Council of Ministers and Cabinet Responsibility
~9 min read
- Article 74: Council of Ministers headed by the Prime Minister to aid and advise the President. After 42nd and 44th Amendments, advice is binding on the President.
- Article 75: PM appointed by President; other Ministers appointed on PM's advice. Total ministers cannot exceed 15% of Lok Sabha strength (91st Amendment 2003).
- Responsibility: Collective responsibility - to Lok Sabha; Individual responsibility - to President in office of profit terms.
The real executive of the Union is the Council of Ministers headed by the Prime Minister. CDS/OTA tests Article 74, Article 75, the 91st Amendment (size cap), collective vs individual responsibility, and the special position of the PM.
Article 74 - Aid and Advise
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."
- 42nd Amendment 1976 made the advice binding on the President.
- 44th Amendment 1978 added a proviso - the President may require the Council to reconsider its advice, but if the Council reiterates, the President must act on it.
- Article 74(2): 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 - Appointment and Tenure
- The Prime Minister is appointed by the President; other Ministers are appointed by the President on the advice of the PM.
- 91st Amendment 2003: Total ministers (including PM) shall not exceed 15% of the total strength of the Lok Sabha.
- A minister who is not a member of either House of Parliament for any period of six consecutive months shall cease to be a Minister.
- The ministers hold office during the pleasure of the President (formal); in practice, dependent on Lok Sabha confidence.
- The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
- Ministers' salaries and allowances are determined by Parliament from time to time.
Categories of Ministers
| Rank | Role |
|---|---|
| Cabinet Minister | Holds independent charge of an important ministry; attends Cabinet meetings; key policy decisions |
| Minister of State (Independent Charge) | Holds independent charge of a ministry but is not a Cabinet member; attends Cabinet only when own ministry is being discussed |
| Minister of State | Assists a Cabinet Minister; does not attend Cabinet meetings independently |
| Deputy Minister | Assists a Cabinet Minister or Minister of State (rarely used now) |
The Cabinet is a smaller body within the Council of Ministers consisting of senior ministers holding important portfolios.
Collective and Individual Responsibility
Collective responsibility (Article 75(3)):
- The Council of Ministers as a whole is responsible to the Lok Sabha.
- If a no-confidence motion passes against any minister, the entire Council resigns.
- Once a decision is taken by the Cabinet, every minister must defend it publicly - regardless of personal views (cabinet discipline).
- A minister who cannot accept a cabinet decision must resign.
Individual responsibility (Article 75(2)):
- Ministers hold office during the pleasure of the President.
- The PM can ask the President to dismiss any minister.
- Each minister is personally responsible for the working of his department.
The Prime Minister
Appointment: The leader of the majority party/coalition in the Lok Sabha is invited by the President (Article 75). In the absence of a clear majority, the President exercises discretion.
Powers and functions:
- Recommends names for ministerial appointment.
- Allocates and reshuffles portfolios.
- Chairs Cabinet meetings.
- Chief link between the President and the Council of Ministers (Article 78).
- Chairman of NITI Aayog, National Integration Council, Inter-State Council, etc.
- Advises the President on dissolution of Lok Sabha.
Article 78: Duties of PM - to communicate to the President all decisions of the Council relating to administration and legislation; to furnish information requested by the President; to submit matters for Cabinet consideration if requested by the President.
Lok Sabha or Rajya Sabha: The PM may be a member of either House. Indira Gandhi (1966-67), Manmohan Singh (2004-14), I.K. Gujral (1997-98) and H.D. Deve Gowda (1996-97) were PMs while members of the Rajya Sabha.
CDS/OTA PYQ Examples
Q: Who among the following Prime Ministers of India were defeated by a vote of No Confidence?
1. Morarji Desai 2. Vishwanath Pratap Singh 3. H.D. Deve Gowda 4. Atal Bihari Vajpayee (a) 1, 2, 3 and 4 (b) 1, 2 and 3 only (c) 2, 3 and 4 only (d) 1 and 4 only
Answer: (a) All four lost no-confidence motions in their tenures.
Q: The maximum size of the Council of Ministers including the Prime Minister is limited to:
(a) 10% of the strength of Lok Sabha (b) 15% of the strength of Lok Sabha (c) 20% of the strength of Lok Sabha (d) 25% of the strength of Lok Sabha
Answer: (b) 15% - 91st Amendment 2003.
Q: A non-member of Parliament can be a Minister for a maximum of:
(a) 3 months (b) 6 months (c) 1 year (d) 2 years
Answer: (b) 6 months - Article 75(5).
Q: A Parliamentary Democracy is one where:
1. A balance of popular participation and elite rule takes place 2. The government is responsible to the elected representatives 3. The parliamentarians are delegated the responsibility of thinking and acting on behalf of their constituents (a) 1, 2 and 3 (b) 2 and 3 only (c) 1 and 3 only (d) 2 only
Answer: (a) All three describe parliamentary democracy.
Q: Which Article makes the Council of Ministers collectively responsible to the Lok Sabha?
(a) Article 74 (b) Article 75(2) (c) Article 75(3) (d) Article 78
Answer: (c) Article 75(3).
Q: The Prime Minister of India:
(a) Must be a member of the Lok Sabha (b) Must be a member of the Rajya Sabha (c) Can be a member of either House (d) Need not be a member of any House
Answer: (c) Can be a member of either House.
Drill Council of Ministers and Cabinet Responsibility for CDS/OTA
CDS/OTA-pattern items on Council of Ministers and Cabinet Responsibility with answer keys and explanations.
Start Free Mock TestFrequently Asked Questions
Can a non-elected person become Prime Minister?
Yes - briefly. A non-member can be appointed PM but must become a member of either House within 6 months (Article 75(5)). Indira Gandhi (1966) and Manmohan Singh (2004) were Rajya Sabha members; H.D. Deve Gowda was a Rajya Sabha member in 1996.
Is the advice of the Council binding on the President?
Yes, after the 42nd and 44th Amendments. The President can return advice once for reconsideration; if the Council reiterates, the President must act on it.
What is the difference between the Cabinet and the Council of Ministers?
The Council of Ministers includes all ranks - Cabinet, Ministers of State (Independent Charge), Ministers of State, Deputy Ministers. The Cabinet is the smaller inner group of senior ministers holding important portfolios.
What is collective responsibility?
Once a Cabinet decision is taken, every minister must publicly support it - even ministers who dissented in the meeting. If a no-confidence motion passes against any minister or the PM, the entire Council resigns.
Can the President dismiss a Minister?
Formally yes - 'ministers hold office during the pleasure of the President'. In practice, the President acts on the PM's advice. Direct dismissal by the President without PM's advice would be unconstitutional.