Explain position of Prime minister and chief minister.

Introduction

The Union Council of Ministers exercises the executive authority. It comprises of cabinet
ministers, ministers of State and deputy ministers. The Council is led by the Prime Minister of
India. The Prime Minister shall aid and advise the President in exercise of his functions. The
Council is collectively responsible to the Lok Sabha. The Prime Minister is duty bound to
communicate to the President all decisions of Council of Ministers relating to administration of
affairs of the Union and proposals for legislation and information relating to them. Under the
ambit of Constitution, the Cabinet can issue directives to the State Government under certain
circumstances and also under the state of emergency it can control the working of the State
Governments. The Council of Ministers determines the legislative programme of the Union and
initiates the introduction and passing of Government legislation.

Article 74 - Council of Ministers to aid and advise President.

(1) There shall be a Council of Ministers with the Prime Minister at the head to aid
and advise the President who shall, in the exercise of his functions, act in
accordance with such advice: Provided that the President may require the council
of Ministers to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such
reconsideration.

(2) The question whether any, and if so what, advice was tendered by Ministers to
the President shall not be inquired into in any court.

Position of Prime Minister Article 74 of the Constitution provides for a Council

of Ministers which shall aid the President in the exercise of his functions. The
Union Council of Ministers exercises executive authority. The senior ministers
are called the cabinet ministers and the junior ministers are called the ministers
of state. The council is led by the Prime Minister of India. The Council of
Ministers are not only vested with the power of not merely giving advice but
also, they have decision making powers which are binding in nature. The Prime
Minister shall communicate the decisions of the council minister to the President.
The President may forward the same to the Council of Ministers again for
reconsideration. However, if a President rejects the advice of the Council of
Ministers he shall not be questioned in a court of law. In matters relating to
incurring to expenditure the President requires proper authorization from the
Parliament, failing which it shall be considered as unconstitutional and may also
result in impeachment. Further the Council of Ministers are responsible to the
Parliament for the policy decisions and acts of the Government.

Article 75- Other provisions as to Ministers:

(1) The Prime Minister shall be appointed by the President and the other Ministers shall
be appointed by the President on the advice of the Prime Minister
(2) The Minister shall hold office during the pleasure of the President
(3) The Council of Ministers shall be collectively responsible to the House of the People

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(4) Before a Minister enters upon his office, the President shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose in the Third
Schedule
(5) A Minister who for any period of six consecutive months is not a member of either
House of Parliament shall at the expiration of that period cease to be a Minister
(6) The salaries and allowances of Ministers shall be such as Parliament may from time
to time by law determine and, until Parliament so determines, shall be as specified in the
Second Schedule

Article 75 (1) provides for the appointment of the Prime Minister by the President and
the appointment of other Ministers by the President on the advice of the Prime Minister.
The Prime Minister and his Ministers shall be responsible to the lower House. A Prime
Minister at the time of his appointment need not necessarily be a member of either of the
lower or any of the two Houses of Parliament. The President shall choose a Prime
Minister who has the support of the party or coalition which may be expected to
command a majority in the House of the People. When a Prime Minister in office dies or
resigns on personal grounds, the President shall exercise his personal judgment in
selecting a Prime Minister. The President is the official head of the State, but the active
head is the Prime Minister.
The other ministers are appointed by the President on the advice of the Prime Minister.
The nomination of minister rests with the Prime Minister. The President shall have
considerable influence in their appointment but he has to give his assent to the opinion
and views of the Prime Minister.

Article 75 (2) The Prime Minister and other Ministers hold office during the pleasure of
the President. Indirectly it indicates that the office of the Ministers is at all times at the
Prime Minister’s disposal. That is, the President acts on the advice of the Prime Minister.
Nomination and retention of Cabinet Ministers in the office rests upon the advice of the
Prime Minister. No person should be retained as a member of the Cabinet if the Prime
Minister says that he should be dismissed. The clause lays emphasis for only the
dismissal of ministers. It does not apply to the dismissal of the Council of Ministers. It
means that a ministry that has lost the confidence of the Lower House must resign,
unless it is dissolved.

Article 75 (3) emphasises upon the collective responsibility of the Council of Ministers
to the Lok Sabha. The Council of Ministers are responsible to the Lok Sabha not only as
individuals but also collectively. It means that the entire Cabinet will generally accept
responsibility for the acts of any of its
members. This concept of collective responsibility lays down the foundation for the
Cabinet’s solidarity. Because the Cabinet decisions in majority bind all Cabinet
Ministers irrespective of their contentions. Inspite of the fact that the Council of
Ministers are collectively responsible to the House of the People, if an action of a
Minister is contrary to law, he shall be subject to judicial scrutiny. The object of
collective responsibility is to make the Ministers collectively or vicariously responsible
for the actions of each other. Collective responsibility indicates that all members of a
government are unanimous in support of its policies. They should express unanimity.
The Ministers who voice their opinions for or against the policies in the Cabinet are
personally and morally responsible for its success and failure. The object of collective
responsibility is to make the whole body of persons holding ministerial office
collectively or vicariously responsible for such acts of others. The Council of Ministers
shall be in office as long it commands the support and confidence of the majority of
members of the House. The whole ministry shall be treated as one entity on every issues
involving matters of policy.

In U.N.R. Rao v. Indira Gandhi, - it was urged that Article 75(3) should be read as
meaning that the principle of collective responsibility applies only when the House of
the People is in existence and not when it is dissolved or prorogued.

Further, Clause (4) of Article 75 envisages every Minister including the Prime Minister
is required to take two types of oaths; an oath of office and an oath of secrecy. The forms
of the same are provided in Schedule III to the Constitution which is in descriptive and
substantive forms. The part consisting of the name and designation of the minister is
descriptive. The part wherein he undertakes obligation is in the form of substantive.
Provided the substantive part is followed accurately a minor error in the
descriptive part shall not vitiate the oath. In the oath of secrecy the deliberations of the
Cabinet are held in the strictest secrecy. The oath of secrecy serves as a good defence
against compulsion to make statement before a commission of enquiry.

Article 75 (5) envisages that a Minister shall cease to hold office if for any period of six
consecutive months he is not a member of either House of Parliament. The provision
also enables a Minister to hold office up to six months if the House of the People is
dissolved until the new Ministry is sworn in. A person who is not a member of either
House may be appointed as a minister or even as a Prime Minister and he may continue
to hold his office up to a period of six months.

Article 75 (6) states that the salary of Ministers is votable by Parliament. The same is
specified in Second Schedule of the Constitution. The legislature shall determine the
salaries. But if a person is disqualified to be a member of Parliament, he cannot be
appointed for this purpose. Further a person
cannot be reappointed after the expiry of six months unless he has become a member of
either House of the Parliament.

Position of Chief Minister

Article 163 - Council of Ministers to aid and advise Governor.

(1) There shall be a council of Ministers with the chief Minister at the head to aid and
advise theGovernor in the exercise of his functions, except in so far as he is by or under
this constitution required to exercise his functions or any of them in his discretion

(2) If any question arises whether any matter is or is not a matter as respects which the
Governor is by or under this Constitution required to act in his discretion, the decision of
the Governor in his discretion shall be final, and the validity of anything done by the
Governor shall not be called in question on the ground that he ought or ought not to have
acted in his discretion

(3) The question whether any, and if so what, advice was tendered by Ministers to the
Governor shall not be inquired into in any court Article 163 (1) states that the form of
government in the States is parliamentary. There is a Council of Ministers with the Chief
Minister at the head to aid and advice the Governor. However the responsibility of the
people is upon the Ministers and not upon the Governor. The chief minister is an elected
or appointed head of government of sub-national entity. He is directly selected and
appointed by the Governor. Generally the leader of the majority party in the Legislative
Assembly is appointed as the Chief Minister. Sometimes the Governor may exercise his
personal judgement in selecting the Chief Minister. He may also ask for the election of
the leader by a party or a combination of parties.

Article 167 - Duties of Chief Minister as respects the furnishing of information to

Governor, etc

It shall be the duty of the Chief Minister of each State.

(a) to communicate to the Governor of the State all decisions of the council of Ministers
relating to the administration of the affairs of the State and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the State
and proposals for legislation as the Governor may call for; and

(c) if the Governor so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister, but which has
not been considered by the Council Under this Article it is the bounden duty of the Chief
Minister of a State to keep informed the Governor all matters concerning the
administrative affairs. The Chief Minister shall communicate to the Governor of the
State all decisions arrived at by the Cabinet relating to the administration of State affairs
and legislative proposals. He is also duty bound to furnish all information relating to the
administration of the State affairs and legislative proposals as and when the Governor
requires. He shall also, if the Governor requires, submit for the consideration of the
Council of Ministers any matter on which a decision has been taken by a minister, but
which has not been considered by the Council of Ministers.