The Prime Minister and Council of Ministers

In a parliamentary system of government, the Prime Minister (PM) is the head of government and typically the leader of the majority party in the legislative body. The Council of Ministers, often composed of various government ministers, assists the PM in the administration and decision-making process. 

Prime Minister’s Office: Role of the Council of Ministers

• Central Role: In any discussion related to Indian politics, the Prime Minister’s position takes center stage. 
• Prime Minister’s Leadership: This prominence arises because the President exercises powers based on the Council of Ministers’ advice, which the Prime Minister heads.

Appointment and Role of the Prime Minister: Insights into the Council of Ministers

• Appointment: The leader with the majority’s support is appointed as Prime Minister by the President.
• Tenure: The Prime Minister does not have a fixed tenure and continues in power as long as he remains the leader of the majority party or coalition.
• Council of Ministers: The Prime Minister decides the Council of Ministers’ composition, assigns ranks and distributes portfolios.
  • Their choices include cabinet ministers, ministers of state, or deputy ministers.
• Membership of Parliament: It’s essential for the Prime Minister and ministers to be Members of Parliament.
• Election Within Six Months: If someone assumes these roles without being an MP, they must secure a seat in the Parliament within six months.
• Swiss System: Some members of the Constituent Assembly believed ministers should be elected by the legislature, drawing parallels with the Swiss system. 
• • They felt this approach would ensure comprehensive representation.

Powers of the Prime Minister & the Role of the Council of Ministers

• Not Mentioned: The Constitution does not specify much about the powers of the Prime Minister, ministers, or their relationships.
• Extensive Powers: However, as the head of the government, the Prime Minister has wide-ranging powers:
  • Constitutionally, the PM must communicate all Council decisions to the President.
  • The Prime Minister chairs the Cabinet meetings.
  • He coordinates the work of different Departments.
  • In case of disagreements arising between Departments, his decisions are final.
  • The Prime Minister exercises general supervision over different ministries.
  • All ministers work under the leadership of the Prime Minister.
  • He has the authority to distribute and redistribute work among the ministers.
  • The Prime Minister has the power to dismiss ministers.
  • When the Prime Minister resigns, the entire ministry also resigns.
• Most Powerful: The Prime Minister is the most powerful figure within the Cabinet and in all parliamentary democracies worldwide, leading the Council of Ministers in shaping government policies and decisions.
  • Pandit Nehru aptly called the PM ‘the linchpin of Government’.
• Prime Ministerial Form of Government: This concentration of power has sometimes led to parliamentary democracies being seen as Prime Ministerial forms of government.
• Influence of Political Parties and Media: The role of political parties, the media portraying politics and elections as a competition between top leaders, and the personalities of the individuals holding the position, have contributed to this concentration of power.

Understanding the Role of Council of Ministers in Prime Minister’s Power Dynamics

• Sources of Influence: The Prime Minister’s influence springs from various sources, including control over the Council of Ministers, leadership in the Lok Sabha, bureaucratic control, media access, and national and international stature. 
  • However, actual power usage depends on political scenarios.
• Lok Sabha Leadership: The PM’s position is formidable with a clear majority in the Lok Sabha.
  • Coalition governments since 1989 changed this dynamic.
• Coalitions have:

• Amplified the President’s discretionary role in PM selection.

• Eroded PM’s authority due to increased coalition consultations.

• Restrained the PM’s prerogative in ministerial appointments.

• Made policy-making a collaborative effort, casting the PM more as a negotiator.

Understanding the Council of Ministers: Size, Roles, and Parliamentary Control

• The Council of Ministers is the official name for the body that includes all the Ministers.

• Size of CoM: Before the 91st Amendment Act (2003), the Council’s size was flexible.

• • This flexibility sometimes led to inflated Council sizes, especially during uncertain majority scenarios in Parliament and many States.
• 91st Amendment Act: The 91st Amendment Act established a rule, the Council should not exceed 15% of the total members of the House of the People (or Assembly for States).
  • It usually has 60 to 80 Ministers of different ranks:

• Different Ranks:

• • Cabinet Ministers: They are usually top-level leaders of the ruling party or parties who are in charge of the major ministries. 
    • Usually, the Cabinet Ministers meet to take decisions in the name of the Council of Ministers.
  • Ministers of State with Independent Charge: They are usually in charge of smaller Ministries. They participate in the Cabinet meetings only when specially invited.
  • Ministers of State: They are attached to and required to assist Cabinet Ministers.
• Parliament’s Control Over the Executive: The essential feature of the parliamentary executive is its consistent oversight by the legislature.
• Collective Responsibility: The Council’s collective responsibility to the Lok Sabha underscores that it operates as Parliament’s executive committee.
  • Losing the Lok Sabha’s confidence compels a ministry to resign.

• • This tenet dictates that even a single minister’s failure can dissolve the entire Council.
  • Ministers must endorse collective decisions or choose to resign.

How the Cabinet Works: Making Decisions Together in Governments

• Cabinet Form of Government: Parliamentary democracies use the Cabinet form of government due to its practicality & efficacy of collaborative decision-making by the Council of Ministers.
• Unified Decision-Making: Cabinet meetings facilitate decision-making, allowing ministers to work as a unified team. 
• Ministries rely on civil servant secretaries for decision-relevant information.
• Coordination: The Cabinet Secretariat and senior civil servants aid in coordinating ministries’ collaboration under the guidance of the Council of Ministers.

Parliamentary Executive at State Level : The Role of Council of Ministers

• Executive System: The State level also follows a parliamentary executive system with nuances.
• Governor’s Discretion & Council of Ministers: The Governor, appointed by the President, exercises more discretion than their central counterpart.
• Consistency with the National System: Nevertheless, the foundation of the parliamentary system remains consistent at both national and state levels.

Conclusion

The Council of Ministers plays a pivotal role in the effective functioning of the government. Their collaborative decision-making and advisory role to the head of state contribute significantly to the governance and policy implementation. The Council of Ministers stands as a cornerstone in ensuring cohesive and well-informed governance, reflecting the essence of collective responsibility in the political landscape.

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