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The Council of Ministers Notes with PDF

By October 4, 2025 Educational Resources 0 Comments

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I. The Prime Minister: Role, Position, and Appointment

A. Constitutional Head of Government

  • The Prime Minister (PM) is the real head of the Council of Ministers (the executive).
  • The PM is the head of the Central Government.
  • Under the parliamentary system, the PM exercises the actual executive power.
  • The executive power of the Union is constitutionally vested in the President of India, not the PM.

B. Appointment and Tenure

  • The PM is appointed by the President.
  • The PM is generally a member of the Lok Sabha.
  • At the time of appointment, the PM must be a member of either House of Parliament (Lok Sabha or Rajya Sabha).
  • If not a member at the time of appointment, they must become a member of either House within six months.
  • There is no specific minimum age mentioned in the Constitution for becoming PM (the age requirement is inferred from the requirement to be a Member of Parliament: 25 yrs for LS, 30 yrs for RS).

C. Relationship with Parliament

  • If the PM is a member of the Rajya Sabha, they will not be able to vote in the Lok Sabha in the event of a no-confidence motion.
  • The PM is responsible to the Lok Sabha.
  • By convention, the PM must resign upon losing the majority in the Lok Sabha (not explicitly stated in the Constitution).
  • The PM communicates proposals for legislation to the President.

D. Constitutional Duties (Articles)

  • Article 75 deals with the appointment, tenure, responsibility, qualifications, and oath of ministers.
  • Article 78 lays down the duties of the Prime Minister, which include:
    • Communicating all decisions of the Council of Ministers to the President.
    • Furnishing any information the President may call for.

E. Miscellaneous Appointments Held by the PM

    • The PM is the President of the Council of Scientific and Industrial Research (CSIR).
  • The PM is the head of the National Defence Committee (commonly known as the Cabinet Committee on Security).
  • The PM is not the ex-officio Chairman of the Civil Services Board (the Cabinet Secretary is).

II. The Council of Ministers & Cabinet

A. Composition and Structure

  • The Council of Ministers is a larger body that includes:
    • Cabinet Ministers
    • Ministers of State with independent charge
    • Ministers of State
  • The Cabinet is a smaller, core decision-making group consisting of ministers with Cabinet rank.
  • The PM has full discretion in choosing ministers.
  • Ministers are appointed by the President on the advice of the PM.
  • A minister must be a member of either House of Parliament (Lok Sabha or Rajya Sabha).
  • If not a member at the time of appointment, they must become a member within six months; failure to do so leads to them ceasing to hold office.
  • The 91st Constitutional Amendment Act (2003) restricted the size of the Council of Ministers.
    • The total number of ministers, including the PM, cannot exceed 15% of the total strength of the Lok Sabha.

B. Principles of Responsibility

  • Collective Responsibility (Article 75(3)): The Council of Ministers is collectively responsible to the Lok Sabha. If a no-confidence motion is passed, the entire Council must resign.
  • Individual Responsibility: Union Ministers hold office during the pleasure of the President. In practice, this means they serve at the pleasure of the PM, who can recommend their removal.

C. Powers and Functions

  • The PM can dismiss any minister.
  • Ministers are responsible for making policy, while civil servants are responsible for implementing it.
  • The Council of Ministers is collectively responsible only to the Lok Sabha, not the Rajya Sabha.
  • The word “Cabinet” is mentioned explicitly only once in the Constitution, in Article 352(3) (Proclamation of National Emergency).
  • The term “Budget” does not appear in the Constitution; the mandated term is “Annual Financial Statement” (Article 112).

D. The Deputy Prime Minister

  • The office of the Deputy Prime Minister is an extra-constitutional growth (i.e., not mentioned in the Constitution).
  • It is a conventional post created for political reasons and does not confer any of the powers of the PM.

III. Supporting Institutions

A. The Prime Minister’s Office (PMO)

  • The PMO is a staff agency that assists the PM.
  • It came into existence in 1977.
  • It is headed by the Principal Secretary to the PM (not the Cabinet Secretary).
  • The PMO directs the operations of the Union Cabinet Secretariat.

B. The Cabinet Secretariat

  • The Cabinet Secretary is the highest-ranking civil servant and the Chairman of the Civil Services Board.
  • The Secretariat operates under the direction of the PMO (not the Ministry of Parliamentary Affairs).
  • Key Functions:
    • Preparing the agenda for Cabinet meetings.
    • Providing secretarial assistance to Cabinet Committees.
    • Recording Cabinet discussions and decisions.
    • Monitoring the implementation of Cabinet decisions.
    • Facilitating inter-ministerial coordination.

IV. The President and Governors: Legal Immunity

  • The President or a Governor is immune from legal action for their official acts.
  • No court can compel a Governor to perform any duty.
  • A two-month notice is required for initiating civil proceedings against them for their personal acts.
  • Courts are not empowered to enquire into the advice tendered by the Ministers to the President or Governor.

V. Transaction of Government Business

  • The President makes rules for the convenient transaction of government business and its allocation among ministers.
  • All executive actions of the Government of India are expressed to be taken in the name of the President, not the Prime Minister.

VI. Parliamentary System & Motions

A. Parliamentary Form of Government

  • A key function of Parliament is to provide for a Cabinet.
  • The executive (Council of Ministers) is subordinate to the Legislature (Parliament).

B. No-Confidence Motion

  • It can be introduced only in the Lok Sabha.
  • It requires the support of at least 50 members to be admitted for discussion.
  • The term “No-Confidence Motion” is not mentioned in the Constitution; it is a practice derived from the principle of collective responsibility.

VII. Conventions and Miscellaneous Provisions

  • After resignation, the outgoing Council of Ministers may be asked by the President to continue as a caretaker government until an alternative arrangement (new government or election) is made.
  • There is a convention to ensure all parts of India are represented in the Council of Ministers.
  • There is no constitutional requirement for the Finance Minister to be from the Lok Sabha; it is a convention.
  • The decision on what constitutes an “Office of Profit” is made by the President/Governor on the advice of the Election Commission.
  • Centre-State Relations (Article 257): The executive power of every State must be exercised so as not to impede the executive power of the Union. The Union can give directions to states to ensure compliance with central laws.
  • A White Paper is an official policy document issued by the government to outline its approach on a subject.

VIII. Historical Facts and Examples

A. First Cabinet Ministers

  • First Finance Minister: R.K. Shanmukham Chetty (1947-1949)
  • First Law Minister: Dr. B.R. Ambedkar

B. Tenure of Specific Prime Ministers

  • H.D. Deve Gowda: 12th PM (1996-1997)
  • Chandra Shekhar: (1990-1991)
  • I.K. Gujral: (1997-1998)
  • V.P. Singh: (1989-1990)
  • Atal Bihari Vajpayee: Served three non-consecutive terms (1996, 1998-1999, 1999-2004).

C. Prime Ministers with Multiple Terms

  • Jawaharlal Nehru, Indira Gandhi, Gulzari Lal Nanda (acting), and Atal Bihari Vajpayee have all held the office more than once.
  • Those with non-consecutive terms: Gulzari Lal Nanda, Indira Gandhi, and Atal Bihari Vajpayee.

D. Background of Prime Ministers

  • Chief Minister Experience: P.V. Narasimha Rao (AP), Morarji Desai (Bombay), H.D. Deve Gowda (Karnataka), Charan Singh (UP), Narendra Modi (Gujarat).
  • Exception: Chandra Shekhar had never been a Chief Minister.
  • Parliamentary Membership:
    • Manmohan Singh was a member of the Rajya Sabha from Assam.
    • Chandra Shekhar was a member of the Lok Sabha during his premiership.
    • Chaudhari Charan Singh never attended Parliament as PM because his government fell before the Lok Sabha could meet.

E. Notable Events and Roles

  • Death in Office: PM Lal Bahadur Shastri died in Tashkent, Uzbekistan (1966).
  • Economic Reforms: PM P.V. Narasimha Rao announced the New Economic Policy (LPG) in 1991.
  • Dr. Manmohan Singh’s Roles: Finance Minister, RBI Governor, IMF Representative. He has never been the Chairman of the Finance Commission.
  • Other Finance Ministers: V.P. Singh, R. Venkataraman, Y.B. Chavan, Pranab Mukherjee.
  • Reorganization: The reorganization of the Union Cabinet was based on the report of N. Gopalaswami Ayyangar.
  • Slogan: “Jai Jawan, Jai Kisan” was given by PM Lal Bahadur Shastri.
  • Memorials:
    • Jawaharlal Nehru – Shanti Van
    • Lal Bahadur Shastri – Vijaya Ghat
    • Indira Gandhi – Shakti Sthal
    • Rajiv Gandhi – Veer Bhumi (Karam Bhumi is for President Dr. Shankar Dayal Sharma).
  • Ministerial History: Kailash Nath Katju from Madhya Pradesh served as Defence and Home Minister in Nehru’s cabinet.
  • Number of Ministries:
    • On August 15, 1947: 18 Ministries.
    • Current number of government departments: 51.

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