms
- During the pleasure of the President
The formal basis of a minister's tenure; in practice controlled by the Prime Minister and the Lok Sabha.
3. Three ranks; Council and Cabinet
- Cabinet Ministers: head important ministries; members of the Cabinet.
- Ministers of State: help a Cabinet Minister or hold independent charge; attend the Cabinet only when invited.
- Deputy Ministers: assist senior ministers; no charge of their own.
- The Council is large and rarely meets as one body; the Cabinet is small, meets regularly and takes the main decisions.
| Rank | Typical work | In Cabinet meetings? |
|---|---|---|
| Cabinet Minister | Heads an important ministry | Yes, as a member |
| Minister of State | Helps a Cabinet Minister or holds independent charge | Only when invited |
| Deputy Minister | Assists senior ministers; no charge of his own | No |
| Point | Council of Ministers | Cabinet |
|---|---|---|
| Members | All three ranks | Cabinet Ministers only |
| Size | Large | Small |
| Meetings | Rarely meets as one body | Meets regularly under the Prime Minister |
| Role | Carries out decisions | Takes the main policy decisions |
| Emergency | No separate role | Must advise a national emergency in writing |
Key terms
- Independent charge
A Minister of State heading a ministry with no Cabinet Minister above.
- Cabinet
The inner group of Cabinet Ministers that takes the main policy decisions.
4. Functions of the Cabinet
- Policy making: domestic and foreign policy.
- Administrative: coordinates ministries, settles disputes, supervises implementation.
- Legislative: decides government bills; ministers pilot them; advises on summoning and proroguing Parliament.
- Financial: prepares the budget and tax proposals presented by the Finance Minister; Parliament must approve them.
- Emergency: a national emergency only on the written decision of the Union Cabinet (Article 352(3), 44th Amendment, 1978).
| Function | What the Cabinet does | Imagined example |
|---|---|---|
| Policy making | Decides domestic and foreign policy | Raises crop-insurance cover for farmers |
| Administrative | Coordinates ministries and settles disputes | Decides which ministry builds a bridge |
| Legislative | Chooses and steers government bills | Approves a wetlands bill for Parliament |
| Financial | Prepares the budget and tax proposals | Approves proposals for the Finance Minister |
| Emergency | Advises a national emergency in writing | Written decision before a proclamation |
Key terms
- Government bill
A bill introduced by a minister on behalf of the government.
5. Collective and individual responsibility
- Collective (Article 75(3)): the Council is responsible to the Lok Sabha; ministers stand or fall together; a minister who cannot defend a decision should resign; a successful no-confidence motion or defeat on the budget removes the whole ministry.
- Individual: each minister answers for his department; holds office during the President's pleasure, so the Prime Minister can have him removed without the government falling.
- The Rajya Sabha can question ministers but cannot remove the government.
| Collective responsibility | Individual responsibility | |
|---|---|---|
| Answerable to | The Lok Sabha | The President, on the Prime Minister's advice |
| For | Every decision of the government | The work of one minister's department |
| If it fails | The whole ministry resigns | That minister alone may be removed |
| Basis | Article 75(3) | Article 75(2): office during the President's pleasure |
Key terms
- Collective responsibility
Joint answerability of all ministers to the Lok Sabha for every government decision.
- Individual responsibility
A minister's personal answerability for his own department.
6. Position and powers of the Prime Minister
- Real executive: the President acts on the advice of the Council headed by the Prime Minister (Article 74); the 42nd Amendment (1976) made advice binding, the 44th (1978) allows one reconsideration.
- Over the ministry: appoints and removes ministers (through the President), allocates portfolios, presides over the Cabinet, coordinates; the Council ends if the Prime Minister resigns or dies.
- With the President: the link; must communicate decisions on administration and legislation (Article 78); advises on appointments and dissolution.
- In Parliament and the nation: leader of the majority, chief spokesperson, represents the country abroad, crisis manager.
- Strength varies: greater with a single-party majority, more limited in a coalition.
| President | Prime Minister | |
|---|---|---|
| Role | Head of the State | Head of the government |
| How chosen | Indirectly, by an Electoral College | Appointed as leader of the Lok Sabha majority |
| Power in practice | Acts on ministerial advice (Article 74) | Leads the Council that gives the advice |
| Removal | Impeachment by Parliament | Loss of the Lok Sabha's confidence |
| Single-party majority | Coalition | |
|---|---|---|
| Choosing ministers | Largely the Prime Minister's choice | Shared with partners |
| Policy | Party programme carried through | Common programme negotiated |
| Risk to the government | Low while the party is united | A partner may withdraw support |
Key terms
- Nominal executive
The head of the State in whose name action is taken (the President).
- Real executive
Those who actually decide and are answerable (the Prime Minister and the Council of Ministers).
Exam tips
Common mistakes
- Writing that the Prime Minister is directly elected by the people.
- Saying the ministry has a fixed five-year term.
- Forgetting that the 15 per cent limit includes the Prime Minister.
- Treating the Cabinet and the Council of Ministers as one body.
- Saying the Rajya Sabha can remove the government.
How marks are usually awarded
- 1-mark items: one correct option or term.
- 2 marks: two distinct points.
- 10-mark questions in 3 + 3 + 4 parts: one clear point per mark; the last part usually needs a reason, a comparison or an evaluation.