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The Prime Minister and the Council of Ministers are mentioned in Part II of the Constitution of India. India follows a parliamentary system. In this President - Nominal authority. Prime Minister - Real authority.
According to the Constitution of India, all ministers are equal. If any position in the Constitution of India has to be compared with the President of America, it should be compared with the Prime Minister. It should not be compared with the President. Dr. B.R. Ambedkar described it. The Prime Minister is the first among equals. Article 74 : There shall be a Council of Ministers to aid and advise the President.140 : There is a Council of Ministers headed by the Prime Minister to provide advice and assistance to the President in the administration of the country.In 1976, Indira Gandhi amended the Constitution through the 42nd Constitutional Amendment Act, making it mandatory for the Council of Ministers, headed by the Prime Minister, to adhere to the advice given to the President. Through the 44th Constitutional Amendment in 1978, the Janata government introduced a provision that allowed the President to send the advice given to him by the Council of Ministers, headed by the Prime Minister, for reconsideration without approval. If the Council of Ministers sends it to the President a second time, it must be approved. Shyam Institute 328
Article 74(2) : The advice given by the Prime Minister and the Council of Ministers to the President cannot be questioned in any court.Article 75 : Appointment of Prime Minister and Council of Ministers.75(1) : According to this, the Prime Minister of India is appointed by the President of India and other ministers are also appointed by the President on the advice of the Prime Minister.75(1) A : According to this, the total number of the Council of Ministers at the center cannot exceed 15% of the total number of Lok Sabha seats. (Including the Prime Minister)75(1) B : If the Speaker declares a member disqualified as a result of the Anti-Defection Act, that member cannot be given the position of minister.Note : Articles 75(1) A and 75(1) B are the two provisions added in 2003 through the 91st Constitutional Amendment.
Article 75(2) : The Prime Minister and the Council of Ministers shall hold office as long as they enjoy the confidence of the President.The central ministers serve at the pleasure of the President. The President has the power to remove ministers. (On the advice of the Prime Minister).
75(3) : The Council of Ministers at the Center is jointly responsible to the Lok Sabha.The Council of Ministers continues in office as long as it enjoys the confidence of the Lok Sabha. Shyam Institute 329
Article 75(4) : Union Ministers take oath in the presence of the President.Their oath is mentioned in Schedule 3.
75(5) : The persons appointed as the Prime Minister of India and as Union Ministers must be members of either house of Parliament.If one is appointed without being a member, he should acquire membership of either house within 6 months.
75(6) : The salaries and allowances of Union Ministers are determined by the Parliament.Article 77 : Describes the executive authority of the country.77(1) : All executive actions related to the administration of the country are deemed to be taken in the name of the President.77(2) : No administration conducted or orders issued in the name of the President.77(3) : The President formulates the necessary rules for conducting government business more conveniently and smoothly. (Allocating departments to ministers)
Article 78 : According to this, the Prime Minister must inform the President about all matters relating to administration.Shyam Institute 330
Article 78(A) : According to this, the Prime Minister should inform the President about the decisions of the Union Council of Ministers relating to administrative and legislative matters.(Prime Minister as the liaison between the Council of Ministers and the President).
78(B) : Regarding matters of administration, regarding matters related to legislation, if the President asks for any information to be sent to him, the Prime Minister should send such information to the President immediately.78(C) : The President may inquire whether the statements made by the ministers are individual or collective decisions.Prime Minister & Council of Ministers :Article 75 (1) : According to this, the Prime Minister is appointed by the President.When appointing the Prime Minister, the President appoints the leader of the party who enjoys the confidence of the Lok Sabha as the Prime Minister. If no party gets a majority in the general elections to the Lok Sabha, the President should use his discretionary powers and appoint the leader of the political party or the alliance of parties that forms a stable government and prove the majority in the Lok Sabha. Shyam Institute 331
Note: In the history of the country, the Prime Minister appointed by exercising the President's discretionary powers for the first time - 'Charan Singh'. In 1979, when Neelam Sanjiva Reddy was the President, he appointed Charan Singh as the Prime Minister and caused some controversy. The then opposition leader Y.B. Chavan was invited by the President to form the government. But he did not show interest. However, at this time, President Neelam Sanjiva Reddy appointed Charan Singh instead of Babu Jagjivan Ram as the Prime Minister. President Neelam Sanjiva Reddy asked Charan Singh to prove his confidence in the Lok Sabha within a month. Charan Singh resigned from the post of Prime Minister on the 24th day. “Charan Singh-the only Prime Minister who did not enter Parliament.” → According to the Constitution of India, what are the related points regarding the Prime Minister: → The person to be appointed as the Prime Minister must have completed the minimum age of 25 years. → The person to be appointed as the Prime Minister should have membership of either house of Parliament. If the person is appointed as the Prime Minister without having membership in either house, he should get the membership in either house within 6 months. → If he does not get the membership within six months, the Prime Minister will lose his position. Shyam Institute 332
Those who held the post of Prime Minister without being members of Parliament: Deve Gowda
P.V. Narasimha Rao.
Those who were Prime Ministers while being members of the Rajya Sabha: Indira Gandhi - 1966
Deve Gowda - 1996
I.K. Gujral - 1997
Manmohan Singh - 2004/2009
* Deve Gowda was elected to the Rajya Sabha. P.V. Narasimharao was elected to the Lok Sabha from Nandyal. According to the judgment given by Delhi High Court in 1980, the President does not need to prove his majority before the appointment of the Prime Minister; the President can first appoint him as the Prime Minister. The President has to prove his majority in the Lok Sabha within the time given. Ex: Charan Singh - 1979 V.P. Singh - 1989 Chandrasekhar - 1990 Deve Gowda - 1996 I.K. Gujral - 1997 Atal Bihari Vajpayee - 1998 Shyam Institute 333
Article 75(4) : According to this, the Prime Minister of India takes the oath in front of the President.The Parliament decides the salaries of the Prime Minister. The Parliament enacted the Ministers' Salaries Act in 1952 to this effect. The Prime Minister has no fixed term. The usual tenure is 5 years. → The Prime Minister and the Council of Ministers remain in office as long as they have the confidence of the Lok Sabha. → If the confidence is lost in the Lok Sabha, the Council of Ministers should resign. → The Prime Minister must submit his letter of resignation to the President. → If the Prime Minister resigns his membership, he must give it to the Speaker if he is a member of the House. → If the Prime Minister's post becomes vacant for any reason, the Council of Ministers must resign. → The Prime Minister serves as the Chairman of the following institutions. NITI AYOG Chairman of the National Security Council Chairman of the National Integration Council Chairman of the National Water Resources Council Chairman of the Interstate Council Chairman of the Indian Wildlife Chairman of the Committee on Political Affairs. Chairman of the International Affairs Committee.
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Chairman of the Indian Disaster Management Authority.
Chairman of the National Population Control Council.
Chairman of the National AIDS Control Council.
Leader of the Lok Sabha: Generally, the Prime Minister acts as the leader of the Lok Sabha. If the Prime Minister has membership in the Rajya Sabha, he acts as the leader of the Rajya Sabha. He appoints his representative as the leader of the Lok Sabha.
Functions of the Prime Minister: → The Prime Minister leads the Council of Ministers. → The President appoints Union Ministers on the advice of the Prime Minister. → Changes and additions in the Union Council of Ministers depend on the discretion of the Prime Minister. → The Prime Minister allocates departments to ministers and removes them on the advice of the President. → On the advice of the Prime Minister, he asks the ministers who do not function properly to resign. → The Prime Minister presides over the meetings of the Council of Ministers.
Note: He prepares the agenda to be discussed at the meetings of the Council of Ministers. The President dissolves the Lok Sabha on the advice of the Prime Minister. The Prime Minister acts as the leader of the country. Shyam Institute 335
He acts as the leader of India during foreign visits. He informs the President about all the decisions taken by the Council of Ministers. He announces the government's policies in Parliament. He requests the President to convene the sessions of Parliament and adjourn them for a long time. Deputy Prime Ministers: There is no mention of the post of Deputy Prime Minister in the Constitution. The main reason for setting up the post of Deputy Prime Minister may be due to regional and political parties. The Deputy Prime Minister is an integral part of the Union Council of Ministers. The Deputy Prime Minister has no special powers or special status. He performs the department assigned to him.
Devi Lal Vs. Sharma Case (1990): While delivering the verdict, the Supreme Court said that the Deputy Prime Minister can take oath is not unconstitutional. The Court ruled that he is also an integral part of the Council of Ministers. Shyam Institute 336
Note: Morarji Desai appointed two Deputy Prime Ministers. Devi Lal served as Deputy Prime Minister with two Prime Ministers. Shyam Institute 337
The Council of Ministers is to provide advice and assistance to the President in administration. The original constitution did not mention the maximum number of ministers. Through the 91st Constitutional Amendment in 2003, it was decided that the maximum number of members of the Council of Ministers should not exceed 15%. The minimum number of Council of Ministers is not mentioned. Classification of the Council of Ministers: The original constitution does not have the classification of the Council of Ministers. According to the Constitution of India, all ministers are equal. The first time the Council of Ministers was classified based on "Reorganisation of the Government Machinery" by Gopalaswamy Ayyangar. 8 types of classification were made in 1952. Cabinet Ministers State Ministers (Ministers of State) Deputy Ministers
1. Cabinet Ministers: → Cabinet ministers are the most senior ministers. → They are generally 15 to 20 people. → Cabinet is the highest policy-making body in the country. (Policy making Body) → They are assigned the most important departments in the country. Ex: Defence, Finance, Foreign Affairs, Home Department etc. → The word "Cabinet" was not mentioned in the original constitution. → The Cabinet was added to Article 32 through the 44th Constitutional Amendment Act. Shyam Institute 338
2) Ministers of State: → These may sometimes assist Cabinet Ministers. → (Or) They may have a separate charge (Independent Charge) of any ministry. → They have complete authority over the department assigned to them. → They do not attend Cabinet meetings. → They attend Cabinet meetings if invited by the Prime Minister.
3. Deputy Ministers: → They assist Cabinet Ministers and State Ministers. → The post of Assistant Minister is like a training. → They do not have the power to make independent decisions on the department assigned to them. → They review political administration, parliamentary affairs. Kitchen Cabinet / Inner Cabinet / Internal Cabinet: * The Prime Minister’s most close associates consisting of two to four people who can influence. * It is in practice in America and Britain. * It is used in India depending on the context, Shadow Cabinet: * It is in practice in Britain. * Shadow Cabinet means that the opposition party in power also forms the government to question the government in power. Shyam Institute 339
This concept is followed by various countries from the UK. But with that system, the Parliamentary Secretary is a member of Parliament. He performs duties as an assistant to a senior minister. In the past, there was also the post of Parliamentary Secretary in India. This post was of a lower rank than the Assistant Minister. From 1967, no one was appointed to this post. However, in 1985, the Rajiv Gandhi government appointed some as Parliamentary Secretaries. They do not have any departmental matters. They only conduct parliamentary activities. This system is not in practice at present. Collective Responsibility Principle: * If the confidence motion introduced by the Prime Minister in the Lok Sabha fails, the Council of Ministers is dissolved / the government is dissolved. * If a bill introduced by a Minister in the Lok Sabha fails, the Council of Ministers is dissolved. * If the motion of thanks on the President's speech fails in the Lok Sabha, the government should resign. * If private bills (unofficial bills) are passed in the Lok Sabha, the government should resign. * If the no-confidence motion moved by the opposition in the Lok Sabha is passed, the Council of Ministers should resign (or) the government should resign. Shyam Institute 340
* If the cut motion is passed in the Lok Sabha, the Council of Ministers should resign. Individual Responsibility: Article 75(2) : According to this, ministers should be individually responsible to the President.The Prime Minister may ask any minister who disagrees with the Prime Minister and the Council of Ministers to resign. The President removes ministers on the advice of the Prime Minister. The President cannot remove ministers at his own discretion.
Ministers who resigned after assuming individual responsibility: The Prime Minister at the time of financial matters because of differences of opinion with Jawaharlal Nehru, requested him to resign and he resigned - "Shyam Institute"
The report given by William Bos over unethical activities, based on which Firoz Gandhi raised it, and Nehru agreed with it, that is, the person who resigned - "T.T. Krishnamachari."
The person who resigned after the 2G Spectrum scam in 2010 - "A. Raja"
The person who resigned because of allegations made by Pallavi Gogoi that she was sexually harassed during the Mee-too movement - "M. J. Akbar."
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Ministers who left the Council of Ministers due to violation/violation of collective principles: (1) In 1953, Dr. B.R. Ambedkar - resigned from the Union Council of Ministers due to disagreements with Nehru over the Hindu Code Bill. (2) Lal Bahadur Shastri - resigned after disagreements with Nehru over the formation of the Planning Commission and its importance. "V.V.88" (3) "Mahaveer Tyagi" - resigned after opposing the Tashkent Agreement with Pakistan. (4) Morarji Desai - resigned, opposing the devaluation of the rupee - "Morarji Desai." (5) "Charan Singh" - the person who resigned due to dual membership during the Janata government. (6) V.K. Krishnamin - the person who resigned due to controversial comments made during the war with China. (7) "Arif Muhammad Khan" - resigned due to disagreements with Rajiv Gandhi over the Muslim Women's Marriage Divorce & Rights Act. (8) "M. C. Changla" - resigned objecting to the debate. (9) "C.D. Deshmukh" - resigned, objecting to the classification of Bombay state. Shyam Institute 342
It is the highest policy-making body in the country. It takes decisions related to the administration and laws of the country. It is collectively responsible to the Lok Sabha. It prepares the President's speech in Parliament. All appointments and schemes in the Centre take place as per the Cabinet decision. It formulates the country's economic policies including the budget. It formulates India's foreign policy. It makes changes to government policies in the light of changing world events. Cabinet Committees: (1) The Constitution of India does not mention about Cabinet Committees. (2) Since it is not possible for Cabinet Ministers to meet every time, some committees are formed and the Cabinet Ministries work in them. (3) Cabinet Committees are set up by the Prime Minister. 3-8 members can be in it. (4) Usually Cabinet Ministers are members of this committee. However, there is no rule that Cabinet Ministers should be appointed.
Important Cabinet Committees: (1) Committee on Political Affairs (Super Cabinet): → It decides foreign policy and internal policy. → It is the most powerful committee. Shyam Institute 343
→ President - "Prime Minister"Members: Home Minister, Defense, Finance, Foreign Affairs, and other department ministers.(2) Economic Affairs Committee: → It determines the economic policy. → President: Prime Minister. → Members: Finance, Rural Development, Agriculture, and Industry Ministers. (3) Appointments Committee: → This suggests appointments of officers in the secretariat, public sector institutions & banks. → Chairman: Prime Minister → Members: Minister of Staff, Home Minister, Finance Ministers. (4) Parliamentary Affairs Committee: → This prepares the agenda for Parliament meetings. → President: Home Minister → Members: Parliamentary Affairs Minister and the Law Minister. → Labor Affairs Ministers. Shyam Institute 344
Indian Prime Ministers: S.No Prime Minister Term Jawaharlal Nehru 1942-1964
Gulzarilal Nanda 1964-1964 (Acting PM)
Lal Bahadur Shastri 1964-1966
Gulzarilal Nanda 1966-1966 (Acting PM)
Indira Gandhi 1966-1977
Morarji Desai 1977-1979
Charan Singh 1979-1980
Indira Gandhi 1980-1984
Rajiv Gandhi 1984-1989
Vishwanath Pratap Singh 1989-1990
Chandrashekhar 1990-1991
P.V. Narasimha Rao 1991-1996
A.B. Vajpayee 1996-1996
Deve Gowda 1996-1997
I.K. Gujral 1997-1998
A.B. Vajpayee 1998-2004
Manmohan Singh 2004-2014
Narendra Modi 2014 - Still continue Shyam Institute
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Chief Ministers who became Prime Ministers: * Morarji Desai -> Bombay State * Charan Singh -> Uttar Pradesh * V.P. Singh -> Uttar Pradesh * Deve Gowda -> Karnataka * P.V. Narasimharao -> Andhra Pradesh * Narendra Modi -> Gujarat.
Indian Prime Ministers who have received the Bharat Ratna: * Jawaharlal Nehru: 1955 * Lal Bahadur Shastri: 1966 * Indira Gandhi: 1971 * Rajiv Gandhi: 1991 * Morarji Desai: 1991 * Gulzarilal Nanda: 1997 * A.B. Vajpayee: 2014 * P.V. Narasimharao: 2024 * Choudhary Charan Singh: 2024
Non-Congress ministers: * Morarji Desai * Charan Singh * V.P. Singh * Chandrasekhar * A.B. Vajpayee * Deve Gowda * Narendra Modi. Shyam Institute 346
* A.B.Vajpayee: 1994 * Chandrasekhar: 1996 * Manmohan Singh: 2002
* The Prime Minister is like the "cornerstone" of the Cabinet. - Ambedkar, Lord Morley. * The Prime Minister is the first among equals. - Lord Morley. * The Prime Minister is the first among equals in the Council of Ministers (Primus Inter Pares). * The Prime Minister is a moon among stars in the Council of Ministers - Herbert Morrison * Prime Minister is the captain of the ship, who has the power to control and manage the working structure of the Indian Parliament. * The Prime Minister is the captain of the ship called Parliamentary government * The Prime Minister is the moon and the stars are the ministers revolving around him - William Vernor Harkort * The Prime Minister is the anchor in the Cabinet. * Lord Monks. * The Prime Minister is the foundation of the Cabinet. * Lord Monkhu * The Prime Minister is the one who protects the country. * HRG. Griffin. Shyam Institute 347
* The Prime Minister is like a captain of the ship of government - Munro * Prime Minister, a leader and major decision-maker - Ameri. * If the President's is compared, comparing to the Indian President is correct. B.R. Ambedkar
Shyam Institute
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