Polity 13 PM & COM POLITY PDF
Polity 13 PM & COM POLITY PDF
VIDEO- 54
POLITY
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
A Minister (PM is also a Minister) must be a member of either Loksabha or Rajya Sabha.
ARTICLE 77 Conduct of Government Business
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.
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.
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.
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;
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.