Prime Minister and Council of Ministers
PM and Council of Ministers for UPSC — Articles 74, 75, 77, 78 and 88, the 15% cap, collective responsibility, cabinet committees and the Attorney General.
SyllabusGS II · Structure, organisation and functioning of the Executive and the Judiciary
Prerequisites: The President and Vice-President
The Hook: Coalition Arithmetic, Constitutional Logic
In June 2024, after the general election to the 18th Lok Sabha, no single party won a majority on its own. The Prime Minister was sworn in for a third consecutive term on 9 June 2024 at the head of a coalition government, with ministers drawn from several allied parties.
The Constitution never mentions parties or coalitions. It says only that the Council of Ministers “shall be collectively responsible to the House of the People” (Article 75(3)). How does one rule — collective responsibility — hold together a government built from many parties?
The Core Concept
The President is the nominal executive; the Prime Minister and the Council of Ministers are the real executive. Their authority comes from the confidence of the Lok Sabha.
The key Articles
| Article | Provision |
|---|---|
| 74(1) | A Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice (may send it back once for reconsideration) |
| 74(2) | Whether, and what, advice was tendered cannot be inquired into in any court |
| 75(1) | The PM is appointed by the President; other ministers are appointed by the President on the PM’s advice |
| 75(1A) | Total number of ministers, including the PM, shall not exceed 15% of the total membership of the Lok Sabha — 91st Amendment (2003) |
| 75(1B) | A member disqualified for defection under the Tenth Schedule is also disqualified from being a minister until re-elected — 91st Amendment (2003) |
| 75(2) | Ministers hold office during the pleasure of the President |
| 75(3) | The Council of Ministers is collectively responsible to the Lok Sabha |
| 75(4) | Oath of office and secrecy administered by the President |
| 75(5) | A minister who is not an MP for six consecutive months ceases to be a minister |
| 75(6) | Salaries and allowances determined by Parliament |
| 77 | All executive action is expressed in the name of the President; the President makes rules for transacting and allocating government business |
| 78 | Duties of the PM: communicate all decisions of the Council of Ministers to the President, furnish information the President calls for, and submit for the Council’s consideration any matter decided by a single minister if the President so requires |
| 88 | Every minister (and the Attorney General) may speak in either House and its committees, but may vote only in the House of which they are a member |
Appointment of the Prime Minister
- By convention, the President appoints the leader of the majority party or coalition in the Lok Sabha.
- Where no party has a clear majority, the President may use discretion and ask the appointee to prove a majority on the floor within a reasonable time.
- The PM may be a member of either House; several Prime Ministers have been members of the Rajya Sabha.
- A non-member may be appointed for up to six months. In S.R. Chaudhuri v. State of Punjab (2001), the Supreme Court held that a non-member cannot be reappointed repeatedly during the same legislature’s term without getting elected.
Composition of the Council of Ministers
| Rank | Role |
|---|---|
| Cabinet ministers | Head the important ministries; members of the Cabinet; attend its meetings |
| Ministers of State (independent charge) | Head a ministry or department on their own; attend Cabinet meetings only when invited on their subject |
| Ministers of State (attached) | Assist Cabinet ministers |
| Deputy ministers | Assist Cabinet ministers or Ministers of State |
The Deputy Prime Minister is not a constitutional post — the office-holder takes the oath as a minister.
Council of Ministers vs Cabinet
| Council of Ministers | Cabinet |
|---|---|
| Wider body — all three or four ranks | Smaller body — Cabinet ministers only |
| A constitutional body (Articles 74, 75) | Originally a convention; the word appears only in Article 352, inserted by the 44th Amendment (1978) |
| Collectively responsible to the Lok Sabha | Takes the decisions; directs the Council’s policy |
| Rarely meets as a whole | Meets regularly; the real centre of power |
Cabinet committees are extra-constitutional; they are set up by the PM under the Government of India (Transaction of Business) Rules, 1961. Examples include the Appointments Committee of the Cabinet, the Cabinet Committee on Security, the Cabinet Committee on Economic Affairs and the Cabinet Committee on Parliamentary Affairs. The PM chairs most of them.
Three kinds of ministerial responsibility
graph TD
A[Ministerial responsibility] --> B[Collective - Art 75-3]
A --> C[Individual - Art 75-2]
A --> D[Legal]
B --> B1[Lok Sabha no-confidence: entire Council resigns]
B --> B2[Cabinet decisions bind every minister]
C --> C1[President may remove a minister on PM's advice]
D --> D1[No countersignature rule in India; courts barred by Art 74-2]- Collective: the whole Council stands or falls together. A minister who disagrees with a Cabinet decision must accept it or resign. The PM may advise the President to dissolve the Lok Sabha.
- Individual: ministers hold office at the President’s pleasure — in practice, the PM’s; a PM can ask a minister to resign or have the President dismiss them.
- Legal: unlike Britain, India has no requirement that a minister countersign the President’s orders; there is no legal responsibility of ministers in that sense.
Role of the Prime Minister
- Head of the Council of Ministers — recommends appointments, allocates and reshuffles portfolios, can ask ministers to resign; the PM’s resignation or death dissolves the Council.
- Link between President and Council (Article 78).
- Leader of the Lok Sabha (when a member) and chief spokesperson of the government.
- Chairs NITI Aayog, the National Integration Council, the Inter-State Council and the National Disaster Management Authority, among others.
The Attorney General of India (Article 76)
| Point | Detail |
|---|---|
| Appointment | By the President; must be qualified to be a Supreme Court judge |
| Term | Not fixed; holds office during the pleasure of the President; remuneration determined by the President |
| Duties | Advise the Government of India on legal matters; perform legal duties assigned by the President |
| Rights | Right of audience in all courts in India (Art 76(3)); may speak in Parliament and its committees but cannot vote (Art 88) |
| Status | Not a member of the Cabinet; not a full-time government servant; may take private briefs, but not against the Government of India |
The Solicitor General and Additional Solicitors General assist the Attorney General; they are not constitutional posts.
Memory Anchors
Article 75 by sub-clause: “Appoint (1) · A-cap 15% (1A) · Ban defectors (1B) · Pleasure (2) · Collective (3) · Oath (4) · Six months (5) · Salary (6)” → “AAB-PCOSS”
91st Amendment (2003) — the “two 15s”: ministers capped at 15% of the Lok Sabha (Art 75(1A)) and of the State Assembly (Art 164(1A), with a floor of 12 in States).
Cabinet in the Constitution: “352 is the only door” — the word “Cabinet” enters the text only through Article 352 (44th Amendment).
One-line Mains hook: the classic description of the PM in a parliamentary system is primus inter pares — first among equals — though in practice the office is often far more than that.
For Prelims
- Ministers cap: 15% of the Lok Sabha’s total membership, including the PM (91st Amendment, 2003).
- Collective responsibility is to the Lok Sabha only, not the Rajya Sabha.
- A non-member may be a minister for six months (Art 75(5)).
- The word “Cabinet” appears only in Article 352.
- Ministers and the Attorney General can speak in either House but vote only where they are members (Art 88).
- The Attorney General must be qualified to be a Supreme Court judge; holds office during the President’s pleasure.
For Mains
- Dimensions: concentration of power in the PMO; Cabinet government vs prime-ministerial government; coalition dharma and collective responsibility; size of ministries; role of cabinet committees; accountability of non-elected ministers.
- Keywords: collective responsibility, first among equals, Cabinet secrecy, coalition governance, executive accountability, Transaction of Business Rules.
- Value-addition: 91st Amendment (2003) on ministry size; S.R. Chaudhuri (2001) on non-member ministers; Article 78 duties; the Second Administrative Reforms Commission’s work on the organisation of government.
Common Traps
In the News
- June 2024 — the Prime Minister and Council of Ministers sworn in on 9 June 2024 after the 18th Lok Sabha elections, heading a coalition government.
Practice
Prelims
Consider the following statements:
- The total number of ministers in the Union Council of Ministers, including the Prime Minister, shall not exceed 15% of the total membership of the Lok Sabha.
- The Council of Ministers is collectively responsible to both Houses of Parliament.
- A member disqualified under the Tenth Schedule is also disqualified from being appointed a minister.
Which of the statements given above is/are correct?
Solution
Statement 1 is correct — Article 75(1A), 91st Amendment (2003). Statement 2 is incorrect — collective responsibility is to the Lok Sabha only (Article 75(3)). Statement 3 is correct — Article 75(1B), also added by the 91st Amendment.
Answer: D
The word “Cabinet” is mentioned in which one of the following Articles of the Constitution of India?
Solution
Only Article 352 uses the word “Cabinet” — the 44th Amendment (1978) required that a National Emergency be proclaimed only on the written advice of the Union Cabinet. Articles 74 and 75 refer to the Council of Ministers; Article 356 concerns President’s Rule.
Answer: B
With reference to the Attorney General of India, consider the following statements:
- The Attorney General has the right of audience in all courts in the territory of India.
- The Attorney General has the right to vote in both Houses of Parliament.
- The Attorney General must be qualified to be appointed a judge of the Supreme Court.
Which of the statements given above is/are correct?
Solution
Statement 1 is correct — Article 76(3). Statement 2 is incorrect — under Article 88, the Attorney General may speak in either House but has no right to vote. Statement 3 is correct — Article 76(1).
Answer: A
Mains
Collective responsibility is the bedrock of parliamentary government. Examine how this principle operates in India and the challenges it faces in coalition governments.
Solution
Introduction: Article 75(3) makes the Council of Ministers collectively responsible to the Lok Sabha. The principle ensures that the government speaks with one voice and survives only so long as it commands the House’s confidence.
Body:
- How it operates:
- A no-confidence motion passed in the Lok Sabha forces the entire Council to resign.
- Cabinet decisions bind every minister, including those who disagreed; dissent means resignation.
- Cabinet secrecy (oath under Article 75(4)) protects internal deliberation.
- The PM’s resignation dissolves the Council.
- Challenges in coalitions:
- Allies may publicly oppose government policy while remaining in office.
- Portfolio allocation follows coalition bargaining rather than the PM’s choice alone.
- Coordination committees outside the Constitution may shape decisions.
- Frequent threats of withdrawal can make governments unstable.
- Safeguards: the 91st Amendment (size cap, anti-defection linkage); coordination mechanisms; common minimum programmes as policy anchors.
Conclusion: Collective responsibility remains intact in law; in coalitions it depends on political conventions of consultation and consensus that keep the government accountable to the House as one body.
Quick Revision
| Point | One-liner |
|---|---|
| Art 74 | CoM aids and advises; advice binding; may be sent back once |
| Art 75(1A) | Ministers ≤ 15% of Lok Sabha (91st, 2003) |
| Art 75(3) | Collective responsibility to Lok Sabha |
| Art 75(5) | Non-member minister: six months |
| Art 77 | Business rules; executive action in the President’s name |
| Art 78 | PM’s duty to inform the President |
| Art 88 | Ministers and AG may speak in both Houses; vote only in their own |
| Art 352 | Only mention of “Cabinet” (44th Amendment) |
| Art 76 | Attorney General — qualified as SC judge; President’s pleasure |
Key Takeaways
- The real executive is the Council of Ministers headed by the PM, responsible collectively to the Lok Sabha.
- The 91st Amendment capped ministry size at 15% and barred defectors from ministerial office.
- The Cabinet and cabinet committees drive policy, though the Cabinet itself is barely mentioned in the text.
- The Attorney General is the only constitutional law officer; the Solicitor General is not.
Related Topics
- The President and Vice-President
- The Union Executive — practice questions
- Law-Making in Parliament
- The Governor and the State Executive
- Planning and NITI Aayog