Council of Ministers Notes

Council of Ministers
Article 74 of the Indian constitution states that: There should be a Council of Ministers to aid
and advise the president; The Council of Ministers must have a Prime Minister at the head to
aid and advise the President; The President should exercise his functions and act in
accordance with advice rendered by the Council of Ministers; The Council of Ministers
should reconsider any advice sent back by the President; The President is bound to act in
accordance with the advice tendered by the Council, after reconsideration.
1. Appointment of Prime Minister

The Prime Minister of India is appointed by the President through provisions
under Article 84 and Article 75. Prime minister is the leader of the majority party or
coalition of parties of Lok Sabha. When a party achieves majority the leader of that
party is called upon by the President to be the Prime Minister of the country. He is
considered as the real head of the country.
2. Constitutional Duties of a Prime Minister

The constitution envisages the Prime Minister with certain rights and duties. The
functions of the Prime Minister are as follows:
a) The Prime Minister proposes the names of the members to President for
appointment as Ministers of the government;
b) Prime minister can reshuffle the Cabinet and decides for the distribution of charges
of different ministries as well;
c) He presides over the meetings of the Cabinet and can also change the decisions
taken by the Cabinet;
d) He suggests the President of India about the resignation or removal of any minister
from the Cabinet;
e) He also directs and controls the functioning of Ministers in the Cabinet;
f) The Prime Minister may resign at any time and can even ask the President of India
to dissolve the Cabinet.;
g) He can advise the President to dissolve entire Lok Sabha to conduct fresh elections;
h) The Cabinet stops functioning if the Prime Minister resigns from his post, and
spontaneously dissolves after the death of the Prime Minister.
3. Duties of Prime Minister towards the President
Article 78 lays down he following duties of the Prime Minister towards the President-
a) Duty to communicate to the President all decisions of the Council of Ministers
relating to the administration of the affairs of the Union and proposals for
legislation.
b) Duty to furnish such information relating to the administration of the affairs of
the Union and proposals for legislation as the President may call for;
c) Duty to submit for the consideration of the Council of Ministers any matter on
which a decision has been taken by a Minister but which has not been considered
by the Council. The President may require the Prime Minister to do so. It is to
ensure that the principles of collective responsibility operate effectively.
4. Size of Ministries
The executive powers in India are exercised by the Council of Ministers. These
ministers constitute ministries having cabinet minister, junior minister, etc. Before 2003,
the size of ministries was not specified under any provision leading to a lot of
chaos. After the 91st amendment Act of 2003 came into existence, it marked a ceiling
limit to the size of the ministries. The amendment stated that the strength of the Council
of Ministers cannot exceed more than 15% of the total number of members of the Lok
Sabha or relevant Legislative Assembly of the state. An exception was provided to the
smaller states like Sikkim, Mizoram, and Goa, having a strength of lesser than 40
members in the legislative assemblies.
5. Principle of Collective Responsibility

The principle of Collective Responsibility means that the Council of Ministers is
collectively responsible as a body for all the actions, omissions and conduct of the
government.
It states that all ministers stand or fall together in Parliament. The Government is
considered as a unity of ministers instead of single individuals. It means that the
minister should publicly support the decisions made by the cabinet, even if they disagree
privately. This support even includes voting for government in the legislature.
6. Principle of Individual Responsibility

The Ministerial Individual Responsibility means that a cabinet minister is ultimately
responsible for all the actions of his ministry or department.
Whenever there is an individual ministerial responsibility, the party to which the
minister is a part is not answerable for the failure of the minister. The minister shall
himself take the blame for the actions of his ministry and resign.
7. Dissolution of Parliament
In our country, the Lok Sabha has a five-year term but it can be dissolved earlier. Article
83(2) of the Indian Constitution states that at the completion of five years term, from the
starting date of Lok Sabha meetings, it can be dissolved. In such cases, an election is
held to elect the new Members of Parliament.
The Lok Sabha can also be dissolved by the President on the advice of the Prime
Minister before the expiry of its term. The President can also dissolve the Lok Sabha, if
he feels that a viable government cannot be formed, after the resignation or fall of a
regime, as the case may be.

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Council of Ministers

1. Appointment of Prime Minister

2. Constitutional Duties of a Prime Minister

5. Principle of Collective Responsibility

6. Principle of Individual Responsibility

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