Unit 4: Executive in India: II (PM & Council of Ministers)

1. The Prime Minister (PM)

If the President is the *Head of State*, the Prime Minister is the *Head of Government*. In India's parliamentary system, the PM is the *de facto* (real) executive and holds the most powerful office in the country.

Appointment of the PM

• Article 75(1) states that "the Prime Minister shall be appointed by the President."
• This doesn't mean the President has a free choice. By convention, the President *must* appoint the leader of the majority party (or majority coalition) in the Lok Sabha.
• If no party has a clear majority (a "hung parliament"), the President uses his discretion, usually inviting the leader of the single largest party or coalition to form a government and prove their majority.

Role and Functions of the PM

The PM is the "keystone of the cabinet arch" and the leader of the nation.

• Head of the Council of Ministers: The PM *selects* all other ministers, *allocates* their portfolios (ministries), and can ask any minister to resign or have them dismissed by the President.
• Presides over Cabinet: He is the chairman of the Cabinet and a-half all its meetings. His influence is paramount in all policy decisions.
• Link between President and Cabinet: (Art 78) It is the PM's duty to communicate all decisions of the CoM to the President.
• Leader of the Nation: The PM is the chief spokesperson for the country on all major national and international issues.
• Leader of the House: As the leader of the majority party in the Lok Sabha, the PM guides the legislative agenda.
• Head of Key Institutions: The PM is the ex-officio Chairman of NITI Aayog, the National Development Council, and the National Integration Council.

2. Union Council of Ministers (CoM)

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."

Composition of the Council

The Council of Ministers is the large body of all ministers. It has a three-tiered structure:

1. Cabinet Ministers:
   • The most senior ministers, who hold the most important portfolios (e.g., Home, Defence, Finance, External Affairs).
   • They form the "Cabinet," which is the small, inner core of the CoM. The Cabinet meets regularly and makes all key policy decisions.
2. Ministers of State (MoS):
   • The second rank. They can either be given "Independent Charge" of a ministry or be "attached" to a Cabinet Minister to assist them.
3. Deputy Ministers:
   • The most junior rank, they are not given independent charge and are attached to Cabinet Ministers or MoS to assist with administrative duties.

Powers and Functions of the CoM

The CoM (specifically the Cabinet) is the *real* executive of India. Its functions are vast:

• Policy Formulation: It formulates all domestic and foreign policies of the country.
• Legislative Control: It drafts and introduces most of the bills (over 90%) in Parliament.
• Financial Control: It prepares and presents the annual Union Budget.
• Control over Administration: It directs the entire government machinery (the bureaucracy) and is responsible for implementing laws.
• Advisory Role: It "aids and advises" the President, and this advice is binding (after the 42nd and 44th Amendments).

3. Relationship between PM and Union Council of Ministers

While the CoM is "collectively" powerful, its relationship with the PM is one of *subordination*. The PM is the "sun around which the other ministers revolve."

• Formation: The CoM comes into existence only after the PM is appointed.
• Allocation: The PM decides who gets which ministry.
• Dismissal: The PM can demand any minister's resignation at any time.
• Centrality: The PM presides over meetings and his decision is often final.
• Dissolution: The PM's resignation or death automatically dissolves the *entire* Council of Ministers. A minister's resignation, however, only creates a vacancy.

This dynamic makes the PM exceptionally powerful, far more than just a "first among equals" (primus inter pares).

4. Exam Corner: Key Concepts & Articles