The Prime Minister and the Council of Ministers

In India's parliamentary system, the real power to govern lies with the Prime Minister and the Council of Ministers. The President is the head of the State; the Prime Minister is the head of the government.

What the Constitution says

• Article 74: 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.
• Article 75: the Prime Minister is appointed by the President, and the other ministers are appointed by the President on the advice of the Prime Minister. Ministers hold office during the pleasure of the President, and the Council of Ministers is collectively responsible to the Lok Sabha.
• Article 78: it is the duty of the Prime Minister to keep the President informed of the decisions of the Council of Ministers and of proposals for legislation.

How the Prime Minister is chosen

The Constitution does not lay down a detailed procedure. By convention, after a general election the President invites the leader of the party or coalition that has a majority in the Lok Sabha to form the government. If no one has a clear majority, the President uses his or her judgement and usually asks the person chosen to prove the majority on the floor of the house.

A minister must be a member of either house of Parliament. A person who is not a member can be appointed but must become one within six months, or cease to be a minister.

The Council of Ministers

The Council has three ranks:

• Cabinet ministers, who head the most important ministries. The Cabinet is the small inner body that takes the main decisions.
• Ministers of state, who may hold independent charge of a ministry or assist a cabinet minister.
• Deputy ministers, who assist the ministers.

Since the 91st Amendment (2003), the total number of ministers, including the Prime Minister, cannot exceed 15 per cent of the total strength of the Lok Sabha.

Collective responsibility

This is the foundation of parliamentary government. The ministers swim or sink together. Every minister must publicly support every decision of the Cabinet, even one he or she argued against in private. And if the Lok Sabha passes a vote of no confidence against the Council of Ministers, the whole Council, including ministers from the Rajya Sabha, must resign. A minister is also individually responsible: the Prime Minister can ask any minister to resign.

The position of the Prime Minister

The Prime Minister chooses the ministers, gives them their portfolios and can drop them. He or she chairs the Cabinet, coordinates the work of all ministries, is the chief link between the President and the Council, and is the leader of the Lok Sabha in most cases. When the Prime Minister resigns or dies, the whole Council of Ministers goes out with him or her. For these reasons the Prime Minister is described as the keystone of the Cabinet arch.

The Attorney General

The Attorney General for India (Article 76) is the highest law officer of the country. He or she is appointed by the President, must be qualified to be a judge of the Supreme Court, and holds office during the President's pleasure. The Attorney General advises the Government of India on legal matters, appears for it in the Supreme Court, and has the right to speak in both houses of Parliament, though not to vote.