Prime Minister and Council of Ministers: Notes, Articles and PYQs
The Prime Minister and the Union Council of Ministers explained: Articles 74–78, appointment, the 15% cap, collective responsibility, the Cabinet and PM firsts.
By GK24 Editorial Team· Published · 6 min read
The President is the head of the State; the Prime Minister is the head of the government, and that is where real executive power lies in India. The Prime Minister chooses the ministers, chairs the Cabinet, leads the majority in the Lok Sabha and speaks for the country abroad. Dr B.R. Ambedkar put it plainly: if any functionary under our Constitution is to be compared with the President of the United States, it is the Prime Minister, not the President of the Union. Exams ask about the Articles behind this office, the rules on the size and responsibility of the ministry, and the records of past Prime Ministers.
The Articles to know
| Article | What it says |
|---|---|
| 74 | A Council of Ministers with the Prime Minister at its head shall aid and advise the President; no court can inquire into what advice was given |
| 75 | The PM is appointed by the President and other ministers on the PM's advice; the 15% cap on the size of the ministry; collective responsibility to the Lok Sabha; the oath; the six-month rule; salaries |
| 77 | All executive action of the Government of India is taken in the name of the President |
| 78 | The PM must communicate the Council's decisions to the President and give any information the President asks for |
| 88 | Every minister can speak in both Houses, but can vote only in the House of which they are a member |
| 352 | The only Article that uses the word "Cabinet", inserted by the 44th Amendment (1978) |
How the Prime Minister is appointed
- The President appoints the Prime Minister (Article 75). By convention the President invites the leader of the majority party or coalition in the Lok Sabha. When no party has a clear majority, the President uses discretion and may ask the person appointed to prove a majority on the floor of the House.
- The Prime Minister can be a member of either House. Indira Gandhi (1966) and Manmohan Singh (2004) were members of the Rajya Sabha when they became Prime Minister.
- A person who is not a member of Parliament can be appointed, but must become one within six months (Article 75(5)). P.V. Narasimha Rao became Prime Minister in 1991 this way and then won a Lok Sabha by-election; H.D. Deve Gowda, Chief Minister of Karnataka when he became Prime Minister in 1996, then entered the Rajya Sabha.
- The President administers the oaths of office and secrecy. The term is not fixed: the Prime Minister stays in office as long as the government keeps the confidence of the Lok Sabha.
The Council of Ministers and the Cabinet
The Council of Ministers has three ranks: Cabinet Ministers, who head the most important ministries; Ministers of State, who either hold independent charge of a ministry or assist a Cabinet Minister; and Deputy Ministers, who assist the others.
The 15% cap: the 91st Amendment Act, 2003 limited the total number of ministers, including the Prime Minister, to 15% of the total strength of the Lok Sabha. It also barred a member disqualified for defection from being appointed a minister. In the States the same cap applies to the Assembly, with a minimum of 12 ministers.
| Council of Ministers | Cabinet |
|---|---|
| A larger body of all three ranks | A smaller body of Cabinet Ministers only |
| Rarely meets as a whole | Meets regularly and takes the key decisions |
| Created by Articles 74 and 75 | Named in the Constitution only in Article 352, since 1978 |
| Collectively responsible to the Lok Sabha | Enforces that collective responsibility on the whole Council |
Responsibility to the Lok Sabha
- Collective responsibility (Article 75(3)): the Council of Ministers is collectively responsible to the Lok Sabha. Ministers sink or swim together: if the Lok Sabha passes a no-confidence motion, the whole Council, including ministers from the Rajya Sabha, must resign.
- Individual responsibility: ministers hold office during the pleasure of the President, which in practice means the Prime Minister can ask any minister to resign.
- No legal responsibility: unlike in Britain, no minister has to countersign the President's orders, and under Article 74(2) courts cannot ask what advice the ministers gave.
A no-confidence motion can be moved only in the Lok Sabha, needs the support of 50 members and need not give reasons. The first was moved in 1963 against Jawaharlal Nehru's government by Acharya J.B. Kripalani. Governments have also fallen on confidence votes they moved themselves, such as Atal Bihari Vajpayee's in 1999, lost by a single vote.
Exam trap: the Council of Ministers is responsible to the Lok Sabha, not to Parliament as a whole and not to the President. And the 15% cap counts the Prime Minister too, and is calculated on the Lok Sabha alone, not on both Houses.
What the Prime Minister does
| In relation to | Role |
|---|---|
| The Council of Ministers | Recommends who becomes a minister, allocates portfolios, chairs meetings and can ask a minister to resign. The PM's resignation or death dissolves the whole Council |
| The President | The main channel of communication (Article 78); advises on appointments such as the Attorney General, the CAG and the Election Commissioners |
| Parliament | Leader of the Lok Sabha when a member of it; advises the President on summoning and proroguing sessions, and can recommend dissolving the Lok Sabha |
| Other bodies | Chairs NITI Aayog, the National Disaster Management Authority, the Inter-State Council and the National Integration Council |
Lord Morley called the British Prime Minister "first among equals" (primus inter pares) and the "keystone of the cabinet arch"; Ivor Jennings compared the office to "a sun around which planets revolve". Both descriptions are used for India's Prime Minister too. The post of Deputy Prime Minister is not mentioned in the Constitution; Sardar Vallabhbhai Patel was the first to hold it.
Prime Ministers: firsts and records
| Prime Minister | Why remembered |
|---|---|
| Jawaharlal Nehru | First Prime Minister (1947–64) and the longest-serving; died in office |
| Gulzarilal Nanda | Acting Prime Minister twice, in 1964 and 1966 |
| Lal Bahadur Shastri | Died in office at Tashkent (1966) |
| Indira Gandhi | First and so far only woman Prime Minister (from 1966) |
| Morarji Desai | First non-Congress Prime Minister (1977), and the oldest at 81 |
| Charan Singh | The only Prime Minister who never faced Parliament while in office (1979) |
| Rajiv Gandhi | Youngest Prime Minister, at 40 (1984) |
| Narendra Modi | Prime Minister since 2014; in 2024 the first since Nehru to begin a third consecutive term |
Revise in one minute
- Article 74: Council of Ministers aids and advises the President. Article 75: appointment, 15% cap, collective responsibility, six-month rule. Article 77: action in the President's name. Article 78: the PM's duties towards the President.
- 91st Amendment, 2003: ministers, including the PM, cannot exceed 15% of the Lok Sabha's strength; defectors cannot be ministers.
- Collective responsibility is to the Lok Sabha; a no-confidence motion needs 50 members and can be moved only there.
- "Cabinet" appears only in Article 352, since the 44th Amendment.
- The PM can be from either House; a non-member must be elected within six months.
- The PM chairs NITI Aayog and the NDMA. First PM: Nehru; first non-Congress PM: Morarji Desai; first Deputy PM: Sardar Patel.
Exam Point of View
The favourites are Article 74 and Article 75, the 15% cap and the amendment behind it (91st, 2003), collective responsibility to the Lok Sabha, the six-month rule for non-members, and Article 78. Expect also the difference between the Cabinet and the Council of Ministers, the bodies the Prime Minister chairs, such as NITI Aayog, and records: the first Prime Minister, the first non-Congress Prime Minister, the acting Prime Minister and the first Deputy Prime Minister.
Important Facts
| Council of Ministers to aid and advise the President | Article 74 |
|---|---|
| Appointment of the PM and ministers | Article 75 |
| Size of the Council of Ministers | At most 15% of the Lok Sabha's total strength, including the PM (91st Amendment, 2003) |
| Collectively responsible to | The Lok Sabha (Article 75(3)) |
| Non-member as minister | Must become an MP within six months (Article 75(5)) |
| Executive action in the name of | The President (Article 77) |
| Duties of the PM towards the President | Article 78 |
| Only mention of the word Cabinet | Article 352 (44th Amendment, 1978) |
| No-confidence motion | Only in the Lok Sabha; needs 50 members |
| First no-confidence motion | 1963, against Nehru's government, moved by J.B. Kripalani |
| First Prime Minister | Jawaharlal Nehru |
| First non-Congress Prime Minister | Morarji Desai (1977) |
| Acting Prime Minister twice | Gulzarilal Nanda |
| First Deputy Prime Minister | Sardar Vallabhbhai Patel |
| Chairperson of NITI Aayog | The Prime Minister |
Practice MCQs on this topic
Article 74 of the Constitution elaborates on which of the following?
- A.Appointment of Chief Justice by President
- B.Appointment of Vice President by President
- C.Council of Ministers to aid and advise President
- D.Appointment of Chairman of Finance Commission
Show answer
Article 74(1) says there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, who shall act in accordance with that advice.
Read the full explanation →The Prime Minister and the other Ministers of the Indian Union are appointed by the President under ______ of the Constitution of India.
- A.Article 70
- B.Article 79
- C.Article 75
- D.Article 85
Show answer
Article 75(1) says the Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister.
Read the full explanation →Article 77 of the Indian Constitution deals with the ________.
- A.term of office of the Vice-President
- B.Vice-President of India
- C.oath of office by the Vice-President
- D.conduct of business of the Government of India
Show answer
Article 77 says all executive action of the Government of India shall be expressed to be taken in the name of the President, and that the President shall make rules for the more convenient transaction of the government's business and for allocating it among ministers.
Read the full explanation →Which of the following is dealt in Article 78 of the Constitution?
- A.President's power to send advisory messages to the Parliament
- B.Emergency powers of the President
- C.President's power to get information from the Council of Ministers
- D.Prime Minister's duty regarding keeping the President informed about the government's decisions and policies
Show answer
Article 78 makes it the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the Union and proposals for legislation; to furnish such information about them as the President may call for; and, if the President so…
Read the full explanation →For how long a person can serve as a minister without being a member of either House of Parliament of India?
- A.6 consecutive months
- B.3 consecutive months
- C.12 consecutive months
- D.2 consecutive month
Show answer
Article 75(5) says a minister who for any period of six consecutive months is not a member of either House of Parliament shall, at the end of that period, cease to be a minister.
Read the full explanation →Who administers the oath of office and secrecy to the Union Ministers under Article 75(4) of the Constitution of India?
- A.Chief Justice of India
- B.Prime Minister
- C.Vice President
- D.President of India
Show answer
Article 75(4) says that before a minister enters office, the President shall administer to him or her the oaths of office and of secrecy according to the forms set out in the Third Schedule.
Read the full explanation →What is the main difference between a Cabinet Minister and a Minister of State with independent charge?
- A.A Ministry of State is included in Cabinet meetings but does not exercise any significant powers.
- B.A Minister of State with independent charge may head a ministry without being under a Cabinet Minister.
- C.A Minister of State with independent charge does not exercise any significant powers.
- D.A Minister of State with independent charge does not hold any specific responsibilities.
Show answer
The Council of Ministers has three ranks. Cabinet Ministers head the most important ministries and sit in the Cabinet.
Read the full explanation →Which one of the following Amendments to the Constitution of India has prescribed that the Council of Ministers shall not exceed 15 percent of total number of members of the House of the People or Legislative Assembly in the States?
- A.91st Amendment
- B.87th Amendment
- C.97th Amendment
- D.90th Amendment
Show answer
The 91st Amendment Act, 2003 inserted Article 75(1A), which says the total number of ministers, including the Prime Minister, in the Union Council of Ministers shall not exceed 15% of the total number of members of the Lok Sabha, and Article 164(1A), which applies the same limit to the States…
Read the full explanation →Which Constitutional Amendment explicitly inserted the term 'Cabinet' into the Indian Constitution in the context of Article 352?
- A.42nd Constitutional Amendment Act, 1976
- B.43rd Constitutional Amendment Act, 1977
- C.44th Constitutional Amendment Act, 1978
- D.45th Constitutional Amendment Act, 1980
Show answer
The word "Cabinet" did not appear anywhere in the original Constitution, which speaks only of the Council of Ministers.
Read the full explanation →As per Article ________ of the Indian Constitution, the Council of Ministers are collectively responsible to the Lok Sabha.
- A.75(3)
- B.74(1)
- C.73(2)
- D.72(1)
Show answer
Article 75(3) says the Council of Ministers shall be collectively responsible to the House of the People, the Lok Sabha.
Read the full explanation →A motion of no-confidence is moved against
- A.An individual Minister.
- B.The Council of Ministers.
- C.The Prime Minister.
- D.A political party.
Show answer
A no-confidence motion tests whether the government still has the support of the Lok Sabha, and because the Council of Ministers is collectively responsible to that House under Article 75(3), the motion is moved against the Council as a whole, never against a single minister.
Read the full explanation →Who is the Ex-officio Chairman of NITI Aayog?
- A.President
- B.Prime Minister
- C.Home Minister
- D.Finance Minister
Show answer
NITI Aayog, the National Institution for Transforming India, was set up on 1 January 2015 by a resolution of the Union Cabinet to replace the Planning Commission, which had existed since 1950.
Read the full explanation →Who among the following became the acting Prime Minister of India after the death of Jawaharlal Nehru?
- A.Indira Gandhi
- B.Gulzarilal Nanda
- C.Morarji Desai
- D.Zakir Hussain
Show answer
When Jawaharlal Nehru died on 27 May 1964, Gulzarilal Nanda, the senior-most minister, was sworn in as acting Prime Minister and held office for about two weeks until the Congress party chose Lal Bahadur Shastri.
Read the full explanation →Which Prime Minister is the only one to have received both India's Bharat Ratna and Pakistan's Nishan-e-Pakistan awards?
- A.Atal Bihari Vajpayee
- B.Morarji Desai
- C.P. V. Narasimha Rao
- D.Lal Bahadur Shastri
Show answer
Pakistan conferred its highest civilian award, the Nishan-e-Pakistan, on Morarji Desai in 1990, and India awarded him the Bharat Ratna in 1991.
Read the full explanation →After Independence, ________ became India’s first Deputy Prime Minister.
- A.Sardar Vallabhai Patel
- B.Charan Singh
- C.Jagjivan Ram
- D.Morarji Desai
Show answer
Sardar Vallabhbhai Patel was India's first Deputy Prime Minister and Home Minister, from 1947 until his death in 1950.
Read the full explanation →Frequently Asked Questions
Who appoints the Prime Minister of India?
The President, under Article 75. By convention the President appoints the leader of the party or coalition that has a majority in the Lok Sabha, and appoints the other ministers on the Prime Minister's advice.
What is the maximum size of the Union Council of Ministers?
The total number of ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha. The limit was added by the 91st Amendment Act, 2003.
To whom is the Council of Ministers collectively responsible?
To the Lok Sabha, under Article 75(3). If the Lok Sabha passes a no-confidence motion, the entire Council of Ministers, including ministers from the Rajya Sabha, must resign.
Can a person who is not an MP become Prime Minister?
Yes, but he or she must become a member of either House of Parliament within six months, as P.V. Narasimha Rao did in 1991. Otherwise the person ceases to hold office.
What is the difference between the Cabinet and the Council of Ministers?
The Council of Ministers includes Cabinet Ministers, Ministers of State and Deputy Ministers and rarely meets as a whole. The Cabinet is a smaller body of Cabinet Ministers that meets regularly and takes the main decisions. The Constitution names the Cabinet only in Article 352.
Sources
- The Constitution of India — Legislative Department, Ministry of Law and Justice
- Indian Constitution at Work (Class XI), Chapter 4: Executive — NCERT
