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Polity 13 PM & COM POLITY PDF

The document discusses the Council of Ministers in India including the Prime Minister and other ministers. It explains that the Prime Minister is the head of the Council of Ministers and aids and advises the President. It also describes the different types of ministers and their roles and responsibilities.

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0% found this document useful (0 votes)
37 views18 pages

Polity 13 PM & COM POLITY PDF

The document discusses the Council of Ministers in India including the Prime Minister and other ministers. It explains that the Prime Minister is the head of the Council of Ministers and aids and advises the President. It also describes the different types of ministers and their roles and responsibilities.

Uploaded by

Gaurav Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UPSC COURSE

VIDEO- 54

POLITY

PRIME MINISTER &


COUNCIL OF
MINISTER
ARTICLE 74 : COUNCIL OF MINISTERS TO AID AND ADVISE PRESIDENT

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. The advice is binding on the President.
(42nd Constitutional Amendment Act) . Though the President may recommend reconsidering such advice
tendered, the reconsidered advice is binding on the President (44th Constitutional Amendment Act)

The question whether any, and if so what, advice was tendered by Ministers to the President
shall not be inquired into in any court.
ARTICLE 75: OTHER PROVISIONS AS TO MINISTERS

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.

Principle of Collective Responsibility: The Council of Ministers


shall be collectively responsible to the Lok Sabha.

When a no-confidence motion was passed in the Lok Sabha,


the Council of Minister resigns in totality irrespective of their
membership to Rajya Sabha. They work as a team and swim or
sink together.
Principle of Individual Responsibility: this means that the
Council of Ministers can hold office during the pleasure of the
President. The President can dismiss them on the advice of the
Prime Minister.

The Oath of Office and Secrecy are administered to the


Ministers by the President. (Third Schedule.)

Their salary, allowance etc are determined by the Parliament


from time to time.
The original Constitution did not mention about the strength of the Council of Ministers.

The maximum strength of the Council of Ministers is fixed at


15% of the total number of members of the House of People.
This was added by the 91st Amendment Act of 2003.

A person who is not a member of both houses may be


appointed as a Minister for six months, within which he should
become a member of either house of Parliament.

A Minister (PM is also a Minister) must be a member of either Loksabha or Rajya Sabha.
ARTICLE 77 Conduct of Government Business

All executive action of the Government of India shall be


expressed to be taken in the name of the President.

Orders and other instruments made and executed in the


name of the President shall be authenticated in such
manner as may be specified in rules to be made by the
President

The President shall make rules for the more convenient


transaction of the business of the Government of India,
and for the allocation among Ministers of the said
business.
ARTICLE 78 : DUTIES OF PRIME MINISTER

It shall be the duty of the Prime Minister

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;

To furnish such information relating to the administration of the affairs of the Union and proposals for
legislation as the President may call for

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.
PRIME MINISTER
The general principle is that the President appoints the leader of majority party in the Lok Sabha as the Prime Minister.

If no party gets a clear majority then the President may exercise his personal discretion in the appointment of the P.M.

This power was first executed in India in the year 1979 when Dr Neelam Sanjeeva Reddy appointed Charan Singh as the
Prime Minister after the collapse of the Janata Party Government.

The Prime Minister / Minister may be a member of any of the two houses of the Parliament.

Manmohan Singh (2004) were the members of Rajya Sabha.


Prakash Jvedkar (Minister)
Term:

The tem is not fixed.


The Prime Minister holds the office during the pleasure of the President.
As long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be removed by the President.

Salary: This is determined by the Parliament from time to time.

Resignation: The PM submits the resignation to the President.

When the PM resigns or dies the Council of Ministers stands dissolved.


FUNCTIONS OF THE PRIME MINISTER:
• The PM recommends to the President about the members who can be appointed as the Ministers.
• Note: The President appoints only those persons as Ministers who are recommended by the Prime
Minister.
• The PM allocates various portfolios among the Ministers.
• The PM reshuffles the portfolios.
• The PM asks a Minister to resign.
• The PM advises the President to remove a Minister.
• The PM presides over the meeting of Council of Ministers.
• The PM is the principal channel of communication between the President and the Council of
Ministers
Note: The PM is the Chairman of NITI Ayog, National Integration Council, National Population Council, Inter
State Council, National Water Resource Council, National Disaster management etc.

Shri Narendra Modi Prime Minister and also in-charge of:


Ministry of Personnel, Public Grievances
and Pensions;
Department of Atomic Energy;
Department of Space; and
All important policy issues; and
All other portfolios not allocated to any
Minister.
THE COUNCIL OF MINISTERS:

There are three categories of ministers (COM), in descending order of rank

1. Cabinet Ministers: Cabinet Ministers heads the important ministries of the Central Government like Home
Ministry, Finance Ministry, Defence Ministry, External Affairs Ministry and Ministry of Human Resource and
Development etc. Generally the Cabinet Ministers consist of 18 to 25 ministers. This time there are 24
Cabinet Ministers.

Cabinet Ministers attend crucial (Cabinet) meetings and play a crucial role in the policy formation of the
country.

Minister of Environment, Forest and Climate Change; and


Shri Prakash Javadekar Minister of Information and Broadcasting.
2. Minister of State (Independent Charge):

In this case, the minister of state performs the same functions and exercises the same powers in relation to
their ministries/departments as Cabinet Ministers do.

However, they are not members of the cabinet so not entitled to attend the cabinet meetings until they are
not invited.

Minister of State (independent charge) are invited in the cabinet meetings when something important related
to their departments/ministries is considered by the cabinet.

Minister of State (Independent Charge) of the


Shri Kiren Rijiju Ministry of Youth Affairs and Sports; and
Minister of State in the Ministry of Minority
Affairs.
Minister of State: These ministers are given the charge of the departments of the ministries headed
by the Cabinet .So by and large these ministers work under the supervision and guidance of the
Cabinet Ministers.

General (Retd.) V. K. Singh Minister of State in the Ministry of Road Transport and Highways.

Shri Anurag Singh Thakur Minister of State in the Ministry of Finance; and
Minister of State in the Ministry of Corporate Affairs.
3. Deputy Ministers;

These ministers are lowest in the rank.

They are not given independent charge of the ministries/departments.

They are attached to the Cabinet Ministers or Ministers of State to help them in their administrative,
political and parliamentary duties.

Deputy Ministers are not part of the cabinet so they do not attend the meetings of the cabinet.
The difference between the council of ministers and cabinet
S.N. Council of Ministers Cabinet
1. Ministers are divided in three categories i.e. cabinet It includes the cabinet ministers only hence it is a part of the
ministers, ministers of state, and deputy ministers. council of ministers.
2. It does not meet, as a body, to transact government It meets, as a body, frequently and usually once in a week to
business. deliberate and take decisions regarding the transaction of
government business.
3. It is vested with all powers but in theory. It exercises, in practice, the powers of the council of ministers
and thus, acts for the latter.
4. It is a constitutional body, dealt in detail by the Articles 74 It was inserted in Article 352 of the Constitution in 1978 by the
and 75 of the Constitution.. 44th Constitutional Amendment Act. Thus, originally it was not
mentioned in the original constitution. Now also, Article 352 only
defines the cabinet saying that it is ‘the council consisting of the
prime minister and other ministers of cabinet rank appointed
under Article 75’ and does not describe its powers and functions.

5. It is collectively responsible to the Lower House (Lok Sabha) -


of the Parliament.
6. It is a wider body consisting of 60 to 70 ministers of the It is a smaller body consisting of 15 to 20 ministers.
government.

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