The Prime Minister and Council of Ministers (Articles 74-75)

Introduction

The Prime Minister and the Council of Ministers play a crucial role in the governance of India. Articles 74 and 75 of the Indian Constitution outline their powers, functions, and responsibilities. This topic is highly important for competitive exams such as UPSC, SSC, and other government examinations.

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

Key Provisions:

1. The President shall act in accordance with the advice of the Council of Ministers, headed by the Prime Minister.
2. The President may seek reconsideration of the advice, but if the same advice is given again, the President is bound to act accordingly.
3. This article establishes the parliamentary system of government where the real executive power lies with the Prime Minister and the Council of Ministers.

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Article 75: The Prime Minister and the Council of Ministers

Key Provisions:

1. Appointment of the Prime Minister: The President appoints the Prime Minister. Usually, the leader of the majority party in the Lok Sabha is chosen.
2. Appointment of Ministers: The Prime Minister recommends the names of ministers to the President, who then appoints them.
3. Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha. If the Lok Sabha passes a no-confidence motion, the entire Council, including the Prime Minister, must resign.
4. Tenure of Ministers: Ministers hold office during the pleasure of the President. However, they must be members of either house of Parliament within six months of appointment.
5. Oath and Salary: Ministers take an oath administered by the President. Their salaries and allowances are determined by Parliament.

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Structure of the Council of Ministers

1. Cabinet Ministers: Senior-most ministers who head important ministries such as Finance, Defence, Home Affairs, and External Affairs.
2. Ministers of State (Independent Charge): Handle specific ministries independently without being under any Cabinet Minister.
3. Ministers of State: Assist Cabinet Ministers in their respective ministries.
4. Deputy Ministers (Rarely appointed): Assist both Cabinet Ministers and Ministers of State.

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Powers and Functions of the Prime Minister

1. Leader of the Government: The Prime Minister is the head of the Council of Ministers and the leader of the ruling party.
2. Policy Maker: Plays a key role in framing domestic and international policies.
3. Adviser to the President: Advises the President on all matters, including the appointment of officials and dissolution of the Lok Sabha.
4. Chairperson of Cabinet Meetings: Presides over Cabinet meetings and influences decision-making.
5. Spokesperson of the Government: Represents the government in Parliament and the public.

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Dissolution and Removal of Ministers

1. Resignation: The Prime Minister or a Minister may resign voluntarily.
2. No-Confidence Motion: If passed in Lok Sabha, the entire Council of Ministers must resign.
3. Dismissal by the President: The President can dismiss a minister on the recommendation of the Prime Minister.
4. Death or Disqualification: A minister’s tenure ends upon their death or disqualification under constitutional provisions.

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Important Constitutional Amendments Related to Articles 74-75

1. 42nd Amendment (1976): Made it mandatory for the President to act according to the advice of the Council of Ministers.
2. 44th Amendment (1978): Allowed the President to seek reconsideration of advice from the Council of Ministers but made them bound to accept the same advice if reiterated.

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Multiple Choice Questions (MCQs)

1. Who appoints the Prime Minister of India?

a) Chief Justice of India
b) President of India
c) Lok Sabha Speaker
d) Rajya Sabha Chairman
Answer: b) President of India

2. Under which article is the Council of Ministers collectively responsible to the Lok Sabha?

a) Article 74
b) Article 75
c) Article 76
d) Article 77
Answer: b) Article 75

3. What is the tenure of the Council of Ministers?

a) 5 years fixed term
b) Till the pleasure of the President
c) 6 years
d) 10 years
Answer: b) Till the pleasure of the President

4. Who presides over Cabinet meetings?

a) President
b) Lok Sabha Speaker
c) Prime Minister
d) Chief Justice of India
Answer: c) Prime Minister

5. The Prime Minister and Council of Ministers must resign if a no-confidence motion is passed in which house?

a) Rajya Sabha
b) Lok Sabha
c) Supreme Court
d) Legislative Assembly
Answer: b) Lok Sabha

6. The 42nd Amendment made it mandatory for the President to act according to whose advice?

a) Chief Justice of India
b) Parliament
c) Council of Ministers
d) Lok Sabha Speaker
Answer: c) Council of Ministers

7. If a Minister is not a member of either House of Parliament, within how many months must they get elected to continue in office?

a) 3 months
b) 6 months
c) 9 months
d) 12 months
Answer: b) 6 months

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Conclusion

Articles 74 and 75 establish the parliamentary form of government in India, where the real executive authority lies with the Prime Minister and the Council of Ministers. Understanding these provisions is crucial for competitive exams and general awareness about India’s political system.