Eduqo

Indian Polity & Constitution›Ch 3: Union Government›Prime Minister and Council of Ministers

3.4

Prime Minister and Council of Ministers

5 min

Articles 74-75, 91st Amendment & Collective Responsibility

1

Golden Rule of Executive Power

Article 74 creates a Council of Ministers headed by the Prime Minister to aid and advise the President. Article 75 mandates that the Council is collectively responsible to the Lok Sabha.

2

Why This Matters in Exams

  • Frequent questions on the 91st Amendment 15% size limit.
  • Distinction between Cabinet and broader Council of Ministers.
  • Collective responsibility applies specifically to the Lok Sabha.

Quick Memory Hooks

  • 74 = Advice to President | 75 = PM & Ministers Appointed
  • 91st Amendment (2003) = Maximum 15 percent size cap
  • Sink or swim together = Collective responsibility to Lok Sabha
3

Cabinet vs Council of Ministers

FeatureCabinetCouncil of Ministers
SizeSmaller (15-20)Larger (60-80)
CompositionCabinet ministers onlyCabinet, MoS, Deputy
MeetingsMeets frequently as a bodyRarely meets as a body
PowerDirects policy decisionsCarries out cabinet policy
4

Key Pillars at a Glance

Article 74

(Aid and advise)

Article 74: Aid and advise

Aid and advise

Constitution[ ART. 74 ]

President acts on advice.

Article 75

(Appointment of PM)

Article 75: Appointment of PM

Appointment of PM

Constitution[ ART. 75 ]

PM appointed by President.

91st Act

(15 percent cap)

91st Act: 15 percent cap

15 percent cap

Limits council size.

Lok Sabha

(Collective duty)

Lok Sabha: Collective duty

Collective duty

Answerable to lower house.

5

Common Exam Traps

Council is responsible to ParliamentCouncil is responsible to Lok Sabha

Collective responsibility is strictly towards the Lok Sabha, not both houses.

91st Amendment limits size to 10%91st Amendment limits size to 15%

The maximum size of the council cannot exceed 15 percent of Lok Sabha strength.

Cabinet is mentioned in original Article 74Cabinet added by 44th Amendment

The word Cabinet was specifically inserted into Article 74 by the 44th Amendment in 1978.

6

Test Your Knowledge

Q1.To which house is the Council of Ministers collectively responsible under Article 75?

Q2.What is the maximum percentage limit for the total strength of the Council of Ministers including the Prime Minister?

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