Chapter-3 ‘The Prime Minister and the Council of Minister ‘The Council Of Ministers The constitution provides for a parliamentary system of democracy in our country. In this System, the president is the titular head of the executive whereas the real executive powers are vested in the council of Minister. Relationship with the president The relationship has been emphasized by various constitutional amendments: A) According to the 42% amendment to the constitution, the president shall act in accordance with the advice rendered by the council of minster as expressed by the council of minister as expressed through the prime Minister. B) On the other hand, the 44th amendment to the constitution lies down that the president can ask the council of minister to reconsider its own decision. Appointment The constitution lies down that the executive powers vested in the president shall be exercised by him through the Minister appointed by him. Formation Article 75 of the constitution stipulates that the prime minister shall be appointed by the president & the other ministers shall also be appointed b the president on the advice of the prime minister.” This is a formal proposition After the election of the Lok Sabha, the president invites the leader of the part that has the ‘majority in the Lok Sabha to form the Government & designates him as the prime minister When no single party secures an absolute majority may have some discretional option in the appointment of the prime minister. The president has the power to dissolve the Lok Sabha & order fresh elections, if he is satisfied that there is none in the house to muster a majority. Tenure Council of Minister can be indicated in various was as Shown below:* By a Direct vote of no-confidence in the council of minister as a whole or in one of the Ministers. * B rejecting a government bill or b passing a bill sponsored by the opposition but opposed b the government * By voting a cut in the annual table before the parliament budgets. * By reducing the salaries of the Ministers in the face of their Opposition. * By passing an adjournment motion to discuss an immediate issue of national concern. Categories of Mi rors, Cabinet Minister: They hold important portfolios & decide major policies of the government. Minister of State: they may or may not be given the independent charge of minister. They are not the member of cabinet & do not participate in the cabinet meeting unless specially invited. Deputy Minister: they are junior most ministers who assist the cabinet ministers & the council of ministers. Their main task is to assist the ministers with which they are respectively associated. The Cabinet The cabinet is an informal body of senior Ministers who form the nucleus of administration the cabinet consists of about fifteen ministers holding important portfolio, such as home, defense & finance. Functions of the Cabinet Legislative Functions (A) A Large number of bills are prepared introduced & piloted by the members of the cabinet. (B) The cabinet decides dates for holding sessions & for proroguing the parliament. (C) When the parliament is not in session, the cabinet recommends to the president, if necessary, to promulgate ordinances. (D) The cabinet is instrumental in preparing & moving as & when required amendments to the constitution. (E) It removes outdated laws from the statute books & makes necessary modifications in the existing laws. Administrative Functions* It formulates national policies & coordinates the activities of all the ministers & department. © Itis the cabinet which frames the executive policy of the union government. Financial functions The budget, containing estimates of income & expenditure for the ensuing ear, is prepared by the finance minister as directed by the cabinet. The cabinet determines what taxes are to be imposed & how the funds are to be spent. Diplomatic Functions The cabinet determines the foreign policy of the country & determines what type of relations India should have the various countries in the world. The cabinet also formulates & approves international treaties & bilateral agreements. Appointments All major appointments, through made by the president upon by the cabinet. Such appointments include appointments of judge of the Supreme Court, high court, governor of states, chief election commissioner & other dignitaries. Proclamation of Emergency The president cannot declare the proclamation of General Emergency under article 352 of the constitution without receiving in writing the decision of the cabinet to this effect. Co-coordinating Functions (A) To improve all proposals for legislation embodying the policies of the government. (B) To make all major appointments. (C) To settle interdepartmental disputes. (D) To execute the government policies & to co-ordinate various activities of the Government. Co-ordination between the Cabinet & the parliament Our parliamentary system of government is based on the principal of close cooperation between the executive & the legislative wings of the government.The cabinet formulates laws which are passed with the support of the majority of the ruling part in the parliament. Collective Responsibility of the Members of Cabinet The principal of collective responsibility means that the council of Ministers, as a single body, is responsible to the Lok Sabha for the general conduct of affairs of the government. Our constitution, by providing for collective responsibility of the minister to the lok Sabha has established the principal that all minister work as team. Ifa vote of no-confidence or a censure motion is passed against one-minister, the whole ministerial team has to resign all together. The parliament can exercise its control over the union ministers. Besides moving 2 vote of no-confidence, the members of parliament can ask question regarding administrative policies followed by the minister. idual responsibility of the members of the cabinet Members of the parliament can question the minister regarding matters concerning their departments. Ministers are obliged to answer such question & then ministers are responsible for action or negligence of their respective departments. Leadership of the prime minister The prime minister selects the ministers & gives them their portfolios. He presides over the meetings of the cabinet & conducts its proceedings. He can ask a minister to resign The leadership of the prime minister is an important feature of the parliamentary system of democracy in India, which is evident from the fact that with the resignation of the prime minister, the entire council of minister stands dissolved. Principal of Secrecy The principal of secrecy means that minister is obliged not to reveal an official secret pertaining to their minister or to the proceeding of the cabinet. Position & Power of the Prime Minister In relation to the council of MinistersThe prime minister makes a list of ministers to be included in the council of Minister whom the president formally appoints. The prime minister allocates portfolios among the minister among the working of various ministers. In relation to the cabinet As the leader of the cabinet, he makes the agene & directs the proceedings in the cabinet meetings. In relation to the president . It is the duty of the prime minister to communicate to the president all decisions of the council of minister relating to the administration & also the proposals for legislation. The president, in exercise of his functions, acts on the advice of the council of Minister which virtual means the advice of the Prime Minister. The prime minister assists the president in making all important appointments. It is on the advice of the prime minister that the president summons or prorogues both house of the parliament & dissolves the Lok Sabha The Prime Minister, in consultation with the cabinet, advices the president to proclaim a state of emergency. In relation to the parliament As the prime minister is the leader of the majority party in the lok Sabha, he is said to be the leader of the house. He makes policy statements on the floor of the house; he is the chief spokesman of the government in the parliament. He comes to the rescue of other ministers in the parliament if and when they are in difficulty while being attacked by the opposition benches in the house. If there is heated debate in the house, the matter generally comes to an end with the intervention of the prime minister. The sessions of the parliament are summoned & prorogued by the president on the advice of the prime minister. In relation to other Matters The prime minister plays an important role in framing the national policies.He plays a vital role in controlling the finances of the country & extends useful advice in preparing the annual budget for the nation. © He is the chairman of the planning commission which frames economic policies of the government & supervise their implementation. * The prime minister represents India in relation to other nation of the world. Distinction between the cabinet & the council of ministers {A) The council of the ministers consists of all the three categories of Ministers-cabinet Ministers, Ministers of state & deputy Ministers. The cabinet consists of a small group of senior Ministers. All cabinet ministers are the members of the council of ministers, while all ministers are not members of the cabinet. {B) The cabinet meet as a body, periodical, to shape national policies & transact government business. The council of minister does not meet as a body to transact a government business. (C) The prime minister consults the cabinet while he may or may not consult the other ministers before taking an important decision. {D) The cabinet consists of party leaders holding important portfolio called ministries. Other minister plays a secondary role in various ministries. {E) The cabinet takes over the functions assigned by the constitution to the council of ministers.