UPSC GS Paper II: Union Executive, Prime Minister and Council of Ministers, Role, Accountability

Must?Know

• Article 74(1) – Council of Ministers headed by Prime Minister aids and advises President; 42nd Amendment (1976) made advice binding, confirmed by Supreme Court in S. R. Bommai v. Union of India (1994).
• Article 75(1) – Prime Minister is appointed by President; other ministers appointed by President on PM’s advice; PM is not directly elected by people.
• Article 75(2) – Ministers hold office during President’s pleasure; in practice, dependent on confidence of Lok Sabha and PM’s support.
• Prime Minister chairs the Cabinet, presides over Cabinet meetings, allocates portfolios, and can ask for resignation or advise President to dismiss ministers.
• Prime Minister is the leader of Lok Sabha and communicates all decisions of Council of Ministers to President under Article 78(a).
• Article 78(b) – PM must furnish information to President regarding decisions of Council of Ministers, including those taken in minister’s department.
• Article 78(c) – PM must submit for consideration of Council of Ministers any matter decided by a minister but not considered by Cabinet.
• Prime Minister is ex-officio chairperson of NITI Aayog, Appointments Committee of the Cabinet (ACC), and Cabinet Committee on Economic Affairs (CCEA).
• Prime Minister leads the Nuclear Command Authority (India’s nuclear weapons decision-making body).
• Council of Ministers comprises Cabinet Ministers, Ministers of State (Independent Charge), and Ministers of State (attached to senior ministers).
• Cabinet Ministers head major ministries (e.g., Defence, Finance, Home); Ministers of State assist them or handle independent charge portfolios.
• Total strength of Council of Ministers limited to 15% of total Lok Sabha strength under 91st Constitutional Amendment Act (2003).
• 91st Amendment also bars a disqualified member from being reappointed as minister until re-elected.
• Collective responsibility under Article 75(3) – Council of Ministers collectively responsible to Lok Sabha; resignation or dissolution follows loss of confidence.
• Individual responsibility – each minister accountable for administration of their department; resignation expected in case of major failure (e.g., Vayalar Ravi after 2012 Uttarakhand disaster).
• Question Hour and Zero Hour are mechanisms for parliamentary accountability; ministers must answer questions or face criticism.
• No-Confidence Motion – if passed in Lok Sabha, entire Council of Ministers must resign; first passed in 1979 against Morarji Desai government.
• Confidence Motion – introduced by PM to prove majority; used in 1999 by Atal Bihari Vajpayee after narrow loss of trust vote.
• Adjournment Motion – censures government for policy failure; requires Speaker’s approval; if passed, holds minister accountable.
• Rule of lapse – unspent budget allocations expire at end of financial year; used to assess ministerial efficiency and planning.
• Comptroller and Auditor General (CAG) audits government expenditure; reports tabled in Parliament enable Public Accounts Committee (PAC) scrutiny of ministers.
• Supreme Court in Union of India v. Rajiv Kumar (2022) held that PM’s office (PMO) is subject to RTI Act, enhancing transparency and accountability.
• The Prime Minister’s Office (PMO) coordinates inter-ministerial work and monitors implementation of key policies (e.g., PM-KISAN, PMAY).
• Parliamentary committees like PAC, Estimates Committee, and Committee on Ministerial Assurances hold ministers accountable through detailed scrutiny.

Difficulty Level

Intermediate – requires understanding of constitutional provisions, interlinkages with parliamentary procedures, and judicial precedents; frequently tested in prelims and mains.

Common UPSC Traps

Trap: The President can dismiss a minister independently – Fact: President appoints and dismisses ministers only on advice of Prime Minister (Article 75(2)); President has no discretionary power in ministerial appointments.
Trap: Collective responsibility means all ministers must publicly support every decision – Fact: While expected, dissent within Cabinet is permitted until decision is taken; once decided, public opposition requires resignation (e.g., Ashok Gehlot in 1990 on economic reforms).
Trap: The Prime Minister must be a member of Lok Sabha – Fact: PM can be from either House; Jawaharlal Nehru (Rajya Sabha, 1952–57), Indira Gandhi (Rajya Sabha, 1966–67), H. D. Deve Gowda (Lok Sabha).
Trap: Council of Ministers includes Deputy Prime Minister – Fact: Deputy PM is not a constitutional post; it is a political designation with no special powers (e.g., Sardar Patel, Lal Krishna Advani).
Trap: A Minister of State (Independent Charge) is not part of Council of Ministers – Fact: All ministers, including MoS (Independent Charge), are members of Council of Ministers under Article 75.

Practice MCQs

Question: Which of the following statements best reflects the principle of collective responsibility of the Council of Ministers?
A) Each minister is individually responsible to the President for their department.
B) The Prime Minister can allocate and reshuffle portfolios at will.
C) The Council of Ministers must resign if a no-confidence motion is passed in Lok Sabha.
D) Ministers must seek President’s approval before making policy decisions.
Answer: C
Explanation: Collective responsibility under Article 75(3) means the Council of Ministers stands or falls together; loss of Lok Sabha confidence necessitates resignation.
Why others fail: A confuses individual responsibility with constitutional reporting to President, not accountability for survival.

Question: The 91st Constitutional Amendment Act is significant because it:
A) Established the National Judicial Appointments Commission.
B) Limited the size of Council of Ministers to 15% of Lok Sabha strength.
C) Made the advice of Council of Ministers binding on the President.
D) Introduced the office of Deputy Prime Minister.
Answer: B
Explanation: The 91st Amendment (2003) capped ministerial strength at 15% of total Lok Sabha members and strengthened anti-defection law.
Why others fail: C refers to 42nd Amendment; A was struck down in 2015; D is not a constitutional office.

Question: Under Article 78 of the Constitution, the Prime Minister is required to communicate to the President:
A) All pending court cases involving the Union.
B) Decisions of the Council of Ministers relating to administration and legislation.
C) Names of candidates for judicial appointments.
D) Resignations of Members of Parliament.
Answer: B
Explanation: Article 78(a) mandates PM to communicate all Council of Ministers’ decisions to President on administration and legislation.
Why others fail: B is directly from Constitution; others are procedural but not under Article 78.

Question: Which of the following mechanisms ensures individual ministerial accountability in the Indian Parliament?
A) Calling Attention Motion
B) Adjournment Motion
C) No-Confidence Motion
D) Censure Motion
Answer: D
Explanation: A Censure Motion criticizes a specific policy or action of a minister; if passed, the minister is expected to resign.
Why others fail: C targets entire Council; B leads to adjournment but not resignation; A is for urgent matters without censure.

Question: The Prime Minister’s Office (PMO) is:
A) A constitutional body established under Article 77.
B) A statutory body created by an Act of Parliament.
C) An administrative unit under the Cabinet Secretariat.
D) A non-constitutional, non-statutory entity aiding the PM.
Answer: D
Explanation: PMO is not mentioned in Constitution; it evolved as an informal secretariat to assist PM in coordination and monitoring.
Why others fail: A and B are incorrect as PMO lacks constitutional or statutory basis; C understates its autonomous role.

Question: Which of the following is NOT a function of the Appointments Committee of the Cabinet (ACC)?
A) Appointment of Chiefs of Armed Forces
B) Appointment of Chairperson of NITI Aayog
C) Appointment of Secretary to the Government of India
D) Appointment of Chief Election Commissioner
Answer: D
Explanation: ACC, chaired by PM, appoints top civil and military officials; CEC is appointed by President on advice of PM and Union Cabinet, but not via ACC.
Why others fail: D is correct; CEC appointment is executive decision but not ACC’s formal function.

Question: The Supreme Court in Union of India v. Rajiv Kumar (2022) ruled that:
A) PM cannot be questioned in Parliament.
B) PMO is subject to the Right to Information Act.
C) President can override PM’s advice in national interest.
D) Council of Ministers must include members from both Houses.
Answer: B
Explanation: The Court held PMO is a public authority under RTI Act, reinforcing transparency and accountability.
Why others fail: A contradicts parliamentary privilege; C violates constitutional convention; D is not mandatory.

Last?Minute Revision

• Article 74(1): Council of Ministers aids and advises President; binding since 42nd Amendment.
• Article 75(3): Collective responsibility to Lok Sabha.
• 91st Amendment (2003): Minister strength capped at 15% of Lok Sabha.
• Prime Minister not mentioned in Constitution as head of government; role derived from conventions.
• First PM from Rajya Sabha: Jawaharlal Nehru (1952).
• PM must become MP within six months of appointment (if not already).
• President appoints PM; no formal oath-taking requirement in Constitution.
• Sarkaria Commission (1983): Recommended stability of Council of Ministers; no frequent reshuffles.
• Punchhi Commission (2010): Reviewed Centre-State relations; suggested codifying conventions.
• CAG reports on expenditure go to Public Accounts Committee (PAC).
• Adjournment Motion requires Speaker’s consent and leads to discussion on urgent public matter.
• No-Confidence Motion can be moved only in Lok Sabha.
• Confidence Motion can be initiated by PM to prove majority.
• Rule of lapse affects budget utilization; impacts ministerial performance review.
• PM chairs CCEA, ACC, NITI Aayog, and Nuclear Command Authority.
• Ministers of State (Independent Charge) attend Cabinet meetings only when invited.
• Individual responsibility: V. K. Krishna Menon resigned in 1962 after criticism over Sino-Indian War.
• RTI Act applies to PMO: Union of India v. Rajiv Kumar (2022).
• Collective responsibility does not prevent internal Cabinet dissent.
• Deputy PM: political post, no constitutional basis (e.g., Sardar Patel, 1947–50).
• First no-confidence motion passed: 1979, against Morarji Desai.
• Article 78: PM communicates Cabinet decisions, legislative proposals, and matters for Cabinet consideration to President.
• Comptroller and Auditor General (CAG) established under Article 148.
• Estimates Committee comprises only Lok Sabha members; scrutinizes budget proposals.
• Total ministers in Union Council cannot exceed 81 (15% of 543).
• Verify from standard source: Current strength of Council of Ministers (as of 2023: ~60).