Prime Minister and Council of Ministers - Appointment, Powers, Collective Responsibility, Cabinet Committees, and Constitutional Position

Prime Minister and Council of Ministers for UPSC

1) Introduction: Constitutional Head vs Real Executive (Why PM Matters Most)

India follows a parliamentary form of government. This means the executive is split into:

• Nominal/Constitutional Executive: the President (head of the State)
• Real/Political Executive: the Prime Minister and Council of Ministers (head of the Government)

In daily governance, the President generally acts on the advice of the Council of Ministers. Therefore, although many powers are formally written in the President's name, the real decision-making centre is the PM-led executive. The Supreme Court has repeatedly underlined this logic in cases explaining the "aid and advice" system and the limited personal discretion of the constitutional head.

This chapter is highly exam-relevant because UPSC asks both:

• Prelims: Articles, clauses, limits (like 15%), features of parliamentary government, Cabinet vs CoM, ministerial responsibility.
• Mains: evaluation of PM's dominance, cabinet system, coalition era issues, PMO centralisation, accountability concerns, and reforms.

Prelims Angle

• Remember: President = constitutional head, PM/CoM = real executive.
• Know the link: Article 74 (aid and advice) + Article 75 (PM/CoM rules).

Mains Angle

• Use the "nominal vs real executive" frame to explain cabinet government.
• Discuss how PM's leadership style can shift India from "cabinet government" to "PM-centric government" (especially via PMO and cabinet committees).

2) Constitutional Provisions: Articles 74–75 (Core) and Related Articles (Exam Map)

The constitutional foundation of the Prime Minister and the Council of Ministers is mainly in Articles 74 and 75:

• Article 74: There shall be a Council of Ministers with the PM at the head to aid and advise the President; after the 42nd Amendment, the President acts in accordance with such advice; after the 44th Amendment, the President can ask for reconsideration once.
• Article 75: PM is appointed by the President; other ministers are appointed on PM's advice; ministers hold office during President's pleasure; CoM is collectively responsible to the Lok Sabha; size cap (15%) added by Article 75(1A).

For UPSC, you should also connect Articles 74–75 with "supporting provisions" that explain how the PM actually functions:

Prelims Angle

• Core articles: 74, 75, 78.
• Remember: collective responsibility = Article 75(3); 15% cap = Article 75(1A).

Mains Angle

• Explain why Article 74 makes India a parliamentary system: President is not an "independent executive".
• Add nuance: President's limited space (reconsideration once) + conventions + public/political pressure.

3) Appointment of the Prime Minister: Text, Conventions, Hung Parliament, and Key Episodes

Textual rule: Article 75(1) says the Prime Minister is appointed by the President. But the Constitution does not lay down a step-by-step selection method (like "invite largest party first" etc.). Therefore, constitutional conventions fill the gap.

3.1 Normal Scenario: Clear Majority

If a single party wins a majority in the Lok Sabha, the convention is simple: the President appoints the leader of the majority party as Prime Minister.

3.2 The 6-Month Rule (Often Asked)

The PM (like any minister) may be from Lok Sabha or Rajya Sabha. If the person is not a member of either House at appointment, they must become a member within 6 months (Article 75(5)).

3.3 Hung Parliament Scenario: What Does the President Do?

In a hung parliament (no single party majority), the President must ensure the appointed PM can command majority support on the floor of the Lok Sabha. In practice, the President uses conventions and (if disputed) the most accepted democratic method: floor test in the Lok Sabha.

A common exam-friendly priority order (based on widely followed conventions) is:

1. Pre-poll alliance with clear majority (choose its leader).
2. Single largest party if it can show support to reach majority.
3. Post-poll coalition with written support letters, choosing a leader.
4. Post-poll "outside support" arrangement (minority government with external support), if it can prove majority in floor test.

Key point for UPSC: The President's appointment power is not a free choice; it is guided by the objective of ensuring a stable government responsible to Lok Sabha (Article 75(3)).

3.4 Key Appointment Episodes (Asked in Mains & Interviews)

These examples show how conventions work in real politics (especially in coalition eras):

• 1979 (Charan Singh): Appointed PM on 28 July 1979 but could not prove majority in Lok Sabha and resigned soon after. This shows the importance of "majority support" as the real test.
• 1989 (V. P. Singh): Sworn in on 2 December 1989 leading a coalition with outside support, illustrating coalition conventions in a hung parliament.
• 1991 (P. V. Narasimha Rao): Took oath on 21 June 1991 and ran a minority government initially, later proving majority; an important example of parliamentary survival via floor strength.
• 1996 (A. B. Vajpayee): Sworn in on 16 May 1996 as leader of the single largest party, but resigned after failing to secure majority support.
• 1998 (A. B. Vajpayee): Sworn in again on 19 March 1998 heading a coalition (NDA), showing the working of coalition majority claims.
• 2004 (Dr. Manmohan Singh): Sworn in on 22 May 2004 after coalition negotiations (UPA). This highlights that PM can be chosen as the coalition's leader even if not a Lok Sabha member at that moment (he was from Rajya Sabha).

Prelims Angle

• Article 75(1): PM appointed by President; Article 75(3): responsible to Lok Sabha.
• 6-month membership rule: Article 75(5).

Mains Angle

• Explain "conventions" and why they are essential in a flexible Constitution.
• Use the listed episodes to show how coalition politics shapes PM appointment and stability.

4) Powers and Functions of the Prime Minister: Executive, Legislative, Financial, and Strategic Roles

In UPSC, PM's powers are best written under clear headings. Remember: many PM powers are not directly written as "PM shall do X", but come from the PM's position as leader of the Council of Ministers, leader of the majority, and the link between President–Cabinet–Parliament.

4.1 Executive Powers (Most Important)

• Head of the Council of Ministers: Chairs cabinet meetings, sets agenda, coordinates ministries, resolves inter-ministerial disputes.
• Minister-making power (in practice): Advises President on appointment of ministers; allocates and reshuffles portfolios; can demand resignation of ministers.
• Leadership of the administration: Drives policy priorities and ensures implementation through ministries and the PMO.
• Key appointments influence: In practice, major appointments and postings are shaped by PM-led processes (often routed through Cabinet Committees like ACC).

4.2 Legislative Powers (PM inside Parliament)

• Leader of the House (usually in Lok Sabha): controls government business, timetable, and legislative strategy.
• Policy articulation: Announces key bills, policy direction, and government stance in Parliament.
• Confidence and accountability: Government survives only while it enjoys Lok Sabha confidence—PM is the face of that accountability (no-confidence motion, trust vote, etc.).

4.3 Financial Powers (Budget and Priorities)

• Sets spending priorities by directing cabinet decisions, flagship schemes, and resource focus.
• Coordinates economic policy through Cabinet Committees (like CCEA) and high-level policy meetings.

4.4 Strategic and National Roles

• Chief crisis manager in political terms—responds to national security, disasters, major political challenges.
• Foreign policy leadership: PM often represents India at top global summits and shapes strategic direction with the external affairs machinery.
• Cabinet system leadership: The PM's leadership style determines whether governance is cabinet-driven or PM-centric.

Prelims Angle

• PM is head of CoM; ministers appointed on PM advice (Article 75).
• PM communicates decisions/proposals to President (Article 78-related idea).

Mains Angle

• Write PM powers with balanced tone: coordination benefits vs centralisation risks.
• Add accountability: PM's power is politically checked by Lok Sabha (no-confidence) and coalition partners.

5) Council of Ministers: Composition, Categories, and Constitutional Rules

The Council of Ministers is the team that runs the Union government. Article 74 establishes the CoM to aid and advise the President, and Article 75 lays down appointment and responsibility rules.

5.1 Composition and Size

• Includes the Prime Minister and other ministers.
• Size cap: Total number of ministers (including PM) shall not exceed 15% of Lok Sabha strength (Article 75(1A), inserted by the 91st Amendment Act, 2003).

5.2 Categories of Ministers (Exam-Favourite)

In practice, ministers are commonly grouped into ranks:

• Cabinet Ministers: Senior-most; key portfolios; part of Cabinet; primary decision-makers.
• Minister of State (Independent Charge): Heads a ministry without a Cabinet Minister above; may attend Cabinet when invited.
• Minister of State (MoS): Assists a Cabinet Minister or may handle specific departments.
• Deputy Minister: Junior rank; historically used more often; less common in modern Union governments.

UPSC caution: The Constitution does not neatly classify ministers into these ranks; these categories are largely based on conventions and the Rules of Business. This is exactly why UPSC asked about it in Prelims 2022.

5.3 Membership Rule (6 Months)

A person can be appointed as a minister (including PM) even if not currently a member of either House, but must become a member within 6 months (Article 75(5)).

5.4 Oath and Secrecy

Ministers take oath of office and secrecy (Third Schedule). The secrecy aspect connects strongly with the convention of cabinet confidentiality.

Prelims Angle

• 15% cap: Article 75(1A); asked directly in Prelims 2022.
• Know categories (Cabinet, MoS, MoS(IC), Deputy) as a practical classification—also a trick area.

Mains Angle

• Explain why CoM is essential: collective decision-making, accountability, administrative division of labour.
• Critically analyse: coalition compulsions, "jumbo ministries" (hence 91st Amendment cap), and portfolio distribution politics.

6) Collective Responsibility (Article 75(3)): Meaning, Working, and Exam Applications

Article 75(3) says: the Council of Ministers is collectively responsible to the House of the People (Lok Sabha). This is the backbone of parliamentary government.

6.1 What Collective Responsibility Actually Means

• One government, one voice: Once a decision is taken by the Cabinet/CoM, all ministers must publicly support it.
• Shared survival: If Lok Sabha passes a no-confidence motion, the entire CoM must resign.
• Cabinet secrecy: Ministers may debate freely inside, but must show unity outside.
• PM as the anchor: Unity is maintained largely through PM's leadership and portfolio control.

6.2 Collective Responsibility vs Coalition Politics

In coalition governments, partners may disagree openly. Still, the constitutional principle remains: the government must retain Lok Sabha confidence. Therefore, coalition coordination mechanisms (common minimum programmes, coordination committees) become politically necessary to keep collective responsibility workable.

6.3 Important Case Law Link: Continuity Even After Dissolution

In U.N.R. Rao v Indira Gandhi (1971), the issue was whether the Council of Ministers ceases to exist after the Lok Sabha is dissolved. The Court held that the PM and ministers continue to hold office to ensure continuity of governance, even when the House is dissolved, until a new House is formed.

Prelims Angle

• Collective responsibility is specifically to Lok Sabha, not "Parliament" as a whole (classic trap).
• Article: 75(3).

Mains Angle

• Use examples: coalition pressures, dissent management, cabinet confidentiality vs transparency debates.
• Link to accountability tools: no-confidence motion, question hour, parliamentary committees, media scrutiny.

7) Individual Responsibility and "Pleasure of the President" (Article 75(2))

Article 75(2) says ministers hold office during the pleasure of the President. In a parliamentary system, this "pleasure" is exercised in line with political reality—meaning, in practice, the President acts on the advice of the Prime Minister.

7.1 What Individual Responsibility Means in Practice

• Each minister is individually accountable for their department's functioning and decisions.
• PM can demand resignation of a minister for non-performance, scandal, or loss of confidence.
• Even if the Cabinet survives, a minister can be dropped reshuffled, or asked to resign.

7.2 Difference from Collective Responsibility

• Collective: entire ministry stands or falls together in Lok Sabha.
• Individual: an individual minister can be removed without the entire ministry resigning.

7.3 Legal Responsibility (Important Clarification)

In India, legal responsibility of ministers (being personally liable in court for official acts) is limited because actions are taken in the name of the President and executed through rules and procedures. Political responsibility (collective/individual) remains the core accountability mechanism.

Prelims Angle

• Article 75(2): pleasure of President.
• "Pleasure" in parliamentary system is not personal discretion—connect to Article 74 aid and advice.

Mains Angle

• Discuss ministerial accountability: resignations, parliamentary scrutiny, media and ethics, coalition constraints.
• Balance: PM's removal power improves discipline but may increase centralisation.

8) Cabinet vs Council of Ministers: Conceptual Clarity + Detailed Comparison Table

UPSC repeatedly tests the difference between Cabinet and Council of Ministers. The key is: Cabinet is a smaller, powerful subset within the Council of Ministers.

Exam-ready line: The Cabinet is the "steering committee" of the Council of Ministers.

Prelims Angle

• Cabinet is a subset of CoM; CoM includes all categories of ministers.
• CoM has clear constitutional base in Articles 74–75.

Mains Angle

• Discuss whether India still functions as "cabinet government" or has moved towards "PMO-driven" governance.
• Use governance examples carefully: coordination benefits vs concentration concerns.

9) Kitchen Cabinet and Inner Cabinet: Meaning, Usefulness, and Risks

Kitchen Cabinet refers to an informal group of trusted persons (often senior ministers, close advisers, sometimes non-minister aides) who influence key decisions. Inner Cabinet is similar but usually refers to a small circle within the Cabinet itself.

9.1 Why Do Kitchen Cabinets Emerge?

• Speed: quicker decisions in crisis or fast-moving politics.
• Confidentiality: sensitive issues handled by a smaller group.
• Coordination: PM seeks a trusted team to push priorities.

9.2 Democratic Concerns

• Reduces collective deliberation inside the Cabinet.
• Weakens accountability if non-elected advisers dominate policy.
• Creates "parallel power centres" outside formal institutions.

Prelims Angle

• Kitchen cabinet is not a constitutional body; it is a political practice.

Mains Angle

• Write balanced answers: efficiency vs institutional accountability.
• Link to debates on PMO centralisation and cabinet committees.

10) PM's Relationship with the President: Advice, Information, and Limited Discretion

The PM–President relationship is the best place to show "constitutional head vs real executive" using precise articles.

10.1 Aid and Advice (Article 74)

Article 74 establishes that the President acts on the aid and advice of the Council of Ministers headed by the PM. After constitutional amendments, the President can ask for reconsideration once, but must accept the advice if reiterated.

10.2 PM as the Link (Article 78)

The PM has a constitutional duty to keep the President informed about government decisions and administrative matters and to submit matters for consideration when required. This makes the PM the key channel connecting formal executive authority with real political executive functioning.

10.3 What About "Discretion"?

In normal times, the President's personal discretion is very limited at the Union level. The meaningful grey zone generally appears during hung parliament situations (choosing whom to invite to form government), but even there the guiding objective is the same: identify a person most likely to command majority support and require a floor test quickly.

Prelims Angle

• Article 74: aid and advice; reconsideration once.
• Article 78: PM keeps President informed.

Mains Angle

• Use constitutional morality: President should act as a neutral constitutional guardian, not a political actor.
• In coalition/hung scenarios, focus on "majority on the floor" as the democratic test.

11) Prime Minister vs Chief Minister: Detailed Comparison Table (Highly Scorable)

UPSC loves PM vs CM comparisons because both are "real executives" in parliamentary systems but operate in different constitutional environments (Union vs State).

Prelims Angle

• PM: Articles 74–75; CM: Articles 163–164.
• Collective responsibility: PM to Lok Sabha; CM to State Assembly.

Mains Angle

• Discuss cooperative federalism: PM and CM coordination through mechanisms like meetings, councils, and policy platforms.
• Analyse friction points: party politics, fiscal federalism, concurrent subjects, and administrative control.

12) Cabinet Committees: CCS, ACC, CCEA and Why They Matter in Governance

Cabinet Committees are small groups of ministers formed to reduce Cabinet workload and speed up decisions. They are extra-constitutional (not detailed in the Constitution) but extremely powerful in real governance.

12.1 Why Cabinet Committees Exist

• Efficiency: Cabinet cannot discuss every issue in detail.
• Specialisation: small expert group handles complex subjects.
• Coordination: resolves disputes between ministries.
• Confidentiality: sensitive decisions taken in limited circles.

12.2 Major Cabinet Committees (Commonly Asked)

12.3 Chairmanship and Control

Most key cabinet committees are chaired by the Prime Minister (especially CCS, ACC, CCEA), which increases the PM's coordinating power over governance.

Prelims Angle

• Cabinet committees are not constitutional bodies; formed under executive practice.
• Know expansions: CCS, ACC, CCEA, Parliamentary Affairs.

Mains Angle

• Write governance utility: faster decisions, coordination, crisis management.
• Write accountability concern: over-centralisation, reduced cabinet deliberation, opacity.

13) Cabinet Secretariat and PMO: Institutional Support Systems Behind PM-Led Governance

13.1 Cabinet Secretariat

Cabinet Secretariat provides secretarial and coordination support to the Cabinet and Cabinet Committees. It helps in agenda-setting, follow-up on decisions, inter-ministerial coordination, and policy coherence. It is headed by the Cabinet Secretary (top civil servant), who acts as a neutral coordinator across ministries.

13.2 Prime Minister's Office (PMO)

PMO is the staff office that supports the Prime Minister in policy coordination, monitoring, correspondence, appointments scheduling, and strategic inputs. It is not mentioned in the Constitution, but it has become a powerful coordination hub in modern governance. UPSC has directly asked about PMO's evolution in optional papers, showing its relevance.

13.3 Cabinet Secretariat vs PMO (UPSC-ready contrast)

Prelims Angle

• PMO is extra-constitutional but important.
• Cabinet Secretariat supports Cabinet and committees (administrative fact).

Mains Angle

• Discuss whether PMO strengthens governance (coordination/monitoring) or weakens cabinet government (centralisation).
• Use institutional reform language: transparency, defined workflow, stronger cabinet committees, empowered ministries.

14) Quick Facts (8–10 Bullet Points for Fast Revision)

• Article 74 creates a Council of Ministers with PM at the head to aid and advise the President; advice is binding, with one reconsideration option.
• Article 75(1): PM appointed by President; other ministers appointed on PM's advice.
• Article 75(3): Council of Ministers is collectively responsible to Lok Sabha (not Parliament as a whole).
• Article 75(1A): Total number of ministers (including PM) ≤ 15% of Lok Sabha strength.
• A minister (including PM) can be from Lok Sabha or Rajya Sabha; if not a member, must become member within 6 months (Article 75(5)).
• Cabinet is a subset of Council of Ministers; Cabinet takes major policy decisions.
• Cabinet Committees (CCS/ACC/CCEA etc.) make governance faster; most are chaired by PM.
• "Pleasure of the President" (Article 75(2)) operates in practice through PM's advice under parliamentary logic.
• U.N.R. Rao (1971): Council of Ministers continues even after dissolution of Lok Sabha to ensure continuity.
• PMO is extra-constitutional but highly influential in coordination and monitoring.

Prelims Angle

Memorise articles + traps (Lok Sabha vs Parliament; constitution vs conventions; 15% cap; 6 months).

Mains Angle

Use quick facts as anchors, then add analysis: cabinet government, accountability, coalition pressures, centralisation debate.

15) UPSC PYQs (3) with Model Answers

Prelims Angle

PYQs show traps: Lok Sabha vs Parliament; constitution vs conventions; 15% cap and article linkage.

Mains Angle

Use PMO question to write balanced governance answers: efficiency + accountability, with institutional reforms.

16) MCQs (6) for Practice + Answer Key

1. Which article states that the Council of Ministers shall be collectively responsible to the House of the People?

   • (a) Article 74(2)
   • (b) Article 75(2)
   • (c) Article 75(3)
   • (d) Article 78

2. The 15% cap on the total number of Union ministers (including PM) is provided under:

   • (a) Article 74(1)
   • (b) Article 75(1A)
   • (c) Article 75(6)
   • (d) Article 78(b)

3. A person who is not a member of either House can be appointed as a minister, but must become a member within:

   • (a) 3 months
   • (b) 6 months
   • (c) 9 months
   • (d) 12 months

4. Which of the following is the best description of the Cabinet?

   • (a) Entire Council of Ministers headed by PM
   • (b) Committee of Parliament chaired by Speaker
   • (c) Smaller core group of senior ministers within the Council of Ministers
   • (d) A constitutional body created under Article 352

5. In a hung parliament, the most democratic method to prove majority support is:

   • (a) President's personal satisfaction only
   • (b) Governor's report to President
   • (c) Floor test in the Lok Sabha
   • (d) Opinion poll results

6. Which statement is most accurate about "pleasure of the President" regarding Union ministers?

   • (a) President can remove any minister anytime purely by personal discretion
   • (b) Pleasure is exercised in line with parliamentary logic, typically on PM's advice
   • (c) Pleasure applies only to Cabinet Ministers, not MoS
   • (d) Pleasure applies only during emergency

Answer Key

1-(c), 2-(b), 3-(b), 4-(c), 5-(c), 6-(b)

17) Conclusion: Exam-Ready Wrap-up

The Prime Minister and Council of Ministers form the real executive core of India's parliamentary system. Articles 74–75 create the constitutional framework: CoM aids and advises the President, ministers hold office during the President's pleasure, and the ministry is collectively responsible to the Lok Sabha.

For Prelims, success depends on precision: correct articles, clauses, limits (15%), and common traps (Lok Sabha vs Parliament; constitution vs conventions). For Mains, scoring answers combine structure + balance: PM's coordinating leadership and cabinet efficiency on one side, and concerns of centralisation (PMO/kitchen cabinet) and accountability on the other. If you present both dimensions with constitutional grounding and practical examples, this topic becomes a high-return area in Polity and Governance.