PRIME MINISTER AND COUNCIL OF MINISTERS#

 The prime minister is the official representative of people of India who acts as head of government of India. council of ministers are executive administration authority of India, where prime minister is the head of the council. they also have a duty of advising The president.

After every 5 years, elections are held in India for the appointment of the Prime Minister. The Prime Minister is appointed from the party that has the majority of seats in the Lok Sabha by the Indian President. The President can also appoint an individual candidate as the Prime Minister if he/she is able to gain the support of the other political parties sitting in the Lok Sabha. The Council of Ministers is appointed on the advice of the elected Prime Minister by the Indian President. However, if elections do not result in a clear majority in Lok Sabha, then the President has the right to appoint the Prime Minister of India of his choice.

Eligibility for Prime Minister of India

Every Indian Citizen has the right to become the Prime Minister of India. An individual aiming to become the Prime Minister must fulfill the following criteria-

• He/she must be a citizen of India. 

• He/she must be a member of either of the Parliament houses, i.e., Lok Sabha or Rajya Sabha.

• He/she must be 25 years old if he/she is a Lok Sabha Member or 30 years old if he/she is a member of the Rajya Sabha.

Relationship between the Prime Minister and the President of India

The relationship between the Prime Minister and the President can be understood by Articles 74, 75, and 78 of the Indian Constitution.

• Article 74 of the Constitution of India states the relationship of the Prime Minister and President with the Council of Ministers. The Prime Minister is the head of the Council and advices the President on their appointment.

• Article 75 of the Indian Constitution mentions that the Council of Ministers is collectively responsible to the lower house of the Parliament. It also mentions that the Indian Prime Minister is appointed by the President, while the Council of Ministers is appointed on the advice of the Prime Minister by the President.

• According to Article 78 of the Indian Constitution, it is the duty of the Prime Minister to communicate the Council of Ministers’ decisions to the President.

Article 75 of the Indian Constitution has the following provisions-

• It states that the Council of ministers is appointed on the advice of the Indian Prime Minister by the Indian President.

• The Prime Minister and the Council of Ministers must not exceed 15% of the total strength of the Lok Sabha (lower house).

• The 91st Amendment Act provides the disqualification of the Ministers among the Council of Ministers. As per the act, if the minister stands disqualified as a Parliament member, he is also considered disqualified from the Council of Ministers.

• If a minister did not serve as a member of Lok Sabha or Rajya Sabha for 6 consecutive months, he ceased to exist as a council member.

• Also, the salary and all of the ministers are decided by the Parliament.

Article 75 (3) of the Constitution deals with the principle of collective responsibility of the Council of Ministers. According to Article 75 (3), all ministers are collectively responsible to the Lower House, i.e., Lok Sabha. This means that a minister has to resign if he loses confidence in the lower house. This loss of faith can be expressed as-

• Rejection of a Finance bill, a Money bill, or other necessary policy measures.

• Rejecting a motion that expresses the Ministry’s confidence or passing a no-confidence motion.

Furthermore, suppose a minister is guilty of losing confidence in the Parliament. In that case, all the Council, including the ministers of the Rajya Sabha, have to resign, which means the Council of Ministers. However, there are certain cases wherein the Ministry may call for fresh elections by advising the President to dissolve Lok Sabha.

The council of ministers mainly contain 3 types of ministers, 

  1. cabinet ministers.
  2. ministers of state.
  3. deputy ministers.
That's all for the day.  THANK YOU..,

Location: Hyderabad, Telangana, India

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