LIBERAL INTELLECTUAL PRINCIPLES – 05
POWERS AND FUNCTIONS OF PRIME MINISTER
DUTIES OF PRIME MINISTER:
- In case of differences of opinion with a minister, he can ask him to resign or advice the President to dismiss him from his office.
- He instils the principle of collective responsibility upon the council of ministers by controlling their actions and ensuring the concurrence of decisions.
- He advises the President with respect to the appointment of the Attorney General of India, Comptroller and Auditor General of India, Chairman and members of UPSC, Election Commissioners, Chairman and members of Finance Commission and so on.
- He can recommend the President to dissolve the LokSabha and conduct new election.
- He advises the President on summoning and proroguing of the sessions of Parliament.
- His role is imperative in shaping the foreign policy of the State.
- During emergency situations, the Prime Minister acts as the chief crisis manager.
It is the duty of the Prime Minister
THE COUNCIL OF MINISTERS
- To report to the President, all the decisions taken by the CoM with respect to the administration of the Union and proposals for legislation.
- To provide information about the administration of the Union and proposals for legislation to the President on his demand.
- On the demand of the President, to submit for the consideration of the CoM, the decisions that have been taken by a minister without the consideration of the council.
The provisions in Article 74
under Part V provide for the institution of the Council of Ministers (CoM) headed by the Prime Minister.
The President appoints the CoM on the recommendations of the Prime Minister. The members of either house of the Parliament can be appointed as ministers. Even a person who is not a member of either house can be appointed as a minister provided that he becomes a member of either house within six months
either by election or nomination. The President administers the oath of office and secrecy to the ministers.
PRIMARY DUTY OF COM:
As the President is the executive head of the Union
, all the executive actions of the Union are taken under his name. The CoM is instituted to aid and advice the President in discharging his executive functions. The President is bound to act in accordance with the advice provided by the CoM. However, he can ask the council to reconsider it’s advice once and if the same advice is provided after reconsideration, he is bound to act accordingly.
COMPOSITION OF THE COUNCIL OF MINISTERS
The Council of Ministers consists of three categories of ministers such as
- The Cabinet Ministers
- The Ministers of State
- Independent Charge of Ministries / Departments
- Attached to Ministries / Departments
- Deputy Ministers
The ministers holding the important portfolios such as the defence, external affairs, home, etc are Called As Cabinet Ministers
. The cabinet is the highest decision-making body consisting of 15 to 20 ministers, including the Prime Minister. The decisions of the cabinet are binding on all other ministers in the council. The constitution does not contain exclusive provisions for enumerating the powers and functions of the cabinet. However, the term cabinet is just defined in Article 352.
MINISTERS OF STATE:
The ministers of state can either be given independent charge of less important ministries or attached to the ministries under cabinet ministers. When they are attached to a ministry, they either head a department under the concerned ministry or look after a specific set of works of the ministry.
These ministers are not provided with an independent charge of ministries or departments. They are attached to the cabinet ministers and the ministers of state to aid in the discharge of their functions.
Though the CoM is a multi member body, all the ministers function as a single unit under the directions of the Prime Minister. Article 75
under Part V says that the CoM is collectively responsible to the LokSabha. That is all the ministers, including the ones from the RajyaSabha
are collectively responsible for the actions of the government to the LokSabha.