Prime minister and Union council of ministers Flashcards
How is the PM appointed?
Article 75 says only that the Prime Minister shall be appointed by the president.
In accordance with the conventions of the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.
When no party has a clear majority in the Lok
Sabha, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month.
What are the powers of PM as head of the
Union council of ministers?
- 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.
- He allocates and reshuffles various portfolios among the ministers.
- He can ask a minister to resign or advise the President to dismiss him in case of a difference of opinion.
- He presides over the meeting of the council of ministers and influences its decisions.
- He guides, directs, controls, and coordinates the activities of all the ministers.
- He can bring about the collapse of the council of ministers by resigning from office.
What are the duties of the PM in relation to the President?
- He is the principal channel of communication between the President and the council of ministers.
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.
- He advises the president with regard to the appointment of important officials like the 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.
What are the other powers & functions of PM?
- 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. - He plays a significant role in shaping the foreign policy of the country.
- He is the chief spokesman of the Union government.
- He is the crisis manager-in-chief at the political level during emergencies.
- 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.
- He is the leader of the party in power.
- He is the political head of the services.
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.
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.
(d) 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.
(e) The President shall administer the oaths of office and secrecy to a minister.
f. 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.
g. The salaries and allowances of ministers shall be determined by the Parliament.
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 been taken by a minister but which has not been considered by the council.
What is the nature of advice given by ministers to the President?
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 Constitutional Amendment Act made the advice binding on the President.
The 44th Constitutional Amendment Act made the provision that the President can ask the ministers to reconsider it once. The second time it’s binding on the President.
Further, the nature of advice tendered by ministers to
the President cannot be enquired by any court. This provision emphasises the intimate and confidential relationship between the President and the ministers.
What is the collective responsibility of the council of ministers?
All the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. They work as a team and swim or sink together.
When the Lok Sabha passes a no-confidence
motion against the council of ministers, all the ministers have to resign including those ministers who are from the Rajya Sabha.
It also means that the Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting. It is the duty of every minister to stand by cabinet decisions and support them both within and outside the Parliament.
What is the individual responsibility of the ministers of the council?
It states that the ministers hold office during the pleasure of the president, which means that the President can remove a minister even at a time when the council of ministers enjoys the confidence
of the Lok Sabha.
However, the President removes a minister only on the advice of the Prime Minister. In case of a difference of opinion or dissatisfaction with the performance of a minister, the Prime Minister can ask him to resign or advise the President to dismiss him.
What is the composition of the council of ministers?
The council of ministers consists of three categories of ministers, namely,
cabinet ministers,
ministers of state, and
deputy ministers.
Which are the present cabinet committees?
- Cabinet Committee on Political Affairs
- Cabinet Committee on Economic Affairs
- Appointments Committee of the Cabinet
- Cabinet Committee on Security
- Cabinet Committee on Parliamentary Affairs
- Cabinet Committee on Accommodation
- Cabinet Committee on Investment and Growth
- Cabinet Committee on Employment and Skill Development
What are the functions of cabinet committees?
- The Political Affairs Committee deals with all policy matters pertaining to domestic and foreign affairs.
- The Economic Affairs Committee directs and coordinates governmental activities in the economic sphere.
- Appointments Committee decides all higher level
appointments in the Central Secretariat, Public Enterprises, Banks and Financial Institutions. - Parliamentary Affairs Committee looks after the progress of government business in the Parliament.
