Council of Ministers and Prime Minister (Articles 74, 75, 77, 78)

There shall be a Council of Ministers headed by the Prime Minister to aid and advice the president in the exercise of his functions. Ministers are appointed by the president on the advice of the prime minister. The council of ministers is collectively responsible to the House of the People. A person who is not a member of parliament can remain as minister only for six months. The council of ministers consists of cabinet ministers, ministers of state and deputy ministers. Cabinet ministers are at the top of hierarchy of the ministers included in the council of the ministers.

Cabinet is the highest policy making body. All policy decisions are taken in the cabinet. Cabinet Ministers handle their portfolios independently. Some of the ministers of state are given independent charge of the ministries. Deputy Ministers assist their respective Cabinet Ministers in perfomance of their duties and responsibilities. The 91st constitutional amendment act 2000 (which was previously 97th amendment bill) limits the size of the council of ministers to 15 persons of the total strength of the Vidhan Sabha is 32 and 40 respectively. Here the maximum number has been fixed as 12 ministers. 

Prime Minister

The Prime Minister is the actual head of the Parliament. Prime Minister is the chief advisor to the president of india, head of the council of ministers and the leader of the majority party in parliament. The prime minister leads the executive branch of the Government of India. He is the chief spokesman of the Union Government. He is the Ex-officio chairman of the Planning Commission (NITI Aayog), National Development Council, National Integration Council and Inter State Council.

Powers of Prime Minister

In relation to the Parliament

■ He is usually the leader of the lower house.

■ He plays a significant role in shaping the foreign policy of the country.

■ He meets various people and listens to their problems.

■ He is the leader of the party in power.

■ He is the political head of the civil services.

In relation to the President

■ He is the channel of communication between the President and the Council of Ministers.

■ He advices the president with regard to the appointment of important officials like Attorney General, Chairman and members of UPSC, Election Commissioners, Chairman and members of Finance Commission etc.

In relation to the Council of Ministers

■ He recommends ministers to the President.

■ He allocates and reshuffles various portfolios among ministers.

■ He may ask a minister to resign or advice the president to dismiss a minister.

■ He presides over the meeting of the council of ministers.

■ He guides, directs and controls the Council of Ministers.

■ He may bring the collapse of the council of ministers by resigning.

■ He summons and decides the agenda of the cabinet meetings.

Articles 72 - 78

Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 73: Extent of executive power of the Union

Article 74: Council of Ministers to aid and advise President

Article 75: Other provisions as to Ministers

Article 76: Attorney-General for India

Article 77: Conduct of business of the Government of India

Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc