The executive powers of the President are exercised by the Council of Ministers.
The Constitution provides that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the excercise of his functions”. Here the word “shall” indicates that the President cannot function without the Council of Ministers.
The President is the constitutional head of State, but the real Head of the government is the Prime Minister.
Appointment of the Prime Minister
The Prime Minister is appointed by the President but the President does not have freedom in the selection of the Prime Minister. Normally the President has to invite leader of the majority party to form the government. In case no single party is in clear majority, the President invites the person who is likely to command support of two or more parties which make up majority in the Lok Sabha. Once appointed, the Prime Minister holds office so long as he/she enjoys the support of the majority of members of Lok Sabha.
The Prime Minister is normally leader of the majority party in Lok Sabha. However, there have been cases when a member of Rajya Sabha was made the Prime Minister. This happened when Mrs. Indira Gandhi was first appointed, Prime Minster in 1966, or when I. K. Gujral became Prime Minister in 1997 or when Rajya Sabha member Dr. Manmohan Singh became the Prime Minister in 2004. In 1996 H.D. Deve Gowda was not a member of any House. He later entered the Rajya Sabha. Members of the Council of Ministers are appointed by the President on the advice of the Prime Minister. While selecting the ministers, the Prime Minister the PM keeps in mind that due representation to different regions of the country, to various religious and caste groups.
Council of Ministers
The Council of Ministers consists of two category of ministers. These are: Cabinet Ministers and Ministers of State.
The Cabinet Ministers are usually senior members of the party/ coalition of parties. The Ministers of State come next to Cabinet Ministers. Some of the Ministers of State have independent charge of a department while other Ministers of State only assist the Cabinet Ministers. Sometimes even deputy ministers are also appointed to assist the ministers.
Ministers other than Cabinet Ministers normally do not attend the meetings of the Cabinet. The Prime Minister presides over the meetings of the Cabinet. All policy matters are decided by the Cabinet.
The Prime Minister has the authority to reshuffle the portfolios of the Ministers or even ask for their resignation. In case of resignation or death of the Prime Minister the entire Council of Ministers also goes out of office. This is because the Council of Ministers is created by the Prime Minister, who also heads it. The entire Council of Ministers is responsibility to the Lok Sabha.
In a coalition government, the members of coalition parties have to be given due representation in the Council of Ministers. The Prime Minister decides portfolios of the Ministers, and can alter these at his will. In order to be a Minister, a person has to be a member of either of the two Houses of Parliament.
Even a person who is not a member of any of the two Houses can become a Minister for a period of six months. Within six months the Minister has to get himself/ herself elected to either House of Parliament, failing which he/she ceases to be a Minister. All the Ministers are collectively as well as individually responsible to the Lok Sabha.
Powers and Functions of the Prime Minister
- The Prime Minister is the most important and powerful functionary of the Union Government. The President is head of the government and leader of Lok Sabha.
- The Prime Minister is principal advisor to the President, and the country’s visible face and spokesperson in the international affairs. His/her role is unparalled and the President gives direction to the governance of the country.
- The Prime Minister being the head of the Council of Ministers, selects the Ministers to be sworn in by the President. The Ministers in fact are chosen by the Prime Minister and remain Ministers as long as they enjoy the confidence of the Prime Minister.
- The Prime Minister distributes portfolios among Ministers. The President can change the portfolios as and when he desires. The Prime Minister can drop a Minister or ask for his/her resignation.
- The Prime Minister presides over the meetings of the Cabinet and conducts its proceedings. As head of the Cabinet, he/she largely influences the decisions of the Cabinet. The Prime Minister co-ordinates the working of various ministers.
- The President resolves disagreement if any amongst different Ministers.
- Prime Minister is the link between the President and the Cabinet. The decisions of the Cabinet are conveyed to the President by the Prime Minister. It is he who keeps the President informed of all the policies and decisions of the Government. No Minister can meet the President without the permission of the Prime Minister.
- All important appointments are made by the President on the advice of the Prime Minister. It is on the advice of the Prime Minister that the President summons and prorogues the session of the Parliament and even dissolves the Lok Sabha.
- The Prime Minister is the “principal spokesman” and defender of the policies of the Government in the Parliament. When any Minister is unable to defend his/her actions properly, the Prime Minister comes to the help of that Minister both inside and outside the Parliament.
- The Prime Minister is the leader of the nation. The nation looks to his/her for guidance. At the time of general elections, it is the Prime Minister who seeks mandate of the people.
- The Prime Minister plays an important role in the formulation of domestic and foreign policies. The President represents the country in the world arena, by participating in the international meetings such as NAM, SAARC and United Nations. All international agreements and treaties with other countries are concluded with the consent of the Prime Minister.
- The Prime Minister is the Chief spokesperson of the policies of the country. The Prime Minister has a special status both in the Government and in the Parliament. This makes him/her the most powerful functionary. His/her position and powers depend upon his/her personality.
The Council of Ministers and the Cabinet
The terms Council of Ministers and ‘The Cabinet’ are often used as inter-changeable terms. In reality, they are not. Prior to 44th Amendment of the Constitution, the word ‘Cabinet’ was not mentioned in the Constitution. Let us distinguish between the Council of Ministers and the Cabinet.
The main points of difference are:
- The Council of Ministers Structure of Government consists of all category of Ministers i.e., Cabinet Ministers and Ministers of State. The Cabinet on the other hand consists of Senior Ministers only. Its number varies from 15 to 30 while the entire Council of Ministers can consist of even more than 70.
- The Council of Ministers as a whole rarely meets. The Cabinet on the other hand meets as frequently as possible. It is the Cabinet that determines the policies and programmes of the Government and not the Council of Ministers.
Thus, ‘Cabinet is an inner body within the Council of Ministers’. It acts in the name of the Council of Ministers and exercises all powers on its behalf.
Powers and Functions of the Cabinet
It has enormous powers and manifold responsibilities. All the executive powers of the President are exercised by the Cabinet headed by the Prime Minister. The Cabinet determines and formulates the internal and external policies of the country. It takes all major decisions regarding defence and security of the country. It has also to formulate policies so as to provide better living conditions for the people.
Cabinet has control over national finance. The Cabinet is responsible for whole of the expenditure of the government as well for raising necessary revenues. It is the Cabinet that prepares the text of President’s address to the Parliament. The Cabinet is also responsible for the issuance of Ordinances by the President when the Parliament is not in session.
The sessions of the Parliament are convened by the President on the advice of the Cabinet conveyed through the Prime Minister. The Cabinet prepares the agenda of the sessions of the Parliament.
