Prime Minister and the Cabinet Ministers in India - Synopsis
Introduction
 The Constitution of India establishes aparliamentary system of government, characterized as ademocracy. In this
 system, the Prime Minister serves as the presiding and actual head of the government and the executive branch, while
 the President acts as the nominal head. The Prime Minister leads the Union Council of Ministers and is the chief
 adviser to the President of India.
 Appointment of the Prime Minister
       Election Process: According to Article 75 of the Constitution, the President of India appoints the Prime
         Minister. Typically, the President appoints the leader of the majority party or coalition in the Lok Sabha as the
         Prime Minister, following parliamentary conventions.
         Presidential Discretion: When no party or coalition secures a clear majority in the Lok Sabha, the President
         may exercise personal discretion to appoint a leader capable of forming a stable government or securing a
         majority in the house.
         Appointment of Other Ministers: AIlother ministers are appointed by the President on the advice of the
         Prime Minister.
  Councilof Ministers
        Appointment: The President appoints allministers on the advice of the Prime Minister (Article 75.1). The
         Prime Minister is responsible for allocating and reshufling portfolios within the Council of Ministers.
         Dismissal Powers: The President's power to dismiss an individual minister is effectively exercised by the
         Prime Minister, who can select, dismiss,or request the resignation of ministers.
         Membership Requirement: A minister must be a member of either house of Parliament (Lok Sabha or Rajya
         Sabha). If anon-member is appointed, they must secure aparliamentary seat (through election or nomination)
         within six months of appointment, or resign.
         Distinction Between Council of Ministers and Cabinet: The Council of Ministers is a broader body that
         includes all categories of ministers, while the Cabinet is asmaller, senior group within it.
Categories of Ministers
The Councilof Ministers comprises three categories:
    1    Cabinet Ministers:
             o The most senior and important group, holding major portfolios such as Defence, Home Affairs,
                 Finance, Foreign Affairs, and others.
                 Form the Cabinet, a cohesive group responsible for formulating key government policies.
                 Act as the chief policy-making body of the central government.
    2. Ministers of State:
                 Junior ministers who may assist Cabinet Ministers, have independent charge of a ministry, or manage
                 specific departments.
                 Not typically consulted by the Prime Minister for major decisions and do not attend Cabinet meetings.
                 Rank below Cabinet Ministers but above Deputy Ministers.
    3. Deputy Ministers:
                 Assist Cabinet Ministers or Ministers of State in administrative, political, and parliamentary duties.
                 Have no role in national policy formulation.
                 Lowest rank among the three categories.
Most Important Category: Cabinet Ministers are the most significant due to their role in policy fommulation and
control over critical portfolios.
Term of Office
        Duration: Ministers typically serve a five-year term, aligned with the Lok Sabha's tern.
        Article 75: Ministers hold office "during the pleasure of the President" and are collectively responsible to
        the Lok Sabha (Article 75.3).
        Collective Responsibility: If the Lok Sabha passes a vote of no-confidence against the Council of Ministers,
        the entire council must resign.
Powers and Functions of the Cabinet - The Cabinet, led by the Prime Minister and comprising senior ministers, is
the primary policy-making body of the government. Its functions span multiple domains:
                                                            1
                                                                                                                         Serves   t onChecks
                                                                                                                                               Jaces
 Administrative Powers - Policy Formulation
         Acts as a deliberative body,discussing and resolving national and international issues.
        Formulates external (foreign) and domestic policies.
        Coordinates activities across various govenment depart1ments to ensure smooth policy
        Advises the President on major appointments, such as Supreme Court and High                   implementation.
        ambassadors.                                                                            Court   judges and
Legislative Functions
        Prepares over 95% of government bills, guiding them
        Plays a key role in constitutional amendments, framingthroughand
                                                                            the legislative process in Parliament.
                                                                         moving
        Recommends the issuance of ordinances by the President when Parliament    them.
        Prepares the President's special address to Parliament.                          is not in session.
        Advises the President on summoning and proroguing both houses of
Financial Functions                                                                Parliament.
        Prepares the annual budget, including estimates of income and expenditure,
        Responsible for the state's entire expenditure and raising                         for parliamentary approval.
       Only Cabinet Ministers can introduce money                   necessary revenue.
                                                       bills in Parliament.
       The Finance Minister has the final
Diplomatic Functions                         decision-making authority on financial matters.
       Formulates the country's foreign policy and determines India's
       Strives for unanimous agreements to present a unified policy, relations with other nations.
       Approves international treaties and bilateral                      reflecting collective responsibility.
                                                        agreements.
       Plays a key role in selecting ambassadors for various
                                                                 countries.
Emergency Powers
        The President cannot declare a proclamation of
                                                        emergency without the Cabinet's decision.
        Decides on the imposition of Presid ent's Rule and
                                                           financial emergencies in states.
Powers and Functions of the Prime Minister
The Prime Minister holds a central role in the
The Prime
                                               governance structure, with authority across multiple domains:
            Minister and the President
        The President is the nominal head, while the Prime Minister
                                                                      is the real
        All presidential appointments (e.g., ministers, judges, ambassadors) are executive of the Indian Union.
                                                                                  made on the Prime Minister's advice.
        The Prime Minister advises the President on summoning,
        Acts as the link between the President and the Cabinet,
                                                                   proroguing,    and  dissolving the Lok Sabha.
        on administration and legislation.
                                                                   communicating     all Council of Ministers' decisions
        All presidential powers are efectively exercised by the Prime Minister.
        If required by the President, the Prime Minister submits matters decided by an
                                                                                       individual     minister for
        consideration by the Council of Ministers.
The Prime Minister and the Cabinet
       Leads the Cabinet as its head and presides over all its meetings.
       Allocates portfolios and departments to ministers and has the authority to select or dismiss them.
       The Prime Minister's resignation triggers the resignation of the entire Cabinet.
       Coordinates the functioning of various departments for smooth administration.
        Serves as the ex-officio chairman of the Council of Ministers.
The Prime Minister and the Parliament
        Acts as the leader of the majority party in Parliament.
        Serves as the chief spokesperson and defender of government policies in Parliament.
        Advises the President on summoning, proroguing, and dissolving the Lok Sabha.
        Protects ministers from severe criticism in Parliament and defends the government as a whole.
       The Prime Minister and the Council of Ministers are collectively and individually responsible to Parliament.
The Prime Minister as the Leader of the Nation
        Represents the nation on both domestic and internationalstages.
        Receives support from opposition parties during national crises, such as wars.
        Safeguards India's interests in international forums.
        Determines India's foreign relations with other countries.
                                                             2
         Serves as the ex-officio chairman of the Planning Commission and the A
                                                                              tomic Energy Commission.
Checks on the Authority of the Prime Minister
The Prime Minister's authority is subject to several limitations:
         Must secure the support and cooperation of key ministers withintheir party.
         Faces scrutiny and criticism from opposition parties.
         Press and public opinion serve as effective checks on the Prime Minister's authority.
         In a coalition government, the Prime Minister's position is more vulnerable due to reliance on allied parties.
Ministerial Responsibilities
Collective Responsibility (Article 75.3)
        The Council of Ministers is collectively responsible to the Lok Sabha for the government's actions.
         Cabinet decisions are binding on all ministers, who must function as a team to support and defend government
         policies.
         Avote ofno-confidence against one minister is considered a vote against the entire ministry, requiring the
         whole ministry to resign.
Individual Responsibility (Article 75.2)
         Each minister is responsible for their department's functioning and answerable to Parliament.
         Members of Parliament can question ministers about their departments, and ministers are obliged to respond.
         Ministers hold office during the pleasure of the President, who may dismiss them on the Prime Minister's
         advice, even if the Council of Ministers enjoys the Lok Sabha's confidence.
         Ministers can be dismissed by the President (on the Prime Minister's advice) for undesirable activities.
Control of Parliament Over the Executive
Parliament ensures the accountability of the Council of Ministers through several mechanisms:
    1. Vote of No-Confidence: Can lead to the resignation of the entire Council of Ministers.
    2. Question Hour: Allows MPs toquestion ministers about their departments.
    3. Adjournment Motions: Enable discussion of urgent public matters.
     4. Rejection of Government Bills: Challenges the government's legislative agenda.
    5. Voting a Cut in the Budget: Signals disapproval of financial policies.
    6. Rejecting Goverament Proposals: Limits the executive's ability to enact certain policies.
Distinctions Between the Councilof Ministers and the Cabinet
Aspect              Cabinet                                      Council of Ministers
Size and            Smaller group (25-30 senior leaders)         Larger body, including all categories of ministers
                                                                 (Cabinet Ministers, Ministers of State, Deputy
Composition         holding major portfolios.                    Ministers).
                    Meets frequently to determine                Rarely meets as a full body to transact government
Meetings            government policies and programs.            business.
Consultation
                    The Prime Minister always consults the       The Prime Minister does not typically consult the full
                    Cabinet for important decisions.             Council for major decisions.
Role in             Advises the President on day-to-day     Does not directly advise the President; its role is broader
Governance          governance and formulates key policies. but less influential.