PM & CM Flashcards
The prime minister
Appointment of PM:
No specific provisions in the constitution
But article 75 that the president will appoint the PM
The conditions for it is that he is the leader of the majority party
Without a majority there will be situational discretion in selecting the PM (such as the largest party or coalition can prove within the month)
If the PM dies suddenly then the president can appoint someone else as the PM but if the ruling party appoints a new leader the president has no choice (for example, Rajiv Gandhi)
The supreme court in 1997 ruled that a person who is not a member of either parliamentary houses can only be appointed as a PM for 6 months and should become a member within 6 months in either of the houses.
The prime minister takes the oath in front of the President. His oath includes:
To bear the true faith and allegiance to the constitution
To uphold sovereignty and integrity of India
To faithfully discharge the duties of the house
To do right to all manner of people in accordance with the constitution and law without fear
There is no fixed term for the prime minister. He rules at the pleasure of the president or for as long as he enjoys the majority in lok sabha. If he loses confidence then the president can dismiss him or he can resign.
The salary and allowances of the PM are determined by the parliament from time to time. He gets sumptuary allowance for personal use. Apart from free accommodation and travelling allowance.
The powers and functions of the PM
In relation to the council of ministers:
He recommend them to the president to appoint as minister
He asks a minister to resign or advises the President to dismiss him
He allocates and reshuffles various portfolios
He guides, directs, and controls activities of all ministers
He can bring the collapse of the council of ministers by resigning
In relation to the president:
He communication all decisions of the council of ministers
He furnishes such information related to the administration as president may call for
He advises the president on MP appointments
In relation to parliament:
He advises the president on summoning and proroguing of sessions of parliament
He recommends the resolution of the lok sabha
Announces government policies on the floor of house
Other powers of the PM:
He is the chairman of niti aayog, National development council, National integration council, inter-state council, National water resource council.
He also shapes foreign policies
He is the chief spokesman of the union government
He is the crisis manager in chief during emergencies
He is the leader of the party in power
Council of ministers
The article 88 is responsible for the rights of the ministers in respect of each house. Every minister shall have rights and can speak and take part in proceedings of either houses or in joint sitting. They can be named as members of any committee of the parliament but cannot vote.
The nature of advice of The council of minister is binding on the president and cannot be acquired into in any court even after the dissolution of the lok sabha.
The council of ministers does not sees to hold office.
The president cannot exercises executive power without the advice of the council of ministers.
There is no specific provision for the appointment of ministers but they require a majority.
In thr article 75, it is stated that the president will appoint the prime minister and on his advice the council of ministers will be appointed.
They take their oath in the presence of the president. It includes:
To bear true face and allegiance to the constitution,
To uphold sovereignty and integrity of India
To faithfully discharge the duties of the house
To do right to all manner of people in accordance with the constitution and law without fear
Their responsibility is collective and individual
The cabinet is the highest decision making body. It is the chief policy formulating body. It is a supreme executive authority. It is a chief crisis manager. All major legislative and financial matters discussed by the cabinet. They hold control over higher appointments.
The kitchen cabinet:
It is an informal body of the prime minister and 2-4 influential colleagues.
It advises the PM.
It can compose of outsiders like family and friends
It is a more efficient decision making body
It reduces authority of the cabinet
It exist in USA and Britain
Chief minister
The governor is the nominal executive, de jure authority and the head of Government of the State
While the CM is a real executive, de facto authority and the head of the state government
The CM is appointed by the governor according to the article 164
This does not imply that the governor is free to appoint anyone
Usually the governor appoints the leader of the majority party, or at his personal discussion the largest part of coalition in assembly, or with the vote of confidence in the house within the month of election
The CM takes the oath in front of the governor. The oath:
To be a true faith and allegiance to the constitution
To uphold the sovereignty and integrity of India
To faithfully and conscientiously discharge the duties of his office
To do right to all manner of people in accordance with the constitution and the law without fear or favour, affection or ill-will
The powers and functions of the CM:
In relation to the council of ministers
In relation to the governor
In relation to assembly
Other powers and functions include the zonal council and the niti aayog (of which, he’s a member)
Articles related to the state government:
Article 163: council of minister to aid and advise governor
Article 164: other provisions as to the minister
Article 166: conduct of business of the government of state
Article 167: duties of CM in respect to furnishing information to the governor
Article 177: rights of ministers in respect to the house
State council of ministers
The constitution of India provides for parliamentary system of government in the state on the union pattern
The chief minister is the head of the council of ministers
The chief minister has real executive authority in the politico-administrative system of state
The state council of minister functions in the same way as the council of minister at the centre
The principles of parliamentary system of government are not detailed in the constitution
Article 63 deals with the status of the council of ministers
Article 164 deals with the appointment, tenure, responsibility, qualifications, salaries, and allowances of ministers
State council of ministers
Appointment
The CM is appointed by the governor
Other ministers are appointed by the governor at the advice of the CM
The governor can appoint only those persons as ministers who are recommended by the CM
But there should be tribal welfare minister in Chhattisgarh, Jharkhand, MP, Odisha
Desh provision was originally applicable only to Bihar, MP, Odisha
The 94th Constitutional Amendment Act of 2006 freed Bihar from the obligation of having a tribal welfare minister as that are not scheduled areas in Bihar now
Some amendments also extend the above provision to the newly formed states of Chhattisgarh and Jharkhand
A person who has not a member of either House of state legislature can also be appointed as a minister if he becomes a member by election or by nomination within 6 months
Once made a minister he can speak in either of the houses but can vote only in his respective houses
Collective responsibility:
According to article 164, the council of minister is collectively responsible to the legislative assembly of the state
The council of minister has to work as a team and swim or sink together
When the legislative assembly passes a no confidence motion against the council of ministers all the ministers have to resign including those who are from the legislative council
The governor may not oblige the council of minister which has lost the confidence of the legislative assembly
The principles of collective responsibility also means that the cabinet decisions bind all cabinet members even if they are deferred in the cabinet meeting
Individual responsibility:
According to article 164, the ministers whole office at the pleasure of the governor
The governor can remove a minister only on advise of the CM
Chief ministers ask him to resign or advise the governor to dismiss him
While exercising his power the Chief minister can ensure the realisation of the rule of collective responsibility
Courts are barred from enquiring into the nature of advice rendered by the ministers to the governor
Cabinet
A smaller body called cabinet is the nucleus of the council of ministers
It consists only of the cabinet ministers and it is the real centre of authority in the state government
It is the highest decision making authority in the politico-administrative system of a state
It is the chief policy formulating body of the state government
It is the supreme executive authority of the state government
It is the chief coordinator of state administration
It is an advisory to the governor
It is the chief crisis manager and thus deals with all emergency situations
It deals with all major legislative and financial matters
It exercise over higher appointments like constitutional authorities and senior secretariat administrators
The cabinet committee:
The cabinet works via various committees called the cabinet committee
Two types of these committees are: standing and ad hoc
The former are of a permanent nature while the letter are of a temporary nature.
