PrepYodhaClass Notes · Polity
Polity · Chapter 07

The Prime Minister & Council of Ministers

In India's parliamentary system the President is the nominal head of State, while the Prime Minister is the real head of government who runs the executive through the Council of Ministers. These notes move from the constitutional status of the Prime Minister, through Article 74 (the Council that aids and advises the President) and Article 75 (appointment, tenure, collective responsibility and oath), on to Article 77 and Article 78, and finally the three categories of ministers that make up the Council.

👔 13 topics🎯 84+ points📝 self-test
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Topic 01

Status of the Prime Minister

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The Prime Minister is the pivot of the entire Union government and the genuine wielder of executive power.

⭐
Key Point
The Prime Minister is the real executive of the country.
Position of the Prime Minister
  • The Prime Minister is the head of the government, while the President is only the nominal/constitutional head.
📝 Quick self-test 2 MCQs · 2 fill-ups

In India's parliamentary system, who is the real executive of the country?

  1. The President
  2. The Prime Minister
  3. The Vice-President
  4. The Chief Justice
✔ B. The Prime Minister — The Prime Minister is the real executive of the country.

The President of India is best described as the:

  1. Real executive head
  2. Nominal/constitutional head
  3. Head of government
  4. Leader of the ruling party
✔ B. Nominal/constitutional head — The President is only the nominal/constitutional head, while the PM is the head of government.

The Prime Minister is the executive of the country.

✔ real

The Prime Minister is the head of the .

✔ government
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Topic 02

Article 74 — Council of Ministers to Aid and Advise the President

Article 74 creates the Council of Ministers headed by the Prime Minister and makes its advice binding on the President.

⭐
Key Point
Article 74(1): 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.
Article 74(1) — the core provision
  • Clause (1) of Article 74 was amended by the 42nd Constitutional Amendment Act, 1976.
  • Before the 42nd Amendment, Article 74(1) only said there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions — the words making the advice binding were added later by the 42nd Amendment.
Proviso to Article 74(1) — reconsideration of advice
  • The proviso to Article 74(1) was added by the 42nd Amendment, 1976.
  • The President is not bound by the advice tendered by the Council of Ministers unless such advice is tendered again after reconsideration.
  • The 44th Constitutional Amendment Act, 1978 added the proviso providing that the President may require the Council of Ministers to reconsider such advice, and the President shall act in accordance with the advice tendered after such reconsideration.
  • Before the 44th Amendment, there was no such provision allowing the President to require the Council of Ministers to reconsider its advice.
Article 74(2) — advice not enquired into by courts
  • Article 74(2): The question whether any, and if so what, advice was tendered by Ministers to the President shall not be enquired into in any Court.
  • Article 74(2) therefore bars courts from inquiring into the advice given by the Council of Ministers to the President.
  • In the S. R. Bommai case, the Supreme Court held that Article 74(2) bars judicial review of the *advice* given by Ministers, but it does not bar scrutiny of the material on the basis of which that advice is given.
Amendments to Article 74 — at a glance
ChangeAmendment
Advice of Council made binding on President42nd Amendment Act, 1976
Proviso to Article 74(1) first inserted42nd Amendment Act, 1976
President may ask Council to reconsider; then bound44th Amendment Act, 1978
📝 Quick self-test 2 MCQs · 2 fill-ups

Which amendment made the advice of the Council of Ministers binding on the President under Article 74(1)?

  1. 42nd Amendment, 1976
  2. 44th Amendment, 1978
  3. 91st Amendment, 2003
  4. 24th Amendment, 1971
✔ A. 42nd Amendment, 1976 — The 42nd Constitutional Amendment Act, 1976 made the advice binding on the President.

Which amendment allowed the President to require the Council of Ministers to reconsider its advice?

  1. 42nd Amendment, 1976
  2. 44th Amendment, 1978
  3. 91st Amendment, 2003
  4. 70th Amendment, 1992
✔ B. 44th Amendment, 1978 — The 44th Constitutional Amendment Act, 1978 added the reconsideration proviso.

Article 74(2) provides that ministerial advice shall not be enquired into in any .

✔ Court

In the S. R. case, the Supreme Court held the material behind the advice can be scrutinised.

✔ Bommai
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Topic 03

Article 75 — Appointment of the Prime Minister and Ministers

Article 75(1) lays down how the Prime Minister and the other Ministers are appointed.

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Key Point
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.
Article 75(1) — appointment
  • The Prime Minister being "appointed" by the President simply means that the Prime Minister is not elected.
  • Under the Constitution the President is the authority to appoint the Prime Minister, but the President cannot exercise this power in his own discretion freely.
  • The Constitution does not require a person to first prove or establish his majority in the Lok Sabha before he is invited to be the Prime Minister.
  • The President can appoint only those persons as Ministers who are recommended by the Prime Minister.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 75(1), who appoints the Prime Minister?

  1. The President
  2. The Lok Sabha
  3. The ruling party
  4. The Vice-President
✔ A. The President — The Prime Minister is appointed by the President under Article 75(1).

The other Ministers are appointed by the President on the advice of whom?

  1. The Vice-President
  2. The Prime Minister
  3. The Speaker
  4. The Council of Ministers
✔ B. The Prime Minister — Other Ministers are appointed by the President on the advice of the Prime Minister.

The Prime Minister being appointed means the Prime Minister is not .

✔ elected

The President can appoint only those persons as Ministers who are recommended by the Minister.

✔ Prime
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Topic 04

Article 75(1A) & 75(1B) — Size and Disqualification

These two clauses, both added by the 91st Amendment, cap the size of the Council and bar defectors.

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Key Point
The total number of Ministers, including the Prime Minister, shall not exceed 15% of the total number of members of the Lok Sabha.
Article 75(1A) — size of the Council of Ministers
  • Clause (1A) was added by the 91st Constitutional Amendment Act, 2003.
Article 75(1B) — disqualification on defection
  • A member of either House belonging to a political party who is disqualified under the 10th Schedule (anti-defection law) shall also be disqualified to be appointed as a Minister.
  • Clause (1B) was also added by the 91st Constitutional Amendment Act, 2003.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 75(1A), the total number of Ministers including the PM shall not exceed what percentage of the Lok Sabha strength?

  1. 10%
  2. 12%
  3. 15%
  4. 20%
✔ C. 15% — Article 75(1A) caps the Council at 15% of the total Lok Sabha strength.

Clauses 75(1A) and 75(1B) were added by which amendment?

  1. 42nd Amendment, 1976
  2. 44th Amendment, 1978
  3. 91st Amendment, 2003
  4. 52nd Amendment, 1985
✔ C. 91st Amendment, 2003 — Both clauses were added by the 91st Constitutional Amendment Act, 2003.

A member disqualified under the Schedule (anti-defection law) is barred from being a Minister.

✔ 10th

Clauses 75(1A) and 75(1B) were added by the Constitutional Amendment Act, 2003.

✔ 91st
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Topic 05

Article 75(2) — Tenure and the Pleasure of the President

The Ministers, including the Prime Minister, hold office at the President's pleasure, which in practice means the Prime Minister's pleasure.

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Key Point
The Ministers shall hold office during the pleasure of the President.
Tenure of Ministers
  • The term of the Prime Minister is not fixed; he holds office during the pleasure of the President.
  • However, the Prime Minister remains in office as long as he enjoys a majority in the Lok Sabha.
  • The term "Ministers" or "Minister" in this and subsequent clauses includes the Prime Minister.
  • Each Minister holds office at the President's pleasure — in reality his office is at all times at the Prime Minister's disposal (the pleasure of the President means the pleasure of the Prime Minister).
  • Clause (2) applies only to the dismissal of Ministers.
  • Ministers are individually responsible towards the President.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 75(2), the Ministers hold office during whose pleasure?

  1. The Prime Minister
  2. The President
  3. The Lok Sabha
  4. The Speaker
✔ B. The President — Article 75(2) provides that Ministers hold office during the pleasure of the President.

For how long does the Prime Minister remain in office in practice?

  1. A fixed term of 5 years
  2. As long as he enjoys a majority in the Lok Sabha
  3. A fixed term of 6 years
  4. Until the President retires
✔ B. As long as he enjoys a majority in the Lok Sabha — The PM's term is not fixed; he stays as long as he enjoys a Lok Sabha majority.

The term of the Prime Minister is fixed.

✔ not

Ministers hold office during the pleasure of the .

✔ President
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Topic 06

Article 75(3) — Collective Responsibility to the Lok Sabha

Collective responsibility is the foundation of parliamentary government in India.

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Key Point
Article 75(3): The Council of Ministers shall be collectively responsible to the Lok Sabha.
Collective responsibility
  • This is the bedrock principle of Parliamentary government.
  • It means that all the Ministers own joint responsibility to the Lok Sabha — they swim and sink together.
  • If a Minister is not prepared to defend the policy of the government, then he must resign.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 75(3), the Council of Ministers is collectively responsible to which body?

  1. The President
  2. The Rajya Sabha
  3. The Lok Sabha
  4. The Supreme Court
✔ C. The Lok Sabha — Article 75(3) makes the Council collectively responsible to the Lok Sabha.

Collective responsibility is described as the:

  1. A ceremonial rule
  2. Bedrock principle of parliamentary government
  3. Provision struck down in 2015
  4. Feature borrowed from the US
✔ B. Bedrock principle of parliamentary government — Collective responsibility is the bedrock principle of parliamentary government.

Under Article 75(3), the Council of Ministers is responsible to the Lok Sabha.

✔ collectively

If a Minister is not prepared to defend government policy, he must .

✔ resign
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Topic 07

Article 75(4) — Oath of Office and Secrecy

Before taking up office, every Minister is sworn in by the President.

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Key Point
Before a Minister enters upon his office, the President shall administer the oaths of office and of secrecy to him.
The oath
  • The oath is taken according to the forms set out in the Third Schedule.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 75(4), who administers the oath of office and secrecy to a Minister?

  1. The Chief Justice of India
  2. The President
  3. The Prime Minister
  4. The Speaker
✔ B. The President — Article 75(4) provides that the President administers the oaths of office and of secrecy.

The oath of a Minister is taken according to forms set out in which Schedule?

  1. Second Schedule
  2. Third Schedule
  3. Tenth Schedule
  4. Eleventh Schedule
✔ B. Third Schedule — The oath is taken according to the forms in the Third Schedule.

Before entering office, the President administers the oaths of office and of to a Minister.

✔ secrecy

The Minister's oath is taken as per the Schedule.

✔ Third
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Topic 08

Article 75(5) — A Minister Not a Member of Parliament

A non-member can be made a Minister, but only for a limited period.

⭐
Key Point
A Minister who for six consecutive months is not a member of either House of Parliament shall, at the expiration of that period, cease to be a Minister.
Six-month rule
  • A Minister, including the Prime Minister, can be a member of either the Lok Sabha or the Rajya Sabha.
  • A person who is not a member of either House can also be appointed a Minister (subject to the six-month rule above).
📝 Quick self-test 2 MCQs · 2 fill-ups

A Minister who is not a member of either House for how long must cease to be a Minister?

  1. Three consecutive months
  2. Six consecutive months
  3. One year
  4. Nine months
✔ B. Six consecutive months — Under Article 75(5), a Minister not a member for six consecutive months ceases to be a Minister.

A Minister, including the Prime Minister, can be a member of:

  1. Only the Lok Sabha
  2. Only the Rajya Sabha
  3. Either the Lok Sabha or the Rajya Sabha
  4. Only a State Legislature
✔ C. Either the Lok Sabha or the Rajya Sabha — A Minister can be a member of either the Lok Sabha or the Rajya Sabha.

A non-MP appointed a Minister must become a member within consecutive months.

✔ six

A person who is not a member of either House can also be a Minister.

✔ appointed
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Topic 09

Article 75(6) — Salaries and Allowances of Ministers

Parliament controls what Ministers are paid.

⭐
Key Point
The salaries and allowances of Ministers shall be such as Parliament may by law determine; until then, as specified in the Second Schedule.
Salaries
  • Clause (6) makes the salary of Ministers votable by Parliament.
  • A Minister gets the salary and allowances payable to a Member of Parliament.
Article 75 — clause-by-clause summary
ClauseSubjectKey point
75(1)AppointmentPM appointed by President; other Ministers on PM's advice
75(1A)SizeCouncil ≤ 15% of Lok Sabha strength (91st Amdt, 2003)
75(1B)DefectionDisqualified under 10th Schedule → barred as Minister
75(2)TenureHold office during the pleasure of the President
75(3)ResponsibilityCollectively responsible to the Lok Sabha
75(4)OathPresident administers oath of office & secrecy (3rd Schedule)
75(5)Non-memberCease to be Minister after 6 months if not an MP
75(6)SalaryDetermined by Parliament; until then 2nd Schedule
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 75(6), the salaries and allowances of Ministers are determined by whom?

  1. The President
  2. Parliament by law
  3. The Prime Minister
  4. The Finance Commission
✔ B. Parliament by law — Salaries of Ministers are such as Parliament may by law determine.

Until Parliament determines their salaries, Ministers are paid as specified in which Schedule?

  1. First Schedule
  2. Second Schedule
  3. Third Schedule
  4. Tenth Schedule
✔ B. Second Schedule — Until Parliament decides, salaries are as specified in the Second Schedule.

A Minister gets the salary and allowances payable to a Member of .

✔ Parliament

Until Parliament determines salaries, they are as specified in the Schedule.

✔ Second
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Topic 10

Article 77 — Conduct of Business of the Government of India

Article 77 deals with how the executive action of the Union government is formally expressed and authenticated.

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Key Point
Article 77(1): All executive action of the Government of India shall be expressed to be taken in the name of the President.
The three clauses of Article 77
  • Explaining Article 77(1), the Supreme Court observed that although all executive actions have to be expressed in the name of the President, this does not make the order one passed by the President personally, and so the order carries no immunity with it. *(Note: Article 361 is discussed separately under Fundamental Rights.)*
  • Article 77(2): Orders and instruments made in the name of the President shall be authenticated in such manner as may be specified in rules made by the President.
  • Article 77(3): The President shall make rules for the more convenient transaction of business of the Government of India, and for the allocation of business among Ministers.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 77(1), all executive action of the Government of India is expressed to be taken in the name of whom?

  1. The Prime Minister
  2. The President
  3. The Cabinet Secretary
  4. The Council of Ministers
✔ B. The President — Article 77(1) requires all executive action to be expressed in the name of the President.

Under Article 77(3), the President makes rules for the allocation of business among whom?

  1. Judges
  2. Ministers
  3. Governors
  4. Secretaries only
✔ B. Ministers — Article 77(3) provides for the allocation of business among Ministers.

Under Article 77(2), orders made in the name of the President shall be .

✔ authenticated

Article 77 deals with the conduct of business of the Government of .

✔ India
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Topic 11

Article 78 — Duties of the Prime Minister

Article 78 makes the Prime Minister the link between the Council of Ministers and the President as regards information.

⭐
Key Point
Clause (a): 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.
It shall be the duty of the Prime Minister
  • Clause (b): To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
  • Clause (c): If the President so requires, to submit for the consideration of the Council any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under Article 78, it is the duty of the Prime Minister to communicate to the President all decisions of whom?

  1. The Lok Sabha
  2. The Council of Ministers
  3. The Supreme Court
  4. The Governors
✔ B. The Council of Ministers — Article 78(a) requires the PM to communicate all decisions of the Council of Ministers to the President.

Which Article makes the Prime Minister the link between the Council of Ministers and the President as regards information?

  1. Article 74
  2. Article 75
  3. Article 77
  4. Article 78
✔ D. Article 78 — Article 78 makes the PM the information link with the President.

Under Article 78(b), the PM must furnish such relating to Union affairs as the President may call for.

✔ information

The duties of the Prime Minister are laid down in Article .

✔ 78
👔
Topic 12

Composition of the Council of Ministers

The Council of Ministers is not a single rank — it is made up of three categories of ministers.

⭐
Key Point
Cabinet Ministers — the topmost rank, members of the Cabinet.
Three categories of Ministers
  • Ministers of State — the middle rank (Ministers of State).
  • Deputy Ministers — the junior rank.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which of these is the topmost rank in the Council of Ministers?

  1. Deputy Ministers
  2. Ministers of State
  3. Cabinet Ministers
  4. Parliamentary Secretaries
✔ C. Cabinet Ministers — Cabinet Ministers are the topmost rank, members of the Cabinet.

How many categories of Ministers make up the Council of Ministers?

  1. Two
  2. Three
  3. Four
  4. Five
✔ B. Three — The Council has three ranks: Cabinet Ministers, Ministers of State and Deputy Ministers.

The junior rank in the Council of Ministers is the Ministers.

✔ Deputy

The middle rank in the Council of Ministers is the Ministers of .

✔ State
🎖️
Topic 13

Prime Minister vs President — Quick Contrast

The President is the nominal head; the Prime Minister is the working head — a contrast worth fixing for the exam.

President vs Prime Minister
PointPresidentPrime Minister
Type of headNominal / constitutional head of StateReal executive & head of government
Role under Article 74Acts on the aid and advice of the CouncilHeads the Council of Ministers
AppointmentElected (electoral college)Appointed by the President (not elected)
Responsibility—Council collectively responsible to the Lok Sabha (Article 75(3))
Continuity in officeFixed 5-year termNo fixed term; stays while he has a Lok Sabha majority
📝 Quick self-test 2 MCQs · 2 fill-ups

In the President vs Prime Minister contrast, the Prime Minister is the:

  1. Nominal head of State
  2. Real executive and head of government
  3. Elected head of State
  4. Constitutional figurehead
✔ B. Real executive and head of government — The PM is the real executive and head of government, unlike the nominal President.

How is the Prime Minister brought into office, according to the contrast?

  1. Elected by the electoral college
  2. Appointed by the President (not elected)
  3. Elected directly by the people
  4. Nominated by the CJI
✔ B. Appointed by the President (not elected) — The PM is appointed by the President and is not elected.

The Council is collectively responsible to the Lok Sabha under Article .

✔ 75(3)

The President has a fixed -year term, while the PM has no fixed term.

✔ 5
🎯
Recap

Quick Revision

⭐
Key Point
The Prime Minister is the real executive and head of government; the President is the nominal head.
  • Article 74: Council of Ministers with the PM at the head aids and advises the President, whose advice was made binding by the 42nd Amendment, 1976.
  • 44th Amendment, 1978: President may ask the Council to reconsider, then must act on the reconsidered advice.
  • Article 74(2): ministerial advice not enquired into by courts; in S. R. Bommai, the material behind the advice can still be scrutinised.
  • Article 75(1): PM appointed by President; other Ministers on the PM's advice — the PM is appointed, not elected.
  • Article 75(1A): Council (incl. PM) ≤ 15% of Lok Sabha — 91st Amendment, 2003.
  • Article 75(1B): defectors disqualified under the 10th Schedule are barred as Ministers — 91st Amendment, 2003.
  • Article 75(2): Ministers hold office during the pleasure of the President; PM has no fixed term but stays while he holds a Lok Sabha majority.
  • Article 75(3): Council is collectively responsible to the Lok Sabha — the bedrock of parliamentary government.
  • Article 75(4): President administers oath of office and secrecy (Third Schedule).
  • Article 75(5): a non-MP Minister must become an MP within 6 months or cease to hold office; a Minister may be from the Lok Sabha or Rajya Sabha.
  • Article 75(6): salaries of Ministers determined by Parliament; until then the Second Schedule.
  • Article 77: all executive action is taken in the name of the President, authenticated per his rules, with business allocated among Ministers.
  • Article 78: PM communicates Council decisions to the President and furnishes information he calls for.
  • The Council of Ministers has three ranks: Cabinet Ministers, Ministers of State, Deputy Ministers.

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