👑 Prime Minister & Council of Ministers
PM powers, Cabinet system, collective responsibility.
👑 The Real Executive
The Prime Minister is the real executive head of India. The President is the nominal head. Article 74 says there shall be a Council of Ministers with PM at the head to aid and advise the President. The President acts on the advice of the CoM — this advice is binding (44th Amendment).
Appointment: PM is appointed by President. Conventionally, leader of majority party/coalition in Lok Sabha. Must be member of either house of Parliament (can become PM from Rajya Sabha too — e.g., Dr. Manmohan Singh). If not a member, must become one within 6 months.
Council of Ministers — 3 tiers:
1. Cabinet Ministers — senior ministers, heads of important ministries, attend Cabinet meetings
2. Ministers of State — junior ministers, may or may not have independent charge
3. Deputy Ministers — assist Cabinet Ministers or Ministers of State
Cabinet is a smaller body within CoM — only Cabinet Ministers. Makes key decisions. CoM collectively responsible to Lok Sabha (Art 75).
91st Amendment (2003): Total CoM size cannot exceed 15% of total strength of Lok Sabha (i.e., max ~81 ministers). Anti-defection also applies to ministers.
• Appointment power — recommends all ministers, governors, SC/HC judges, ambassadors, CAG, UPSC chairman
• Chairman of Cabinet — presides Cabinet meetings, agenda-setter
• Link between President and Cabinet — Art 78 duties: keep President informed, furnish information, submit CoM decisions
• Leader of Lok Sabha — floor management, government business in Parliament
• Chairman of key committees — NITI Aayog, National Integration Council, National Development Council
• Foreign policy — leads India in international forums, bilateral meetings
• Emergency powers — Cabinet's written recommendation needed for Art 352
Collective Responsibility (Art 75): All ministers stand or fall together. If no-confidence motion passes against government, entire Cabinet must resign — not just PM. All ministers must publicly support Cabinet decisions (even if privately disagreed).
Individual Responsibility: Each minister individually responsible for their ministry. PM can ask a minister to resign if performance is poor. President can remove a minister on PM advice (Art 75).
No-confidence motion: Only in Lok Sabha. 50 members must give notice. If passed by simple majority → government falls.
Cabinet System — How Government Works
AnimationPM is "first among equals" in Cabinet — but in practice, strong PMs dominate completely.
India's Prime Ministers — Key Facts
Interactive• Introduced only in Lok Sabha (not Rajya Sabha)
• Notice given by at least 50 members
• Speaker admits the motion within 10 days
• Debate followed by voting
• Passed by simple majority (more than 50% of members present and voting)
• If passed: PM and entire Council of Ministers must resign
Confidence Motion:
• Government itself introduces to prove it has majority
• If it loses: must resign
India's history of No-Confidence Motions:
• 1979: Charan Singh government fell before even facing Parliament
• 1989: VP Singh government lost by just 1 vote
• 1998: Vajpayee government lost by 1 vote
• 1999: Vajpayee lost by 1 vote — leading to elections (NDA won then)
• 2018: Modi government won no-confidence motion (first in 15 years)
Constructive Vote of No-Confidence: India does NOT have this (Germany has it — must elect new Chancellor simultaneously). In India, defeating the government doesn't automatically mean another government comes — may lead to fresh elections.
Normal process: PM advises President to dissolve Lok Sabha (usually before calling elections). President acts on advice.
President's discretion in dissolution:
• If PM loses no-confidence motion and advises dissolution to avoid forming new government — President can refuse
• President can instead invite other parties to form government if they can prove majority
• S.R. Bommai case principle applies — floor test should be conducted before dissolution
When dissolution is NOT allowed:
• During National Emergency (Art 352) — Lok Sabha term can be extended
• President CANNOT dissolve if alternative government is possible
Rajya Sabha CANNOT be dissolved — it is a permanent body. Only 1/3 members retire every 2 years.
Important: After dissolution of Lok Sabha, elections must be held within 6 months. During this period, caretaker government continues with limited powers (major policy decisions avoided).