Prime Minister and Council of Ministers

Prime Minister and Council of Ministers constitute the real executive in India and are collectively responsible for the administration of the Union government under the parliamentary system. In Indian Polity, the Prime Minister acts as the head of government and leader of the Council of Ministers, guiding policy formulation and governance. Together, they form the core decision-making body that ensures effective execution of laws and administration.

system of government in India and the role of the Prime Minister

Parliamentary system of government
- Parliamentary system of government is in force in India.
- The President is the nominal Head of State, while the Prime Minister is the actual Head of Government.
Prime Minister – the real executive
- The powers of the Prime Minister are not clearly mentioned in the Constitution.
- The powers of the President mentioned in the Constitution are practically exercised by the Prime Minister.
- Prime Minister = “Head of the Government”, while President = “Head of the State”.
- so –
  - President = De Jure Executive
  - Prime Minister = De Facto Executive

Interpretation of the role of the Prime Minister by scholars

Scholar	Statement
Crosman	Parliamentary government = Prime Ministerial government
Lord Marley	“The Prime Minister is the first among equals”“The Prime Minister is the cornerstone of the arch of the Cabinet, that is, the foundation stone of the Council of Ministers.”
Sir Hartcoat	“The Prime Minister is the moon among the stars”
Ivor Jennings	“The Prime Minister is the Sun, the other planets revolve around him”
H.J. Lawsky	“That’s the life-or-death point of the cabinet.”
Ramsay Muir	“Sailor of the Ship of State”
Dr. B. R. Ambedkar	“If the American President can be compared to anyone, it is the Prime Minister of India.”
Gadgil	“The Prime Minister has the potential to become a dictator if he is not a true democrat.”

Important Articles Related to the Prime Minister and the Council of Ministers

Article 74 – Council of Ministers to aid and advise the President

Article 74(1): The President will be assisted and advised by a Council of Ministers.
- This Council will be headed by the Prime Minister. The President will act in accordance with this advice in his or her actions.
  - The President may ask the Council of Ministers to reconsider any advice. The President must act on the advice given after reconsideration.

Article 74(2): The question of what advice the ministers gave or did not give to the President – no court will investigate this.

U.N. Rao vs. Indira Gandhi – The Council of Ministers continues in all circumstances and advises the President.
Ram Jawaya Kapoor vs Punjab (1956) and Shamsher Singh vs Punjab (1974) – The President has to accept the advice of the Council of Ministers.

Article 75 – Other provisions with respect to Ministers

Article 75(1) : The President appoints the Prime Minister. Other ministers are appointed by the President on the advice of the Prime Minister.
Article 75(1A): The number of ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha. (Constitution 91st Amendment, 2003)
Article 75(1B): If an MP is disqualified under the Tenth Schedule (anti-defection law), he cannot become a minister until his term of membership ends or he is re-elected.
Article 75(2) : The ministers hold office during the pleasure of the President. [Personal accountability]
Article 75(3) :The Council of Ministers is collectively responsible to the Lok Sabha. [Collective Responsibility]
Article 75(4) : Before assuming office as a Minister, he is administered the oath of office and secrecy by the President in accordance with the Third Schedule.
Article 75(5) : If a minister is not a member of Parliament for 6 consecutive months, he cannot hold the post of minister.
Article 75(6) : The salaries and allowances of ministers shall be determined by Parliament. Until Parliament makes a new provision, the pay rates shall be as per the Second Schedule.

Article 77 – Conduct of proceedings of the Government of India

Article 77(1):All executive actions of the Government of India shall be in the name of the President.
Article 77(2):The validity of orders passed in the name of the President cannot be based on whether the President himself passed them or not.
Article 77(3):The President will make rules for the distribution of work and conduct of business among the ministers.

Article 78 – Duties of the Prime Minister to the President

Article 78(A): It is the duty of the Prime Minister to inform the President of all administrative and legislative decisions taken by the Council of Ministers.
Article 78(B): If the President requires any specific information relating to administration or legislation, the Prime Minister will provide that information.
Article 78(C): If a minister has taken a decision on his own, but it has not been discussed in the Council of Ministers, and if the President so asks, the Prime Minister will have to place that decision before the Council of Ministers for consideration.

Article 88 – Powers of Ministers in Parliament

Every minister has the right to speak and take part in the proceedings of either House of Parliament, whether he is a member of that House or not.
But he will not have the right to vote in that House if he is not a member of that House.
Note :
- The 42nd and 44th Amendments made it clear that the advice of the Council of Ministers would be binding on the President.
- In 1971, the Supreme Court said – Even if the Lok Sabha is dissolved, the Council of Ministers will not be dissolved.
- In 1974, it was decided that whenever the Constitution mentions “satisfaction of the President”, it will be considered as the satisfaction of the Council of Ministers and not personal satisfaction.

Appointment of the Prime Minister – Article 75

The Constitution does not provide a clear procedure for the appointment of the Prime Minister.
Article 75(1) states: “The Prime Minister shall be appointed by the President.”
Under the parliamentary system, the President has to appoint the leader of the majority party in the Lok Sabha.
When there is no clear majority-
- In such a situation the President has to exercise discretion.
- Generally he appoints the leader of the largest party or coalition as the Prime Minister.
- And asks him to get a vote of confidence within 1 month.
- Example:
  - In 1979, President Neelam Sanjiv Reddy appointed Charan Singh as Prime Minister after the Janata Party government fell.
In case of sudden death of the Prime Minister
- The President can also exercise his discretion in case of sudden death of the Prime Minister.
- Example: Following the assassination of Indira Gandhi in 1984, President Giani Zail Singh appointed Rajiv Gandhi as Prime Minister, even before a formal meeting of the Congress Parliamentary Party. The Congress Parliamentary Party subsequently elected him as its leader.
  - Earlier, in such a situation, Gulzari Lal Nanda was appointed acting Prime Minister twice.
Need to prove majority
- It is not necessary to prove majority in advance to become the Prime Minister.
- The President can make the appointment first, then the Prime Minister has to prove majority within the time limit.
- Example: Charan Singh (1979), V.P. Singh (1989), Chandrashekhar (1990), Narasimha Rao (1991), Vajpayee (1996, 1998), Deve Gowda (1996), Gujral (1997)
Appointment of Prime Minister despite not being a member
- A person who is not a member of Parliament can become Prime Minister for 6 months.
- But during this period, he must become a member of Parliament, otherwise he cannot continue as Prime Minister.
- Example: HD Deve Gowda was a member of the Karnataka Legislative Assembly when he became Prime Minister.
- Later he became a member of the Rajya Sabha.
Rules relating to membership of the House
- According to the Constitution, the Prime Minister can be a member of either the Lok Sabha or the Rajya Sabha.
- Example: Rajya Sabha member
  - Indira Gandhi (1966) ➔ Became Prime Minister for the first time, was a Rajya Sabha member from Uttar Pradesh at that time.
  - Deve Gowda (1996) ➔ Was a member of the Karnataka Legislative Assembly at the time of appointment, later became a Rajya Sabha member.
  - I.K. Gujral (1997) ➔ Rajya Sabha Member from Bihar (Bihar).
  - Dr. Manmohan Singh (2004–14) ➔ Rajya Sabha member from Assam.
Appointment of Nominated Member: A nominated member can also become the Prime Minister, provided he becomes an elected member of either House within 6 months.

Qualifications for the post of Prime Minister

There is no specific provision in the Indian Constitution for the qualifications for the post of Prime Minister.
Only a person who is a member (elected/nominated) of either House of Parliament or becomes one within 6 months can become the Prime Minister.
Minimum age 25 years.
Swearing-in ceremony
- Before assuming office, the Prime Minister takes the oath of office and secrecy before the President.
- This oath is mentioned in the Third Schedule of the Indian Constitution.
- They follow the same format as the oath taken by a minister (there is no separate oath for the Prime Minister in the Constitution).
- It consists of two oaths:
  - Oath of office.
  - Oath of secrecy.
In the oath of office, the Prime Minister says –
1. I will have true faith and allegiance to the Constitution of India.
2. I will uphold the sovereignty and integrity of India.
3. I will discharge my duties with devotion and a pure conscience.
4. I will do justice to all persons without fear, favour, affection or ill-will, according to the Constitution and the law.
In his oath of secrecy, the Prime Minister says – I swear in the name of God that I will not disclose to anyone any matter that is brought before my consideration or becomes known to me unless it is necessary for the discharge of my duties.

Term of office

The tenure of the Prime Minister is not fixed.
He holds office during the pleasure of the President.
But:
- As long as the Prime Minister enjoys the support of the majority in the Lok Sabha, the President cannot remove him from office.
- If the Prime Minister loses the vote of confidence in the Lok Sabha, he must:
  - must resign, or
  - In case of non-resignation, the President can remove him from the post.
The term “acting Prime Minister” is not mentioned in the Constitution.

Salary and allowances

The salary and allowances of the Prime Minister are determined by the Indian Parliament from time to time.
The Prime Minister receives the same salary, allowances, free accommodation, travel facilities, health services, etc. as a Member of Parliament.
- In the year 2001, Parliament increased the expenditure allowance of the Prime Minister from ₹1500 to ₹3000 per month.

Functions and powers of the Prime Minister

Powers of the Prime Minister in relation to the Council of Ministers:

Recommendation for Ministerial Appointment: The names for appointment of ministers are suggested to the President by the Prime Minister only.
Allocation of Ministries: He distributes various ministries and makes changes as required.
Removal/Resignation of Ministers: He can take the resignation of a minister or recommend his dismissal to the President.
Council of Ministers headed by: He presides over the meetings of the Council of Ministers and influences decisions. There is no quorum for the meetings of the Council of Ministers.
Coordination of the functions of the Ministers: Supervises, directs and coordinates among all ministers.
Power to resign: The entire Council of Ministers is automatically dissolved by the resignation or death of the Prime Minister.
Rule 4(1) of the Government of India (Allocation of Business) Rules, 1961: All the work allotted to the Cabinet Secretariat is deemed to be automatically allotted to the Prime Minister.

Note : The resignation or death of the Prime Minister automatically results in the dissolution of the entire Council of Ministers, while the resignation or death of any other minister only creates a vacancy.

Powers of the Prime Minister with respect to the President

Bridge between the President and the Council of Ministers: The Prime Minister is the main link of communication between the President and the Council of Ministers.
Duties of the Prime Minister (under Article 78):
- To inform the President of the decisions of the Council of Ministers.
- To provide information sought by the President.
- To place any decision taken by a Minister, on the request of the President, before the Council of Ministers for consideration.
Advising in appointments: The Prime Minister advises the President on the appointments to various key posts, such as the Attorney General of India, the Comptroller and Auditor General, the Election Commission, the Union Public Service Commission, the Finance Commission, etc.

Powers of the Prime Minister in relation to Parliament

The Prime Minister is the leader of the House of which he is a member.
Impact on Parliamentary Session: Advises the President on summoning and adjourning the session.
Recommendation for dissolution of Lok Sabha: When necessary, he can recommend the dissolution of the Lok Sabha to the President.
Government policies announced: Presents the policy and views of the government in the Lok Sabha.

Other functions and powers

The Prime Minister is the head of the following institutions:
- NITI Aayog
- National Development Council
- Inter-State Council
- National Integration Council
- National Water Resources Council
- Council of Scientific and Industrial Research
- National Security Committee
- Chancellor of Visva-Bharati University, Santiniketan
Determining foreign policy
Chief spokesperson of the government
Emergency Leadership
‘Public Relations’
leader of the ruling party
Political head of the forces:
- “Under our Constitution, if any executive can be compared to the President of the United States, it is the Prime Minister, not the President.” Dr. Bhimrao Ambedkar

Important facts

Death while in office:
- Jawaharlal Nehru
- Lal Bahadur Shastri
- Indira Gandhi

Acting Prime Minister:
- Gulzarilal Nanda:After the death of Nehru and Shastri, he was appointed acting Prime Minister twice.

Resignation before the vote of confidence:
- Chaudhary Charan Singh
- Atal Bihari Vajpayee (1996):
Resigned before getting the vote of confidence in the Lok Sabha.

No-confidence motion:
- India’s first no-confidence motion was moved against Prime Minister Nehru in 1963 by J.B. Kripalani, but was not passed.
Prime Minister who failed the vote of confidence:
- V.P. Singh (1990)
- HD Deve Gowda (1997)
- Atal Bihari Vajpayee (1998)
All of them had to resign due to not getting the vote of confidence in the Lok Sabha.

Prime Minister without government experience:
- Rajiv Gandhi
- Chandrashekhar
Before becoming Prime Minister, he had no experience of working in any government position.

Chief Minister turned Prime Minister (6)

Order	leader’s name	Chief Minister post	Prime Ministership	Key Features
1	Morarji Desai	Bombay State (1952–1956)	March 1977 – July 1979	The first non-Congress Prime Minister of the country Janata Party leader
2	Charan Singh	Uttar Pradesh (1967–1968, again in 1970)	July 1979 – January 1980	friendly to farmers Lok Dal leader
3	V. P. Singh	Uttar Pradesh (1980–1982)	December 1989 – November 1990	First Coalition Government (1989) Mandal Commission was implemented by the Head of the National Front government
4	P. V. Narasimha Rao	Andhra Pradesh (1971–1973)	June 1991 – May 1996	First Prime Minister from South India Initiated economic liberalization
5	H. D. Deve Gowda	Karnataka (1994–1996)	June 1996 – April 1997	Leader of the United Front government associated with Janata Dal
6	Narendra Modi	Gujarat (2001–2014)	May 2014 – Present (third term in 2024)	Longest-serving non-Congress Prime Minister Prominent BJP leaders

List of Prime Ministers of India (1947–present)

Order	Name of the Prime Minister	Tenure	Party	Specific
1	Jawaharlal Nehru	15 August 1947 – 27 May 1964	Indian National Congress	He was the Congress President for a total of 4 times. 1935: Wrote his autobiography in Almora jail – An Autobiography Other famous works – Discovery of India, Glimpses of World History He was called “Chacha Nehru” because of his love for children. The country’s first Prime Minister Longest and continuous tenure.
2	Gulzarilal Nanda (Acting)	27 May 1964 – 9 June 1964And11 January 1966 – 24 January 1966	Indian National Congress	1947 – Government representative of India at the Geneva Labour Conference. March 1950 – Deputy Chairman of the Planning Commission. “Congress Forum for Socialist Action” launched in 1962 Prime Minister (Acting) –After the death of Pandit Nehru. After the death of Lal Bahadur Shastri. The only person to have served as acting Prime Minister twice
3	Lal Bahadur Shastri	9 June 1964 – 11 January 1966	Indian National Congress	Resignation taking moral responsibility for the train accident (1956) Famous quote- “Working hard is like praying. ”Coined the slogan ‘Jai Jawan Jai Kisan’; Prime Minister during the Indo-Pak War (1965).
4	Indira Gandhi	24 January 1966 – 24 March 1977 And 14 January 1980 – 31 October 1984	Indian National Congress	Establishment of ‘Bal Charkha Sangh’ in childhoodIn 1930, he formed a children’s ‘Vanar Sena’ (to support the non-cooperation movement). 1959-60 and 1978 – Congress President 1964-66 – Minister of Information and Broadcasting January 1966–March 1977 – Prime Minister June 1970–November 1973 – Home Minister Prime Minister again from 14 January 1980 August 1964–February 1967: Member of the Rajya Sabha Member of the 4th, 5th and 6th Lok Sabha January 1980: Elected to the 7th Lok Sabha from Rae Bareli (Uttar Pradesh) and Medak (Uttar Pradesh) (left Rae Bareli) 1967-77 and 1980 – Leader of the Congress Parliamentary Party 1972 – Bharat Ratna Golaknath vs State of Punjab (1967) case. Nationalisation of 14 banks in 1969 – declared illegal in Rustom Cowasjee v. Union of India (1970). Pension/Privy Purse of Kings abolished in 1969 – declared illegal in Madhavrao Scindia case (1970). The effects of these decisions were nullified by the 25th and 26th Constitutional Amendments in 1971. 1971 Indo-Pak War (Chakma refugee issue) – President of Pakistan Yahya Khan. Following the Emergency (1975), the Sardar Swaran Singh Committee was formed (1976), which led to the 42nd Amendment (mini-constitution). This was also known as the “Indira Constitution.”
5	Morarji Desai	24 March 1977 – 28 July 1979	Janata Party	1963: Resigned from the cabinet under the Kamaraj Plan. Appointed Chairman of the Administrative Reforms Commission. 1967: Deputy Prime Minister and Finance Minister in the Government of Mrs. Indira Gandhi. July 1969: Indira Gandhi took charge of the Finance Ministry from him → He resigned as Deputy Prime Minister. 1969: Stayed with Congress (O) after the Congress split. Emergency (26 June 1975): Arrested, solitary confinement. 1977: Played an important role in the victory of Janata Party. Elected MP from Surat. 24 March 1977: Became the Prime Minister of India. While serving as Prime Minister, he said:”No one, not even the Prime Minister, should be above the law of the land. “First non-Congress Prime Minister. The first Prime Minister to resign. He resigned before the vote of confidence. Awarded Nishan-e-Pakistan (Pakistan’s highest civilian honour). Atal Bihari Vajpayee was the Foreign Minister during his tenure – Speech in Hindi at the UN for the first time in 1978.
6	Charan Singh	28 July 1979 – 14 January 1980	Janata Party	February 1970 – Became the Chief Minister of Uttar Pradesh for the second time with the support of the Congress Party. Strict and honest administrator – did not tolerate inefficiency, nepotism and corruption in administration. A talented parliamentarian, a pragmatic leader, renowned for his eloquence and conviction.
7	Rajiv Gandhi	31 October 1984 – 2 December 1989	Indian National Congress (I)	Youngest Prime Minister – Became Prime Minister at the age of 40 In the elections held after his mother’s assassination, Congress won a record 401 out of 508 seats, the largest mandate in India’s history. After the death of his brother Sanjay Gandhi in a plane crash in 1980, he faced pressure to enter politics. He reached the Lok Sabha by winning the by-election for the Amethi seat vacated due to the death of Sanjay Gandhi. After the assassination of Indira Gandhi on 31 October 1984, he became the Congress President and Prime Minister. No administrative experience before becoming Prime Minister. Bofors scandal (1987) occurred during his tenure. Gandhi vs President Giani Zail Singh clash (1987), mutual dialogue ended. Thakkar Commission report (Indira Gandhi assassination) was not given to the President.
8	Vishwanath Pratap Singh	2 December 1989 – 10 November 1990	Janata Dal	9 June 1980 – 28 June 1982: Chief Minister of Uttar Pradesh 16 July 1983: Became a member of Rajya Sabha 31 December 1984: Became Union Finance MinisterHe was defeated in the no-confidence motion.
9	Chandrashekhar	10 November 1990 – 21 June 1991	Janata Dal (Socialist)	President of Janata Party from 1977 to 1988. The ‘Young Turks’ emerged as leaders. ‘Meri Jail Diary’ – Written in jail during the Emergency. 25 June 1975: Arrested under the Internal Security Act when Emergency was declared. Continuously Member of Parliament since 1962 (except for a brief period from 1984–89).
10	P. V. Narasimha Rao	21 June 1991 – 16 May 1996	Indian National Congress (I)	1971–73: Chief Minister of Andhra Pradesh. January 1980: Third Conference of the United Nations Industrial Development Organization (UNIDO) in New Delhi – Presidency. 1982–83: Seventh Summit of the Non-Aligned Movement in India, chaired by Indira Gandhi. November 1983: Leader of the Special Non-Aligned Mission to the Palestinian Liberation Movement visits West Asia.
11	Atal Bihari Vajpayee	16 May 1996 – 1 June 1996(13 days) And 19 March 1998 – 22 May 2004(13 months) And 13/10/1999from 22/5/2004 (5 years)	Bharatiya Janata Party	He left journalism in 1951 after joining the Bharatiya Jana Sangh (now Bharatiya Janata Party). Member of Lok Sabha 9 times, Member of Rajya Sabha 2 times. Became Prime Minister thrice: led coalition governments all three times. First time – 1996 (short term), served for 13 days. Resigned before a vote of confidence. Second term – 19 March 1998 to 13 October 1999 – lost the vote of confidence (13 months) Third term – 13/10/1999 to 22/5/2004 (Second consecutive term as head of NDA government) (5 years) The first leader after Jawaharlal Nehru to become Prime Minister twice in a row. He has been the Prime Minister, Foreign Minister, Leader of the Opposition and Chairman of the Standing Committees of Parliament. Padma Vibhushan, India’s second highest civilian award. First non-Congress Prime Minister to complete a 5-year term (1999–2004)1998 – India’s second nuclear tests (11 and 13 May). February 1999 – Visit to Pakistan, Lahore Declaration.July 1999 – Operation Vijay for the Kargil War. 13 December 2001 – Attack on Parliament, Operation Parakram. 25 December – Vajpayee’s birthday, is celebrated as Good Governance Day.
12	H. D. Deve Gowda	1 June 1996 – 21 April 1997	Janata Dal	After the defeat of Congress in the 1971 Lok Sabha elections, he emerged as a strong leader of the opposition. Janata Dal President in 1994.Became the 11th Prime Minister of India on 30 May 1996.
13	Inder Kumar Gujral	21 April 1997 – 19 March 1998	Janata Dal	President of the South Asian Cooperative Council.1996: United Nations General Assembly (Leader of India’s delegation). 1977: UNESCO (Conference on Education and Environment) – Leader of India.President of Indo-Pak Friendship Society.
14	Dr. Manmohan Singh	22 May 2004 – 26 May 2014	Indian National Congress	Worked in the UNCTAD Secretariat.Secretary, Ministry of Finance. Deputy Chairman of the Planning Commission. Governor of the Reserve Bank of India. Economic Advisor to the Prime Minister. Chairman of the University Grants Commission (UGC).1991–96: Finance Minister of India. The main architect of economic reforms (LPG Policy: Liberalisation, Privatisation, Globalisation). 22 May 2004 – Became Prime Minister. 22 May 2009 – Prime Minister again (second consecutive term). 14th Prime Minister as Prime Minister. 1998–2004: Leader of the Opposition in the Rajya Sabha.Rajya Sabha member continuously since 1991. 2004–2014: Led the coalition government for the longest period. 1987 – Padma Vibhushan (India’s second highest civilian award).
15	Narendra Modi	26 May 2014 – present	Bharatiya Janata Party	2014 to present (third term 2024) – Longest non-Congressman tenure. Despite getting majority in 2014, a coalition government was formed. In 2015, the Supreme Court struck down the 99th Constitutional Amendment (NJAC) in its entirety – the first time this had happened.

Special assignments of some prominent Prime Ministers

Coalition era Prime Ministers

Duration	Name Prime Minister
1977- 80	Morarji DesaiChaudhary Charan Singh
1989-91	V.P. SinghChandrashekhar
1991-1996	PV Narasimha Rao
1996-99	Atal Bihari VajpayeeHD Deve GowdaInder Kumar GujralAtal Bihari Vajpayee

Deputy Prime Minister: (7)

Order	Name	tenure	Specific
1	Vallabhbhai Patel	(October 1947 – December 1950)	Longest-serving Deputy Prime Minister
2	Morarji Desai	(March 1967 – July 1969)	Second longest tenureBecame Deputy Prime Minister in 1967later became Prime Minister
3	Charan Singh	(January 1979 – July 1979)	later became Prime Minister
4	Jagjivan Ram	(January 1979 – July 1979)	He served as Deputy Prime Minister continuously in different ministries without any break.
5	Yashwantrao Chavan	(July 1979 – January 1980)	He served as Deputy Prime Minister continuously in different ministries without any break.
6	Chaudhary Devi Lal	December 1989 – August 1990November 1990 – June 1991)	The only Deputy Prime Minister to represent both parties in the same position.
7	Lal Krishna Advani	(June 2002 – May 2004)	He was the seventh and last person to serve as Deputy Prime Minister.

Council of Ministers

India’s system of government is based on the British parliamentary system. The executive branch is actually led by the Council of Ministers, headed by the Prime Minister.

Articles relating to the Council of Ministers

Article	Theme
74	Council of Ministers to aid and advise the President
75	Other provisions relating to ministers
77	Conduct of proceedings by the Government of India
78	Responsibilities of the Prime Minister in relation to providing information to the President
88	Powers of ministers in Parliament

Appointment of ministers

The President appoints the Prime Minister.
Other ministers are appointed by the President on the advice of the Prime Minister.
Generally, only members of Parliament are appointed as ministers.
If a person is not an MP, he should take membership of the Parliament (Lok Sabha or Rajya Sabha) within a maximum period of 6 months, otherwise his ministerial post will end.
A minister who is a member of one House can take part in the proceedings of the other House and make statements, but cannot vote.

Oath and secrecy

Before assuming office, two oaths are administered by the President:
Oath of Office:
- True faith and loyalty towards the Constitution.
- Protection of the integrity and sovereignty of India.
- Discharge of duties faithfully.
- To administer justice without bias or malice.
Oath of secrecy:
- The Minister shall keep confidential any information obtained during his tenure unless it is necessary for the discharge of his duties.
Court’s view on the oath of the Deputy Prime Minister
- Devi Lal’s swearing-in as Deputy Prime Minister (1990) was challenged.
- The Supreme Court held it valid and said:
  - The term Deputy Prime Minister is merely illustrative.
  - If the actual part of the oath is constitutional, the designation makes no difference.

Salary and allowances of ministers

The salaries and allowances of ministers are determined by Parliament.
He receives the same salary and allowances as an MP, such as:
- Expenditure allowance, accommodation, travel allowance, health facility etc.
- As amended in 2001:
  - Prime Minister: ₹1500 → ₹3000 per month.
  - Union Minister: ₹1000 → ₹2000 per month.
  - Minister of State: ₹500 → ₹1000 per month.
  - Deputy Minister: ₹300 → ₹600 per month.

Party change and ministerial position

If a Minister is disqualified from membership of the Lok Sabha/Rajya Sabha under the anti-defection law:
- He cannot become a minister from the date of disqualification unless he is re-elected or the term of that House expires.
- According to Article 75(1B), if he is a Rajya Sabha member, he will be required to resign from the ministerial post.

Ministerial responsibility system

The responsibilities of ministers are of three types:

Personal liability (Article 75(2))

Every minister holds office during the pleasure of the President.
The President can remove any minister from office on the advice of the Prime Minister.
If the Prime Minister is dissatisfied with a minister’s performance, he can ask for their resignation. If the minister does not resign, the Prime Minister can have him removed from office by asking the President.
Each minister is personally responsible for the work of his department and the work of his subordinate staff.
This individual responsibility is a complement to collective responsibility.

Collective liability (Article 75(3))

The Council of Ministers is collectively responsible to the Lok Sabha.
If a no-confidence motion is passed in the Lok Sabha, the entire Council of Ministers has to resign, even if a minister is a member of the Rajya Sabha.
It is said like this – “All ministers swim together and sink together.”
The decisions of the Council of Ministers are binding on all ministers. Even if a minister disagrees with a decision, he or she must support it both inside and outside the Lok Sabha.
The Council of Ministers can recommend dissolution of the Lok Sabha, but the President is not bound to accept it.
The decisions of the Council of Ministers are binding on all the ministers.
If a minister does not agree with the decision, he has to resign.
Example:
- Dr. Bhimrao Ambedkar – 1953 (Hindu Code Bill)
- Arif Mohammad Khan – 1986 (Muslim Women Act)
- C.D. Deshmukh: Differences over the reorganisation of states.

Note :According to Dr. Ambedkar: Collective responsibility is possible only through the power of the Prime Minister.

Facts related to the no-confidence motion

No-confidence, confidence, censure and adjournment motions can be brought only in the Lok Sabha.
1979: Morarji Desai resigned before the proposal.
V.P. Singh, Deve Gowda, Atal Bihari Vajpayee (by one vote in 1998) – failed to secure a vote of confidence.
First no-confidence motion – August 1963, by Acharya Kripalani (after the Indo-China war)
Faced the most no-confidence motions Indira Gandhi (15 times) – Jyoti Basu 04 times in a row
Total offers so far – 28 total (by 2023), none passed
Motion against Narendra Modi 2 times (27th, 28th)
- 27th –
  - 20 July 2018 (first term) – Kesineni Srinivas (Telugu Desam Party)
  - Reason: Andhra Pradesh not getting special status
  - 135-330
- 28th –
  - 26 July 2023 (second term) – Gaurav Gogoi (Deputy Leader of the Congress in the Lok Sabha)
  - Reason: Opposition alliance India’s anger over Manipur violence
  - voted down by voice vote

Procedure for moving a no-confidence motion (Lok Sabha Rule 198(1))
- The no-confidence motion is against the entire Council of Ministers, not against any one minister.
- The permission to discuss the no-confidence motion is given by the Lok Sabha itself and not by the Speaker of the Lok Sabha.
- If any member wants to bring a proposal, he informs the Speaker of the Lok Sabha.
- The Speaker moves the motion for the assent of the House.
- If at least 50 members rise, the motion is accepted (previously 30).
- If the proposal is accepted, discussion is mandatory within 10 days.
- Such a motion can be moved only once in a session (Rule 338).
- It is not necessary to give any reason for bringing this proposal.
- After the discussion, the Prime Minister responds and finally voting takes place.

legal responsibility

Ministers in India have no legal responsibility.
This tradition is prevalent in Britain, where the minister signs the king’s orders and the minister is responsible.
The principle in Britain is – “The king cannot be wrong, the minister is wrong.”
In India:
1. There is no legal responsibility for ministers in the Constitution.
2. The signature of the Minister is not necessary on the order of the President.
3. According to Article 74(2), the advice of the Council of Ministers to the President is not subject to judicial review.

No-confidence motion vs. censure motion

Point	Motion of no confidence	Condemnation motion
Base	No reason is required to be given	Required to state the reason or allegation
Permission	Lok Sabha permission required	No permission of the Lok Sabha is required.
Goal	against the entire Council of Ministers	Against a minister, a group or the entire Council of Ministers
Objective	Challenging the collective responsibility of the government	criticize an action or policy
Effect	If passed, the government has to resign.	Symbolic criticism, resignation not necessary

No-confidence motion vs. confidence motion

point	Motion of no confidence	confidence motion
Rule	Rule Under Rule 198 of the Lok Sabha	No specific rule, usually under Rule 184
Language	Negative (“This House has no confidence in the Council of Ministers”)	Affirmative (“This House has confidence in the Council of Ministers”)
Objective	overthrow the government	Showing support for the government
Priority	Less	More (Priority to Government Business as per Rule 25)
Process	Speaker’s permission required, discussion in 10 days	Brought by the government, discussion is assured

History of Confidence Motions in the Lok Sabha

Year	Lok Sabha	Prime Minister	Results
1990	9th	V.P. Singh	Failed to secure a vote of confidence
1996	11th	Atal Bihari Vajpayee	Resigned before the vote of confidence
1997	11th	HD Deve Gowda	Failed to secure a vote of confidence
1998	12th	Atal Bihari Vajpayee	The confidence vote failed by one vote

Constitutional and regulatory provisions

Article 75(3): The Council of Ministers is collectively responsible to the House of the People.
This provision remains in effect until the dissolution of the Lok Sabha (Article 85(2)(b)).
Confidence motion, no-confidence motion, censure motion and adjournment motion can be introduced only in the Lok Sabha.

Composition of the Council of Ministers

There is no formal classification of ministers in the Constitution as Cabinet Ministers, Ministers of State, and Deputy Ministers.

This classification has been adopted informally according to British tradition and administrative convenience.
The classification of ministers received statutory sanction under Section 2 of the 1952 Act.
According to the Rules of Procedure of the Lok Sabha and Rajya Sabha, the term “Minister” includes all types of ministers (Cabinet, State, Deputy, Parliamentary Secretary).
If an MP is disqualified under the Anti-Defection Law (10th Schedule), he cannot remain a minister.
According to Article 75(1B), if a minister is a member of the Rajya Sabha and is disqualified on account of defection, he has to resign from the ministerial post.

The Council of Ministers consists of three categories of ministers:

Cabinet Ministers

They handle the major ministries of the Central Government (Home, Defence, Finance, External Affairs etc.).
They attend cabinet meetings and play an important role in policy making.
Their responsibility lies with the entire Central Government.
Jagjivan Ram had the longest tenure as a cabinet minister – 32 years.
India’s first two-tier Council of Ministers (only Cabinet Ministers and Ministers of State) functioned during the tenure of Morarji Desai (14 August 1977 – 28 July 1979).

Ministers of State

They can be appointed in two ways:

With independent charge: Runs their ministry independently, but is not a member of the cabinet. Attends cabinet meetings only by special invitation.
Assistant: Work under the supervision of a Cabinet Minister, handling their portfolios or performing special tasks.

Deputy Ministers

They are not given any independent ministry.
They assist the Cabinet or State Minister in administrative, political and parliamentary functions.
They are not members of the cabinet, hence they do not attend the meeting.

Other Categories:

Parliamentary Secretaries

Comes in the lowest rank of the Council of Ministers.
This post is not constitutional and it does not have any department.
They assist senior ministers in parliamentary work.
They are appointed by the Prime Minister and he also administers the oath to them.
These are only MPs and they are given the status of Minister of State.
There is no 6 month rule like that of a minister.
According to the 91st Constitutional Amendment (2003), these 15% are not counted towards the limit of the Council of Ministers.
No rights under Article 88.
They do not participate in cabinet or house meetings.
The post of Parliamentary Secretary was created in 1951, the first Parliamentary Secretaries were:- Satish Chandra and S.N. Mishra.
In 1984, Rajiv Gandhi reappointed him as Parliamentary Secretary.
Parliamentary Secretaries are not ministers, so they do not attend the meetings of the Cabinet or the House.

Deputy Prime Minister

This is not a constitutional post.
This post is given for political balance and coalition reasons.
He is not the successor of the Prime Minister, but only a designation.
He is part of the Council of Ministers, but takes oath only as a “Minister”.
The term “Deputy Prime Minister” is only used orally, not in writing.
K.S. Sharma vs. Devi Lal (1990) case –Devi Lal’s use of the term “Deputy Prime Minister” at the swearing-in ceremony of the V.P. Singh government in 1989 was challenged in court. The Supreme Court clarified that the oath was taken in accordance with the Constitution.

Council of Ministers vs. Cabinet

S. No.	Council of Ministers	Cabinet
1	There is a large body consisting of about 60–70 ministers.	There is a smaller body consisting of about 15–20 cabinet ministers.
2	There are three types of ministers: Cabinet Ministers, Ministers of State, and Deputy Ministers.	It consists only of cabinet ministers and is part of the Council of Ministers.
3	It does not attend meetings together, it has no group work.	It is an active body, meeting regularly and working collectively.
4	Powers exist on paper, not actual decision making.	In reality, it exercises the powers of the Council of Ministers.
5	Its functions are determined by the Cabinet.	It gives instructions to the Council of Ministers, which are mandatory for all ministers to follow.
6	It implements the decisions of the Cabinet.	It monitors compliance with decisions after they are taken.
7	It is a constitutional body and is mentioned in Articles 74 and 75.	It was added to Article 352 by the 44th Amendment of 1978. It was not part of the original Constitution.
8	It is collectively responsible to the Lok Sabha.	It enforces collective responsibility of the Council of Ministers.

Key roles of the Cabinet

It is the highest decision making body of the country.
It is a major part of the policy making of the Central Government.
It acts as the chief executive body.
Coordinates between various ministries and departments.
It is an advisory body to the President and the President is bound to accept its advice.
It is the main management body in emergency situations.
Its role is important in the formulation and implementation of legislative and financial policies.
It recommends appointments to constitutional posts and senior administrators.
It governs foreign policy and international affairs.

Ramsay Muir’s critical comment:

He called the cabinet a ‘dictatorial institution’.
In his book How Britain is Governed he wrote:
- “The Cabinet is extremely powerful, which can be called an omnipotent body.”
- “By the force of majority it attains the status of qualified autocracy.
- “The impact is more perfectionistic than the last two generations.”

Interior Cabinet (Kitchen Cabinet):

The inner cabinet is an informal, small group consisting of two to four trusted associates of the Prime Minister.
This may include cabinet ministers as well as personal friends or family members of the Prime Minister.
Key Features:
- This is an informal decision making body.
- It gives political and administrative advice to the Prime Minister.
- In this, there is intense discussion in small groups and decisions are taken quickly.
- It is also used to maintain confidentiality.
- Example: Indira Gandhi’s kitchen cabinet was extremely influential during her tenure. It was called a “circle within a circle.”
Usefulness of kitchen cabinets:
- More efficient in decision making due to smaller group.
- Can conduct meetings quickly and is prompt in execution of work.
- Helps the Prime Minister maintain political secrecy.

Limitations/Demerits of Kitchen Cabinets:
- This reduces the role of the formal cabinet.
- The involvement of outsiders makes the constitutional process unclear.
- There is lack of transparency.

Shadow cabinet

shadow cabinet (Shadow Cabinet) There is an “alternative cabinet” consisting of prominent members of the opposition party.
It is called the “Shadow Cabinet” because it functions parallel to the cabinet of the ruling government.
For each ministry, there is a “shadow minister” in the opposition.
These shadow ministers monitor the work of the relevant minister and discuss alternative proposals.
This system is prevalent in the parliamentary tradition of Britain.
There is no constitutional basis for a shadow cabinet in the Constitution of India or the parliamentary system.