Indian Polity — The Executive in India
1. Introduction
- In India's parliamentary system, executive power is divided between the Union and State governments.
- The Prime Minister and Chief Minister, along with their respective Councils of Ministers, hold real executive authority, shaping national and state policies.
ARTICLES RELATED TO PM AND CM
| Prime Minister (Articles) | Chief Minister (Articles) |
|---|---|
|
- 74: Council of Ministers advises the President - 75: Provisions for Minister appointment and conduct - 77: Business conduct of the Government of India - 78: PM's duties for providing information to the President - 88: Rights of Ministers concerning the Houses |
- 163: Council of Ministers aids and advises the Governor - 164: Provisions for Minister appointment by the Governor - 167: CM's duties to inform the Governor about Council decisions - 169: Power to legislate for the composition of the Legislative Council |
2. Constitutional Provisions of PM and CM
| Parameters | Prime Minister (PM) | Chief Minister (CM) |
|---|---|---|
| Appointment & Oath | Article 75: The Prime Minister shall be appointed by the President. | Article 164: The Chief Minister shall be appointed by the Governor. |
| Appointment Procedure |
- No specific procedure in the Constitution. By convention, the leader of the majority party is appointed PM/CM. - Discretion in Case of No Majority: If no clear majority, the President/Governor may use personal discretion to appoint PM/CM. The PM/CM must secure a vote of confidence within a month. - Death of PM/CM: In case of sudden death and no successor, the President/Governor uses individual judgement to appoint a successor. - Eligibility: PM/CM can be from either House of Parliament/State Legislature. Non-members can be appointed but must be elected within six months. [UPSC 2012] |
|
| Oath Administration | President administers oaths of office and secrecy. | Governor administers oaths of office and secrecy. |
| Term | Not fixed, holds office during the pleasure of the President. | Not fixed, holds office during the pleasure of the Governor. |
| Salary | Determined by Parliament. | Determined by the State legislature. |
📝 UPSC Previous Year Questions:
- UPSC Prelims 2012: The Prime Minister of India, at the time of appointment, need not necessarily be a member of Parliament but must become a member within six months. Answer: True.
3. Powers and Functions
PM/CM Role in Council of Ministers
- Recommends ministerial appointments.
- Allocates/reshuffles portfolios.
- Can ask a minister to resign or advise dismissal.
- Presides over CoM meetings and influences decisions.
- Resignation of PM/CM can collapse the CoM.
- Impact of PM/CM Resignation or Death: Resignation or death of PM/CM dissolves CoM.
With Parliament / State Legislature
- Advises President/Governor on summoning/proroguing sessions.
- Can recommend dissolution of Lok Sabha / State Legislative Assembly.
- Announces government policies in the House.
Other Roles of PM
- Chairman of NITI Aayog, National Integration Council, Inter-State Council, National Water Resources Council, and other councils.
- Shapes foreign policy, chief government spokesperson, crisis manager, and leader of the ruling party.
Other Roles of CM
- Chairman of the State Planning Board.
- Vice-chairman of Zonal Council (rotational), member of Inter-State Council and NITI Aayog.
- Spokesperson, crisis manager, and political head of state services.
Relations with Nominal Head
PM with the President
- Article 74: PM heads the Council of Ministers (CoM) to aid and advise the President. The President may ask for reconsideration but must follow final advice.
- Article 75:
- PM appointed by the President; other ministers appointed on PM's advice.
- Ministers hold office at the pleasure of the President.
- CoM is collectively responsible to the Lok Sabha.
- Article 78: PM's duties include:
- Communicating CoM decisions and legislative proposals to the President.
- Submitting matters for CoM consideration upon the President's request.
- Others: Advises President on appointments of key officials (Attorney General, CAG, UPSC, Election Commissioners, etc.).
CM with the Governor
- Article 163: CoM aids and advises the Governor. The Governor's discretion is final in ambiguous matters.
- Article 164: CM appointed by the Governor; other ministers appointed on CM's advice.
- Article 167: CM's duties:
- Communicating CoM decisions to the Governor.
- Furnishing information on legislative proposals.
ROLE OF PRIME MINISTER BY SCHOLARS
- Sir William Vernor Harcourt: PM as a "moon among lesser stars".
- Ivor Jennings: PM is the "sun around which planets revolve".
- Lord Morley: PM is "primus inter pares" and the "keystone of the cabinet arch".
- Herbert Morrison: PM is "primus inter pares", with a stronger role.
- R.H. Crossman: Cabinet government turned into "Prime Ministerial government".
- Humphrey Berkeley: PM holds "super-ministerial powers", risking democracy.
- Dr. B.R. Ambedkar: PM's role surpasses the President, akin to U.S. President.
4. The Prime Minister's Office (PMO)
- The PMO supports the PM in managing the Government of India and executing constitutional, executive, and administrative responsibilities.
- Tasked with coordinating operations of various departments and ministries, offering counsel on policy and administrative matters.
- Led by the Principal Secretary, with senior officials assisting the PM.
Departments Under PMO
- Department of Atomic Energy (DAE)
- Department of Space (DoS)
- National Security Council (NSC)
5. Prime Minister's Funds
| Fund | Description |
|---|---|
| Prime Minister's National Relief Fund (PMNRF) |
- Established in 1948 by Jawaharlal Nehru for displaced people. - Now focuses on aiding families affected by natural disasters and reimbursing medical expenses. - Donations are 100% tax-deductible under section 80G of the Income Tax Act, 1961. |
| National Defence Fund |
- Established in 1962 post-Sino-Indian War. - Chaired by the Prime Minister. - Reliant on public voluntary contributions. - Contributions are 100% tax-deductible under section 80G of the Income Tax Act, 1961. |
| PM Cares Fund |
- Created in March 2020 by PM Narendra Modi in response to the COVID-19 pandemic. - Addresses various emergency situations. |
6. Facts About Indian Prime Ministers
| Fact | Details |
|---|---|
| Longest-serving | Jawaharlal Nehru (1947 – 1964) |
| Second longest-serving | Indira Gandhi |
| First non-Congress PM | Morarji Desai |
| First Indian PM awarded Pakistan's highest civilian award | Morarji Desai |
| Youngest Indian PM | Rajiv Gandhi |
| First PM from South India | P.V. Narasimha Rao |
| First PM who was a member of the Rajya Sabha | Indira Gandhi |
| Twice Acting Prime Minister | Gulzari Lal Nanda |
Chief Ministers who later became Prime Ministers
| Chief Minister | State | Became Prime Minister |
|---|---|---|
| Morarji Desai | Bombay (1952–56) | March 1977 (First non-Congress PM) |
| Charan Singh | Uttar Pradesh (1967–68, 1970) | July 1979 |
| V.P. Singh | Uttar Pradesh | December 1989 (National Front government) |
| P.V. Narasimha Rao | Andhra Pradesh (1971–73) | June 1991 |
| H.D. Deve Gowda | Karnataka | June 1996 (United Front government) |
| Narendra Modi | Gujarat (2001–2014) | May 2014 |
7. Union and State Council of Ministers
- Historical Context: The portfolio system was initiated by Lord Canning in the Indian Councils Act of 1861.
- In the United Kingdom, the Council of Ministers is a convention-based executive, while in India, it is codified in the Constitution.
Constitutional Provisions
- Article 74: Council of Ministers aids and advises the President. The President can request reconsideration, but binding advice follows.
- Article 163: State CoM aids and advises the Governor. The Governor's discretion is final in ambiguous matters.
- 91st CAA, 2003:
- Total no. of ministers, including PM/CM should not be more than 15% of total strength of Lok Sabha/State Legislative Assembly. [UPSC 2022]
- The number of ministers in the state legislature, including the CM, in a state shall not be less than 12.
- A member who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
- Article 88: Every Minister has the right to speak and take part in proceedings of both the Houses but can only vote where he is a member.
- Article 177: A minister who is a member of one House of the state legislature has the right to speak and to take part in the proceedings of the other House. But he can vote only in the House of which he is a member.
- Person not a member of any house of Parliament can become minister maximum for a duration of six months. [UPSC 2020]
📝 UPSC Previous Year Questions:
- UPSC Prelims 2022: Total no. of ministers should not be more than 15% of total strength of Lok Sabha (91st CAA, 2003). Answer: True.
- UPSC Prelims 2020: A person not a member of Parliament can become minister for a maximum of six months. Answer: True.
Comparison: Union Council of Ministers vs State Council of Ministers
| Criteria | Union Council of Ministers (UCoM) | State Council of Ministers (SCoM) |
|---|---|---|
| Definition | The executive body at the national level, advising the President of India. | The executive body at the state level, advising the Governor. |
| Constitutional Basis | Articles 74 and 75 | Articles 163 and 164 |
| Head | Prime Minister (PM) | Chief Minister (CM) |
| Appointment | PM appointed by the President; other ministers on PM's advice | CM appointed by the Governor; other ministers on CM's advice |
| Oath of Office | Administered by the President | Administered by the Governor |
| Salary | Determined by Parliament | Determined by the State Legislature |
| Tenure | Ministers hold office during the President's pleasure | Ministers hold office during the Governor's pleasure |
| Collective Responsibility | Responsible to the Lok Sabha | Responsible to the State Legislative Assembly |
| Size | Not more than 15% of total strength of Lok Sabha | Minimum 12; not more than 15% of total strength |
| Composition | Cabinet Ministers, Ministers of State, Deputy Ministers | Cabinet Ministers and Ministers of State |
| Discretion | President acts on CoM's advice | Governor can exercise discretion on certain matters |
| Judicial Review | Advice tendered is not subject to court inquiry | |
| Rights of Ministers | Can speak in both Houses, vote only in their House | Similar rights as UCoM regarding legislative participation |
8. Collective vs Individual Responsibility
- Both councils operate on collective responsibility, meaning they work as a team and resign upon a no-confidence motion. [UPSC 2018]
- Individual responsibility allows the President or Governor to remove ministers on the advice of the PM or CM, even amidst legislative confidence.
📝 UPSC Previous Year Questions:
- UPSC Prelims 2018: Collective responsibility means the Council of Ministers works as a team and resigns upon a no-confidence motion. Answer: True.
9. Cabinet and Kitchen Cabinet
- The cabinet, a smaller body defined in the 44th CAA, 1978, consists of 15-20 ministers and meets frequently for decision-making. [UPSC 2013]
- The kitchen cabinet is an informal group of the PM and trusted colleagues, serving as the inner circle for key discussions. Phenomenon of 'kitchen cabinets' is not unique to India; it also exists in the USA and Britain.
📝 UPSC Previous Year Questions:
- UPSC Prelims 2013: The cabinet consists of 15-20 ministers and meets frequently for decision-making. Answer: True.
10. Summary: Executive in India at a Glance
| Aspect | Prime Minister | Chief Minister |
|---|---|---|
| Constitutional Articles | 74, 75, 77, 78, 88 | 163, 164, 167, 169 |
| Appointed By | President | Governor |
| Oath Administered By | President | Governor |
| Responsible To | Lok Sabha | State Legislative Assembly |
| Salary Determined By | Parliament | State Legislature |
| Non-Member Eligibility | Can be appointed but must be elected within six months [UPSC 2012] | |
| 91st CAA, 2003 | Ministers not more than 15% of total strength [UPSC 2022] | |
Key Takeaways for UPSC
- PM Articles: 74, 75, 77, 78, 88 | CM Articles: 163, 164, 167, 169
- PM/CM: Appointed by President/Governor; oath administered by President/Governor
- Article 75: PM appointed by President; other ministers on PM's advice
- Article 164: CM appointed by Governor; other ministers on CM's advice
- Non-Member Eligibility: Must be elected within 6 months [UPSC 2012]
- 91st CAA, 2003: Ministers not more than 15% of total strength [UPSC 2022]; minimum 12 in state
- Article 88/177: Ministers can speak in both Houses, vote only in their House
- Collective Responsibility: CoM works as a team; resigns on no-confidence motion [UPSC 2018]
- PM Funds: PMNRF (1948), National Defence Fund (1962), PM Cares (2020)
- Scholars: Ivor Jennings — PM is "sun around which planets revolve"; R.H. Crossman — "Prime Ministerial government"
High-Yield Interactive UPSC Quiz (Executive in India)
Q1. The Prime Minister is appointed by the President under which Article?
Correct Answer: B. Article 75 provides that the Prime Minister shall be appointed by the President and other ministers on the Prime Minister's advice.
Q2. The Chief Minister is appointed by the Governor under which Article?
Correct Answer: B. Article 164 provides that the Chief Minister shall be appointed by the Governor and other ministers on the Chief Minister's advice.
Q3. A non-member of Parliament can be appointed as Prime Minister but must become a member within:
Correct Answer: B. A non-member of Parliament can be appointed as Prime Minister but must become a member of either House within six months. [UPSC 2012]
Q4. The 91st Constitutional Amendment Act, 2003 limits the size of the Council of Ministers to:
Correct Answer: B. The 91st CAA, 2003 limits the total number of ministers, including PM/CM, to not more than 15% of the total strength of the Lok Sabha/State Legislative Assembly. [UPSC 2022]
Q5. The Prime Minister's National Relief Fund (PMNRF) was established in which year?
Correct Answer: B. The Prime Minister's National Relief Fund (PMNRF) was established in 1948 by Jawaharlal Nehru for displaced people.
Q6. Who described the Prime Minister as the "sun around which planets revolve"?
Correct Answer: B. Ivor Jennings described the Prime Minister as the "sun around which planets revolve".
Q7. Which Article provides that Ministers can speak in both Houses of Parliament but can vote only in the House they belong to?
Correct Answer: C. Article 88 provides that every Minister has the right to speak and take part in proceedings of both Houses but can only vote where he is a member.
Q8. The National Defence Fund was established post which war?
Correct Answer: B. The National Defence Fund was established in 1962 post the Sino-Indian War and is chaired by the Prime Minister.
Q9. The PM Cares Fund was created in response to:
Correct Answer: C. The PM Cares Fund was created in March 2020 by PM Narendra Modi in response to the COVID-19 pandemic.
Q10. Which scholar described the phenomenon of "Prime Ministerial government"?
Correct Answer: B. R.H. Crossman described that cabinet government had turned into "Prime Ministerial government".