Prime Minister and The Council of Ministers

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Prime Minister and the Council of Ministers.

Appointment of Prime Minister

---The Prime Minister is appointed by the President.

---The President invites the leader of the majority party in the Lok Sabha to form the
government.

---The members of the majority party elect their leader to be appointed as the Prime Minister

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by the President.

---- When no single party gets an absolute majority in the Lok Sabha , the President uses his
discretion in the appointment of the Prime Minister.

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---- However, he has to appoint that person as the Prime Minister who can prove his majority
in the house with the support of some smaller parties .

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Appointment of the Council of Ministers

---- The Prime Minister is appointed by the President.


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---- The other ministers are appointed by the President on the advice of the Prime Minister.

Under what provision can a non Member of Parliament be made a Minister?


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--- In case a non - member is appointed as a Minister , he must be elected or nominated to the

Parliament within 6 months from the date of his appointment . Failing this , he will have to
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resign from the post of a Minister.

Three Categories of Ministers


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Cabinet Ministers

--- They are the most important members of the Council of Ministers.

---- They hold important portfolios like Home, Defence ,Finance, Railways etc.

---- Only Cabinet Ministers have the right to attend the Cabinet meetings.

---- They together determine the policy and programme of the government.
Prime Minister and the Council of Ministers S.BAKSHI (SJPA)
Ministers of State

--- They are the second category of ministers.

---They may or may not hold an independent portfolio .

--- The Prime Minister may or may not consult them .

--- They do not participate in the Cabinet meetings but they may be invited to attend the
meetings if the matters are related to their departments.

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Deputy Ministers

---They are the third category of ministers .

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--- They are junior ministers and they assist the Cabinet ministers and the other senior
ministers.

--- They do not take part in Cabinet meetings.

Appointment of the Cabinet


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The Prime Minister selects his senior and trustworthy colleagues and then the President
appoints them as Cabinet Ministers as per the advice of the Prime Minister.
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Term of Office
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----The ministers hold office during the pleasure of the President.

---- However, the President has little power even in this regard because the Prime Minister and
the Council of Ministers are directly responsible to the Loksabha and can remain in office as
long as they enjoy the majority support in the Lok Sabha .
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---- If the Lok Sabha passes a vote of No - Confidence against the Council of Ministers, they
have to resign collectively.

---- Before a Minister enters upon his office , the President administers him the Oath of Office .

--- Every Minister must be a member of either House of the Parliament or must become one
within six months of his appointment , failing which he will have to resign .

--- The salaries and allowances of ministers are decided by the Parliament from time to time
Prime Minister and the Council of Ministers S.BAKSHI (SJPA)
by law.

Powers and Functions Of The Cabinet

Administrative Powers

1) Policy Making : The Cabinet formulates both external and domestic policies of the
government . It takes decisions on matters such as Defence , President's Rule in a state ,
Formation of New States etc.

2) Implementation of policies : Once a policy decision is taken by the Cabinet , it is conveyed


to the Minister of State ki and the Deputy Minister of the concerned ministry . They work out

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the details and pass it to the civil servants under that ministry to implement the decision.

3) The Cabinet coordinates the working of various departments for the smooth

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implementation of the government policies.

4) Appointments : All important appointments though made by the President are decided
upon by the Cabinet . Such appointments refer to the appointment of judges of the Supreme
Court , High Courts , Governors of States etc.

Legislative Powers
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1) Introduction of bills : The Cabinet initiates almost 95% of the bills and these bills are
called Official bills . The Cabinet pilots the bill through various processes of legislation from
introduction to the final passage of the bill.
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2) Source of Information : The ministers answer questions put to them by the members of
the Lok Sabha and thus provide information to the public.
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3). The Cabinet is instrumental in planning and moving the Amendment to the Constitution .

4) Summoning the Houses of Parliament : Although the Houses are summoned by the
President , initiative in this matter is taken by the Ministry Of Parliamentary Affairs .
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5). President's Special Address : The Cabinet prepare the President's Special Address to the
Parliament.

6) Issuing Ordinances : Cabinet advises the President to issue ordinances when the
Parliament is not in session.

Financial Powers

Prime Minister and the Council of Ministers S.BAKSHI (SJPA)


1) Budget : The Finance Minister prepares the Annual Budget containing estimates of income
and expenditure for the ensuring year.

2) Finances of the Government : The Cabinet is responsible for the expenditure of the
government , for presenting the demand for grants and also for raising necessary income by
various means including taxation.

3) Introduction of Money Bills : A money Bill can be introduced only in the Lok Sabha.

Emergency Powers

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The President cannot declare any General, Financial or State Emergency without receiving in
writing the decision of the Cabinet to this effect .

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Position of the Prime Minister

-- The PM is the real head of the nation. However his deeds are judged not only by the
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opposition but also by the members of his own party.

--- If he tries to assume dictatorial tendencies , he may lose the confidence of the Parliament
during his tenure as well as that of the electorate in the following general elections .
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--- He is the head of the government and is answerable to the people of the country.
ks

Powers of the Prime Minister in relation to the President

---- Prime Minister is the principal advisor of the President .All authority vested in the President
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is exercised by the PM. He is the real executive of the Indian Union.

---- The P.M advises the President to summon and prorogue the Parliament & to dissolve the
Lok Sabha.
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---- The PM chooses the ministers and, on his advice , the President appoints them. The
ministers may be dismissed on the advice of the PM.

---- The PM advises the President on various appointments such as the judges of the Supreme
Court, the Governors and Ambassadors.

--- The P. M. is a link between the President and the Council of Ministers.

The P.M communicates to the President all decisions of the Council of Ministers relating to
Prime Minister and the Council of Ministers S.BAKSHI (SJPA)
the administration of the Union and the proposals for legislation .

A minister cannot discuss any matter of national policy with the President on his own.

Prime Minister in relation to the Cabinet

---- The P.M is the leader of the Cabinet .He has the liberty to decide on the appointment of the
Cabinet Ministers , Ministers of State and Deputy Ministers.

---- The P.M has the power to allocate portfolios and to reshuffle the Council of Ministers.

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---- The PM has the power to select and dismiss Ministers.

---- The PM coordinates the working of various departments so that the administration is

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carried on smoothly.

---- The resignation of the P.M means the resignation of the whole Cabinet.

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Prime Minister inside the Parliament

----The PM is said to be the leader of the Lok Sabha as he is the leader of the majority party in
the Parliament.
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---- The PM is the chief spokesperson of the government in the Parliament. He makes all
important announcements on national policy.
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---- The PM defends the government in the Parliament.

---- The PM intervenes in case of controversial issues like the language issue , Centre- state
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relations , price - rise etc.

Prime Minister as the leader of the Nation


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---The P.M represents the nation. When he speaks , the whole nation is supposed to be
speaking through him.

--- During a national crisis like war, even the opposition parties support the Prime Minister.

--- The P.M decides what kind of relations India would have with other countries.

--- The P.M tries to protect the interests of the country in international forums.

Prime Minister and the Council of Ministers S.BAKSHI (SJPA)


--- The PM is the ex officio Chairman of the Planning Commission and the Atomic Energy
Commission.

Check on the authority of the Prime Minister

--- Though the PM is the leader of the majority party , he has to ensure the support of his

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ministers as well as the party.

--- In case of coalitions, when the PM does not enjoy an absolute majority in the Lok

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Sabha, his position becomes vulnerable.

--- Opposition parties always look for a chance to criticize the PM.

--- The press and public opinion act as effective checks on the P. M's authority.

Collective Responsibility
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hi
---- The decisions taken in the Cabinet meetings are equally applicable to all the ministers even

though they may differ among themselves on a particular policy.


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---- All ministers jointly share the responsibility for the Government's policies and performance.
The ministers must function as a team in supporting and defending the government policies
inside as well as outside the Parliament .
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---- A vote of no confidence against one Minister is a vote against the entire ministry. Such a
ministry has to resign.
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Individual Responsibility

--- The ministers are individually responsible to the President. They hold office during the
pleasure of the President and may be dismissed by him on the advice of the PM even when
they may have the confidence of the Legislature.

--- Each Minister is answerable to the Parliament for the department under his control.

--- Every Minister is responsible for matters such as :personal lapse, departure from official
Prime Minister and the Council of Ministers S.BAKSHI (SJPA)
policy, breach of Oath of secrecy etc.

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Prime Minister and the Council of Ministers S.BAKSHI (SJPA)

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