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Prime Minister and Council of Ministers

The Prime Minister and Size of the Council of Ministers, Collective Responsibility etc.

The Prime Minister

  • In the parliamentary system of government, the Prime Minister must have the support of a majority in the Lok Sabha.  So, he/she loses the office if this support of the majority is lost
  • Since 1989, various political parties have come together and formed a coalition that has a majority in the House. A person is appointed PM who is acceptable to most partners of the coalition
  • The Prime Minister assigns ranks to the ministers

Council of Ministers

  1. The Prime Minister decides on the Council of Ministers.
  2. The Ministers are given the ranks of Cabinet Minister, Minister of State or Deputy Minister. 
  3. Similarly, Chief Ministers of the States choose ministers from their own party or coalition. 
  4. Size of the Council of Ministers: 
  5. 91st Amendment Act (2003): The Council of Ministers will not surpass 15% of the complete number of individuals from the House of the People (or Assembly for states).
  6. Before this, the size of the Council of Ministers was decided according to exigencies of time and requirements of the situation. The ministerial berth was used as a temptation to win over the support of the members of the Parliament.
  7. The Prime Minister and all the Ministers must be members of the Parliament. Assuming somebody turns into a minister or Prime Minister without being an MP, such an individual should get elected  for the Parliament inside a half year.

Executive under control and supervision of the legislature: 

  • The Council of Ministers is collectively responsible to the Lok Sabha
  • The Council of Ministers which loses confidence of the Lok Sabha is obliged to resign
  • Collective responsibility: It is based on the principle of the solidarity of the cabinet. It implies that a vote of no confidence even against a single Minister leads to the resignation of the entire Council of Ministers
  • Binding on all Ministers to pursue or agree to a policy: It indicates that if a minister does not agree with a policy or decision of the cabinet, he or she must either accept the decision or resign

Pre-eminent position of Prime Minister

  • Council of Ministers cannot exist without the Prime Minister: The Council comes into existence only after the Prime Minister has taken the oath of office
  • The passing or resignation of the Prime Minister naturally achieves the dissolution of the Council of Ministers, however the demise, dismissal or resignation of a minister just makes a ministerial opportunity
  • It acts as a link between the Council of Ministers on the one hand and the President as well as the Parliament on the other
  • Constitutional obligation on 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
  • The Prime Minister is involved in all crucial decisions of the government and decides on the policies of the government
  • Power employed by the Prime Minister streams from different sources: Control over the Council of Ministers, leadership of the Lok Sabha, command over the bureaucratic machine, access to media, projection of personalities during elections, projection as national leader during international summitry just as unfamiliar visits

Political conditions affecting the power of the Prime Minister

  • Unassailable: Whenever a single political party has secured a majority in the Lok Sabha
  • Weak: Coalition governments sometimes are removed or resigned due to loss of support

Effect of coalition government on the working of the parliamentary executive

  • It has resulted in a growing discretionary role of the President in the selection of Prime Ministers
  • It has required considerably more consultation between political accomplices, prompting erosion of prime ministerial power
  • It has likewise welcomed limitations on different rights of the Prime Minister like selecting priests and appointing their posts and responsibilities
  • Even the policies and programmes of the government cannot be decided by the Prime Minister alone. Policies are outlined later in a great deal of negotiations and compromises among the partners
  • The Prime Minister has to act more as a negotiator than as leader of the government

Parliamentary system at State level:

  • A similar parliamentary executive exists, though with some variations
  • Important variation: Governor of the State is appointed by the President (on the advice of the central government)
  • Though the Chief Minister like the Prime Minister is the leader of the majority party in the Assembly, the Governor has more discretionary powers
  • The main principles of the parliamentary system operate at the State level too

Conclusion

India adheres to a quasi-federal democracy in which Prime Ministers are chosen for, by, and by the people. It is the Prime Minister’s and Cabinet Ministers’ obligation to strive for the welfare of the people and the nation. As a result, the Prime Minister and Cabinet Minister must carry out their duties and obligations with sincerity and honesty.