THE UNION EXECUTIVE
PRIME MINISTER AND THE COUNCIL OF MINISTERS
NOTES
1. Introduction: The Parliamentary System
● Model Adopted: The makers of our Constitution rejected the Presidential system and
adopted the British model of Parliamentary or Cabinet form of government.
● Constitutional Provision: The Constitution provides that "there shall be a Council of
Ministers with the Prime Minister at the head to aid and advise the President."
● Significance of 'Shall': The word 'shall' indicates that the President cannot function
without the Council of Ministers.
● The Two Heads of Government:
○ President: The Nominal or Constitutional Head.
○ Prime Minister: The active Head.
○ Key Quote: The Prime Minister is "the pivot on which the whole Constitutional
Machinery turns’
○
2. Appointment of the Prime Minister
● Appointing Authority: The Prime Minister is appointed by the President.
● Real Criterion: The Prime Minister is the leader of the party or coalition which
commands a majority in the Lok Sabha.
● President's Discretion: In reality, this is only a formal power of the President. The
President has very little power of making a personal choice. However, circumstances
can arise when the President may have to exercise some discretion (e.g., when no
party has a clear majority).
3. Position, Powers and Functions of the Prime Minister
3.1 Prime Minister and the President
● Link: The Prime Minister is the link between the Cabinet and the President.
● Conveying Decisions: The decisions of the Cabinet are conveyed to the President
through the Prime Minister.
● Advice on Parliament: It is on the advice of the Prime Minister that the President:
○ Summons Parliament
○ Prorogues Parliament
○ Dissolves the Lok Sabha
● Communication: It is the duty of the Prime Minister to keep the President informed on
all matters of government.
● Unconsidered Decisions: If a Minister takes a decision not considered by the Council,
the President may ask the PM to submit it for the consideration of the Council.
● Tenure: The President cannot remove a Prime Minister as long as he/she enjoys the
confidence and support of the majority in the Lok Sabha. (Resignation follows a
No-Confidence Motion).
, 3.2 Prime Minister and the Cabinet
● The Prime Minister is the keystone of the Cabinet arch.
● Formation of Cabinet:
○ The President appoints Ministers and allocates work among them on the
advice of the Prime Minister.
○ The Constitution leaves the PM free to decide categories of Ministers
(Cabinet Ministers, Ministers of State, Deputy Ministers).
○ Size Restriction: The number of Ministers, including the PM, cannot exceed
15 per cent of the strength of the Lok Sabha (as per the 91st Amendment Act,
2003).
● Removal of Ministers:
○ The Prime Minister's resignation means the resignation of the entire Council
of Ministers.
○ No person shall be retained as a minister if the Prime Minister says he
should be dismissed.
● Ex-officio Chairman of the Council:
○ Presides over Cabinet meetings.
○ Decides the agenda of the meetings.
○ Listens to ministers and gives his own conclusion, which normally is the
decision of the Cabinet.
● Director and Co-ordinator of Policy:
○ Co-ordinates the working of various departments.
○ Plays a special role in co-ordinating policy in foreign, defence, economic,
and technological affairs.
3.3 Prime Minister inside the Parliament
● Principal Spokesman: He is the "principal spokesman" and defender of the
Government in Parliament.
● Announces Policies: Makes all important announcements of national policies on the
floor of the House.
● Protects Ministers: Saves his ministers from ugly or unpleasant situations when they
come under severe attack.
● Intervention: Intervenes to resolve issues that agitate MPs (e.g., caste conflict,
corruption, price-rise, terrorist attacks).
3.4 Other Roles of the Prime Minister
● International Representative: Represents India at international conferences like the
Commonwealth, Non-aligned Nations, SAARC, and BRICS.
● Leader of the Nation: The nation looks to the Prime Minister for views on every
subject and expects leadership from him.
● Face of Elections: In general elections, usually it is the Prime Minister for whom or
against whom the people vote.
PRIME MINISTER AND THE COUNCIL OF MINISTERS
NOTES
1. Introduction: The Parliamentary System
● Model Adopted: The makers of our Constitution rejected the Presidential system and
adopted the British model of Parliamentary or Cabinet form of government.
● Constitutional Provision: The Constitution provides that "there shall be a Council of
Ministers with the Prime Minister at the head to aid and advise the President."
● Significance of 'Shall': The word 'shall' indicates that the President cannot function
without the Council of Ministers.
● The Two Heads of Government:
○ President: The Nominal or Constitutional Head.
○ Prime Minister: The active Head.
○ Key Quote: The Prime Minister is "the pivot on which the whole Constitutional
Machinery turns’
○
2. Appointment of the Prime Minister
● Appointing Authority: The Prime Minister is appointed by the President.
● Real Criterion: The Prime Minister is the leader of the party or coalition which
commands a majority in the Lok Sabha.
● President's Discretion: In reality, this is only a formal power of the President. The
President has very little power of making a personal choice. However, circumstances
can arise when the President may have to exercise some discretion (e.g., when no
party has a clear majority).
3. Position, Powers and Functions of the Prime Minister
3.1 Prime Minister and the President
● Link: The Prime Minister is the link between the Cabinet and the President.
● Conveying Decisions: The decisions of the Cabinet are conveyed to the President
through the Prime Minister.
● Advice on Parliament: It is on the advice of the Prime Minister that the President:
○ Summons Parliament
○ Prorogues Parliament
○ Dissolves the Lok Sabha
● Communication: It is the duty of the Prime Minister to keep the President informed on
all matters of government.
● Unconsidered Decisions: If a Minister takes a decision not considered by the Council,
the President may ask the PM to submit it for the consideration of the Council.
● Tenure: The President cannot remove a Prime Minister as long as he/she enjoys the
confidence and support of the majority in the Lok Sabha. (Resignation follows a
No-Confidence Motion).
, 3.2 Prime Minister and the Cabinet
● The Prime Minister is the keystone of the Cabinet arch.
● Formation of Cabinet:
○ The President appoints Ministers and allocates work among them on the
advice of the Prime Minister.
○ The Constitution leaves the PM free to decide categories of Ministers
(Cabinet Ministers, Ministers of State, Deputy Ministers).
○ Size Restriction: The number of Ministers, including the PM, cannot exceed
15 per cent of the strength of the Lok Sabha (as per the 91st Amendment Act,
2003).
● Removal of Ministers:
○ The Prime Minister's resignation means the resignation of the entire Council
of Ministers.
○ No person shall be retained as a minister if the Prime Minister says he
should be dismissed.
● Ex-officio Chairman of the Council:
○ Presides over Cabinet meetings.
○ Decides the agenda of the meetings.
○ Listens to ministers and gives his own conclusion, which normally is the
decision of the Cabinet.
● Director and Co-ordinator of Policy:
○ Co-ordinates the working of various departments.
○ Plays a special role in co-ordinating policy in foreign, defence, economic,
and technological affairs.
3.3 Prime Minister inside the Parliament
● Principal Spokesman: He is the "principal spokesman" and defender of the
Government in Parliament.
● Announces Policies: Makes all important announcements of national policies on the
floor of the House.
● Protects Ministers: Saves his ministers from ugly or unpleasant situations when they
come under severe attack.
● Intervention: Intervenes to resolve issues that agitate MPs (e.g., caste conflict,
corruption, price-rise, terrorist attacks).
3.4 Other Roles of the Prime Minister
● International Representative: Represents India at international conferences like the
Commonwealth, Non-aligned Nations, SAARC, and BRICS.
● Leader of the Nation: The nation looks to the Prime Minister for views on every
subject and expects leadership from him.
● Face of Elections: In general elections, usually it is the Prime Minister for whom or
against whom the people vote.
