Union Executive: Prime Minister, Council of Minister

In the Indian Union Executive system, Prime Minister acts as the true executive or head of government. The Prime Minister is chosen by the President; However, the Constitution does not make any provision for the process of appointment. But in a parliamentary democracy, the leader of the largest party in the legislature automatically becomes the Prime Minister.

When no party has a clear majority, the President can exercise his discretion. He names someone and requests that they demonstrate their majority in the House. If the Prime Minister dies and there is no clear successor, the President may, at his discretion, re-nominate a capable person as Caretaker to maintain continuity.

Prime Minister of India in Union Executive

A person is appointed as prime minister by the president of India if they are either the leader of the party with the majority of seats in the Lok Sabha or if they can win over the legislature by securing the backing of other political parties.

• To become an Indian prime minister one has to be:
  • A citizen of India.
  • A member of either Rajya Sabha or Lok Sabha
  • He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha

The Prime Minister of India serves the country by following various functions.

Prime Minister functions and Responsibilities:

• The leader of the Country: The Prime Minister of India is the Head of the Government of India.
• Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
• Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides over the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.
• Official Representative of the country: Prime minister represents the country for high-level international meetings
• The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.
• The Prime Minister is the head of the Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.
• Chief Advisor: He acts as the chief advisor to the President
• The principle of individual responsibility to the head of the State is embodied in Art. 75(2)-“The Ministers shall hold office during the pleasure of the President.”

Article 74

Mentions how Prime Minister and President are both connected with the council of ministers. The Council, with the Prime Minister as its head, advises the President on various issues.

Article 75 – Mentions three things:

• President appoints the Prime Minister and other ministers are appointed by the President on the advice of the Prime Minister.
• Ministers hold their office at the pleasure of the President.
• The Council of Ministers is collectively responsible to the Lok Sabha.

Article 78 – Constitutional Duties Of The Prime Minister

PM communicates all decisions made by the council of members to the President. The president can also refer to issues for the consideration of the council of members.

Prime Minister is the “keystone of the Cabinet arch”

As in England, the Prime Minister is the “keystone of the Cabinet arch”. Article 74(1) of our Constitution expressly States that the Prime Minister shall be “at the head” of the Council of Ministers.
Hence, the other Ministers cannot function when the Prime Minister dies or resigns.
In theory, all Ministers or members of the Cabinet have an equal position, all being advisers of the Crown, and all being responsible to Parliament in the same manner. Nevertheless, the Prime Minister has a pre-eminence, by convention and usage.
Even though any particular Minister has tendered any advice to the President without placing it before the Council of Ministers, the President has (through the Prime Minister) the power to refer the matter to be considered by the Council of Ministers. The unity of the Cabinet system will thus be enforced in India through the provisions of the written Constitution.

Council of Ministers in Union Executive

The PM + Council of ministers is the real executives of the union. They aid and advise the president in the exercise of his functions but such advice is binding on the president.
They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok Sabha. (The number cannot exceed 15%)
No court shall inquire into the advice given by the Council of ministers to the President which means they are liable for official acts of the president on their advice. Constitution however doesn’t grant any immunity either for personal or official acts hence ministers can be treated like ordinary citizens.
The total strength of the PM + Council of ministers shall not exceed 15% of the strength of the Lok Sabha [91^st amendment]. The person who has been disqualified on grounds of defection shall also be disqualified to be appointed as the PM [91^st amendment].
91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a Member of Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in the linked article).

• A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months.
• Parliament decides the salary and allowances of the council of ministers.
• A  Council of Ministers (CoM) may be chosen from either house of the Parliament. A CoM who is a member of one house has the right to speak in and take part in proceedings of another house without any right to vote if he is not a member of that house.

Council of Ministers Collective Responsibility and Individual Responsibility

• The basic principle of a parliamentary or cabinet form of government is the principle of collective responsibility.
• COMs is collectively responsible to Lok Sabha for the policies and decisions of the government, even though a decision taken may pertain to a single ministry
• Once a decision is taken by the cabinet, it becomes the joint decision of COMs. If a minister does not agree with the decision of the cabinet, he has no option but to resign from COMs.
• If a decision of a particular ministry on a political matter is defeated in Lok Sabha, it is not the ministry that resigns, but the whole COMs resigns, But if a minister has implemented a decision without the approval of the cabinet and it is defeated in Lok Sabha, the minister concerned only has to resign, not the whole cabinet.

Each minister is accountable directly to the President. Ministers serve at the leisure of the President and may be removed from COMs at any time, but only with the PM’s consent. As a result, the PM primarily exercises this power.

Three categories of ministers in the council

1. Cabinet Ministers 
   • They are senior most ministers to head a ministry/department. They can participate in Cabinet Meetings.
2. Ministers of State 
   • They are junior to cabinet ministers and normally assist the former, they do not participate in cabinet meetings normally. However, they may be invited to attend it.
   • Some of the ministers of the state may be given independent charge. It means their rank is equivalent to the Minister of State but since no Cabinet Minister is there above him in that ministry or department and he heads that ministry, therefore, an independent charge is given.
3. Deputy Minister
   • They are the junior most ministers and essentially assist both the cabinet ministers and the minister of state. They never attend Cabinet Meetings.

The last two categories don’t form part of cabinet meetings. The cabinet isn’t mentioned in the original text of the constitution but only in the 44^th amendment, it was inserted in article 352.
Cabinet ministers are also part of cabinet committees which are created to sort out issues or make policy recommendations to the cabinet.

The President in relation to his Council of Ministers

• In a Parliamentary form of government, the tenure of office of the virtual executive is dependent on the will of the Legislature; in a Presidential Government the tenure of office of the executive is independent of the will of the Legislature
• Thus, in the Presidential form of which the model is the United States, the President is the real head of the Executive who Is elected by the people for a fixed term.
• He is Independent of the Legislature as regards his tenure and is not responsible to the Legislature for his acts. He may, of course, act with the advice of ministers, but they are appointed by him as his counselors and are responsible to him and not to the Legislature.
• Under the Parliamentary system represented by England, on the other hand, the head of the Executive (the Crown) is a mere titular head, and the virtual executive power is wielded by the Cabinet, a body formed of the members of the Legislature and responsible to the popular House of the Legislature for their office and actions.
• While the so-called Cabinet of the American President is responsible to himself and not to Congress, the Council of Ministers of the Indian President shall be responsible to Parliament.
• The reason why the framers of the Constitution discarded the American model after providing for the election of the President of the Republic by an electoral college formed of members of the Legislatures not only of the Union but also of the States, has thus been explained.
• In combining stability with responsibility, they gave more importance to the latter and preferred the system of ‘daily assessment of responsibility’ to the theory of ‘periodic assessment’ upon which the American system is founded.
• Under the American system, conflicts are bound to occur between the Executive, Legislature, and Judiciary; on the other hand, according to modem American writers, the absence of coordination between the Legislature and the Executive is a source of weakness of the American political system.
• What is wanted In India on her attaining freedom from one and a half-century of bondage is a form of Government that would be conducive to the manifold development of the country without the least friction,-and to this end, the Cabinet or Parliamentary system of Government of which India has already had some experience, Is better suited than the Presidential.

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