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the following heads:
In Relation to Council of Ministers
The Prime Minister enjoys the following powers as head of the
Union council of ministers:
1. He recommends persons who can be appointed as ministers
by the president. The President can appoint only those
persons as ministers who are recommended by the Prime
Minister.
2. He allocates and reshuffles various portfolios among the
ministers.
3. He can ask a minister to resign or advise the President to
dismiss him in case of difference of opinion.
4. He presides over the meeting of council of ministers and
influences its decisions.
5. He guides, directs, controls, and coordinates the activities of
all the ministers.
6. He can bring about the collapse of the council of ministers
by resigning from office.
Since the Prime Minister stands at the head of the council of
ministers, the other ministers cannot function when the Prime
Minister resigns or dies. In other words, the resignation or death of
an incumbent Prime Minister automatically dissolves the council of
ministers and thereby generates a vacuum. The resignation or
death of any other minister, on the other hand, merely creates a
vacancy which the Prime Minister may or may not like to fill.
In Relation to the President
The Prime Minister enjoys the following powers in relation to the
President:
1. He is the principal channel of communication between the
President and the council of ministers.4 It is the duty of the
prime minister:
(a) 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) to furnish such information relating to the administration
of the affairs of the Union and proposals for legislation as
the President may call for; and
(c) if the President so requires, 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.
2. He advises the president with regard to the appointment of
important officials like attorney general of India, Comptroller
and Auditor General of India, chairman and members of the
UPSC, election commissioners, chairman and members of
the finance commission and so on.
In Relation to Parliament
The Prime Minister is the leader of the Lower House. In this
capacity, he enjoys the following powers:
1. He advises the President with regard to summoning and
proroguing of the sessions of the Parliament.
2. He can recommend dissolution of the Lok Sabha to
President at any time.
3. He announces government policies on the floor of the
House.
Other Powers & Functions
In addition to the above-mentioned three major roles, the Prime
Minister has various other roles. These are:
1. He is the chairman of the NITI Ayog (which succeded the
planning commission), National Integration Council,
InterState Council, National Water Resources Council and
some other bodies.
2. He plays a significant role in shaping the foreign policy of the
4. He is the crisis manager-in-chief at the political level during
emergencies.
5. As a leader of the nation, he meets various sections of
people in different states and receives memoranda from
them regarding their problems, and so on.
6. He is leader of the party in power.
7. He is political head of the services.
Thus, the Prime Minister plays a very significant and highly
crucial role in the politico-administrative system of the country. Dr.
B.R. Ambedkar stated, ‘If any functionary under our constitution is
to be compared with the US president, he is the Prime Minister
and not the president of the Union’.
ROLE DESCRIPTIONS
The various comments made by the eminent political scientists
and constitutional experts on the role of Prime Minister in Britain
holds good in the Indian context also. These are mentioned
below:
Lord Morely
He described Prime Minister as ‘primus inter pares’ (first among
equals) and ‘key stone of the cabinet arch’. He said, “The head of
the cabinet is ‘primus inter pares’, and occupied a position which
so long as it lasts, is one of exceptional and peculiar authority”.
Herbert Marrison
“As the head of the Government, he (prime minister) is ‘primus
inter pares’. But, it is today for too modest an appreciation of the
Prime Minister’s position”.
Sir William Vernor Harcourt
He described Prime Minister as ‘inter stellas luna minores’ (a
moon among lesser stars).
Jennings
“He is, rather, a sun around which planets revolve. He is the key-
stone of the constitution. All roads in the constitution lead to the
Prime Minister.”
H.J. Laski
On the relationship between the Prime Minister and the cabinet,
he said that the Prime Minister “is central to its formation, central
to its life, and central to its death”. He described him as “the pivot
around which the entire governmental machinery revolves.”
H.R.G. Greaves
“The Government is the master of the country and he (Prime
Minister) is the master of the Government.”
Munro
He called Prime Minister as “the captain of the ship of the state”.
Ramsay Muir
He described Prime Minister as “the steersman of steering wheel
of the ship of the state.”
The role of the Prime Minister in the British parliamentary
government is so significant and crucial that observers like to call
it a ‘Prime Ministerial government.’ Thus, R.H. Crossman says,
‘The post-war epoch has been the final transformation of cabinet
government into Prime Ministerial government.’ Similarly,
Humphrey Berkely points out, ‘Parliament is not, in practice,
sovereign. The parliamentary democracy has now collapsed at
Westminster. The basic defect in the British system of governing is
RELATIONSHIP WITH THE PRESIDENT
The following provisions of the Constitution deal with the
relationship between the President and the Prime Minister:
1. Article 74
There shall be a council of ministers with the Prime Minister at the
head to aid and advise the President who shall, in the exercise of
his functions, act in accordance with such advice. However, the
President may require the council of ministers to reconsider such
advice and the President shall act in accordance with the advice
tendered after such reconsideration.
2. Article 75
(a) The Prime Minister shall be appointed by the President and
the other ministers shall be appointed by the president on the
advice of the Prime Minister; (b) The ministers shall hold office
during the pleasure of the president; and (c) The council of
ministers shall be collectively responsible to the House of the
People.
3. Article 78
It shall be the duty of the Prime Minister:
(a) 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) to furnish such information relating to the administration of
the affairs of the Union and proposals for legislation as the
President may call for; and
(c) if the President so requires, to submit for the consideration of
the council of ministers any matter on which a decision has
CHIEF MINISTERS WHO BECAME PRIME MINISTERS
Six people–Morarji Desai, Charan Singh, V.P. Singh, P.V.
Narasimha Rao, H.D. Deve Gowda and Narendra Modi–became
Prime Ministers after being Chief Ministers of their respective
States. Morarji Desai, Chief Minister of the erstwhile Bombay
State during 1952–56, became the first non-Congress Prime
Minister in March 1977. Charan Singh, who succeeded him, was
the Chief Minister of the undivided Uttar Pradesh in 1967–1968
and again in 1970. V.P. Singh, also from U.P., became Prime
Minister in the short lived National Front government (December
1989-November 1990). P.V. Narasimha Rao, the first Prime
Minister from South India, who held the post from 1991–1996,
was Chief Minister of Andhra Pradesh between 1971–1973. H.D.
Deve Gowda was Chief Minister of Karnataka when he was
chosen to lead the United Front government in June 19965 .
Narendra Modi (BJP) was the Chief Minister of Gujarat when
he became the Prime Minister in May 2014. He served as the
Chief Minister of Gujarat for four times during 2001 to 2014.
Table 19.1 Articles Related to Prime Minister at a Glance
Article No. Subject-matter
74. Council of Ministers to aid and advise President
75. Other provisions as to Ministers
77. Conduct of business of the Government of
India
78. Duties of Prime Minister as respects the
furnishing of information to the President, etc.
88. Rights of Ministers as respects the Houses.
NOTES AND REFERENCES
1. On the death of Jawaharlal Nehru and Lal Bahadur
Shastri when the leadership was contested, the
president made temporary arrangements by appointing
the seniormost minister as the Prime Minister, until the
formal election of the leader by the party. Both the
times, it was Gulzari Lal Nanda who acted as the Prime
Minister.
2. The form of oath of office and secrecy for the Prime
Minister is similar to that for any Union minister. See
Chapter 20.
3. For example, V.P. Singh in 1990 and Deve Gowda in
1997 resigned after defeat in the Lok Sabha.
4. Article 78 specifically deals with this function of the
Prime Minister.
20 Central Council of Ministers
A
s the Constitution of India provides for a parliamentary
system of government modelled on the British pattern, the
council of ministers headed by the prime minister is the
real executive authority is our politico-administrative system.
The principles of parliamentary system of government are not
detailed in the Constitution, but two Articles (74 and 75) deal with
them in a broad, sketchy and general manner. Article 74 deals
with the status of the council of ministers while Article 75 deals
with the appointment, tenure, responsibility, qualification, oath and
salaries and allowances of the ministers.
CONSTITUTIONAL PROVISIONS
Article 74—Council of Ministers to aid and advise
President
1. There shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President who shall, in the
exercise of his functions, act in accordance with such
advice. However, the President may require the Council of
Ministers to reconsider such advice and the President shall
act in accordance with the advice tendered after such
reconsideration.
2. The advice tendered by Ministers to the President shall not
be inquired into in any court.
Article 75–Other Provisions as to Ministers
1. The Prime Minister shall be appointed by the President and
the other Ministers shall be appointed by the President on
the advice of the Prime Minister.
2. The total number of ministers, including the Prime Minister,
in the Council of Ministers shall not exceed 15% of the total
strength of the Lok Sabha. This provision was added by the
91st Amendment Act of 2003.
3. A member of either house of Parliament belonging to any
political party who is disqualified on the ground of defection
shall also be disqualified to be appointed as a minister. This
provision was also added by the 91st Amendment Act of
2003.
4. The ministers shall hold office during the pleasure of the
President.
5. The council of ministers shall be collectively responsible to
the Lok Sabha.
6. The President shall administer the oaths of office and
secrecy to a minister.
7. A minister who is not a member of the Parliament (either
house) for any period of six consecutive months shall cease
to be a minister.
8. The salaries and allowances of ministers shall be
determined by the Parliament.
Article 77–Conduct of Business of the Government of
India
1. All executive action of the Government of India shall be
expressed to be taken in the name of the President.
2. Orders and other instruments made and executed in the
name of the President shall be authenticated in such manner
as may be specified in rules to be made by the President.
Further, the validity of an order or instrument which is so
authenticated shall not be called in question on the ground
that it is not an order or instrument made or executed by the
President.
3. The President shall make rules for the more convenient
transaction of the business of the Government of India, and
for the allocation among Ministers of the said business.
Article 78–Duties of Prime Minister
It shall be the duty of the Prime Minister
1. 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
2. To furnish such information relating to the administration of
the affairs of the Union and proposals for legislation as the
President may call for
3. If the President so requires, 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
Article 88–Rights of Ministers as Respects the Houses
NATURE OF ADVICE BY MINISTERS
Article 74 provides for a council of ministers with the Prime
Minister at the head to aid and advise the President in the
exercise of his functions. The 42nd and 44th Constitutional
Amendment Acts have made the advice binding on the
President.1 Further, the nature of advice tendered by ministers to
the President cannot be enquired by any court. This provision
emphasises the intimate and the confidential relationship between
the President and the ministers.
In 1971, the Supreme Court held that ‘even after the dissolution
of the Lok Sabha, the council of ministers does not cease to hold
office. Article 74 is mandatory and, therefore, the president cannot
exercise the executive power without the aid and advise of the
council of ministers. Any exercise of executive power without the
aid and advice will be unconstitutional as being violative of Article
74’. Again in 1974, the court held that ‘wherever the Constitution
requires the satisfaction of the President, the satisfaction is not
the personal satisfaction of the President but it is the satisfaction
APPOINTMENT OF MINISTERS
The Prime Minister is appointed by the President, while the other
ministers are appointed by the President on the advice of the
Prime Minister. This means that the President can appoint only
those persons as ministers who are recommended by the Prime
minister.
Usually, the members of Parliament, either Lok Sabha or Rajya
Sabha, are appointed as ministers. A person who is not a member
of either House of Parliament can also be appointed as a minister.
But, within six months, he must become a member (either by
election or by nomination) of either House of Parliament,
otherwise, he ceases to be a minister.
A minister who is a member of one House of Parliament has
the right to speak and to take part in the proceedings of the other
House also, but he can vote only in the House of which he is a
OATH AND SALARY OF MINISTERS
Before a minister enters upon his office, the president administers
to him the oaths of office and secrecy. In his oath of office, the
minister swears:
1. to bear true faith and allegiance to the Constitution of India,
2. to uphold the sovereignty and integrity of India,