Polity · X-Factor Notes
The Council of Ministers revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Provision (Article 74) | There shall be a Council of Ministers (CoM) with the Prime Minister at the head to aid and advise the President in the exercise of his functions. | |
| Binding Nature of Advice | The President shall act in accordance with such advice. (42nd CAA,1976) | |
| Reconsideration of Advice | The President may require the CoM to reconsider such advice once, but the President shall act in accordance with the advice tendered after such reconsideration (added by the 44th Constitutional Amendment Act, 1978). | |
| Judicial Inquiry of Advice | The advice tendered by Ministers to the President shall not be inquired into in any court (Article 74(2)). | UP PCS Mains 2016 |
| Executive Head (De Jure vs. De Facto) | The President is the Head of the State, while the Prime Minister is the real head of the Council of Ministers and the Head of the Government. The Prime Minister exercises the actual/executive power under the parliamentary form of Government. | UP PCS Mains 2013 |
| Executive Subordination | In Indian Polity, the Executive (CoM) is subordinate to the Legislature. |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Appointment (Article 75(1)) | The Prime Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Prime Minister. | UP UDA/LDA Pre 2001 |
| Tenure | Ministers hold office during the pleasure of the President (Article 75(2)). | UP R.O./A.R.O. Pre 2016 |
| CoM Size Limitation |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Collective Responsibility (Article 75(3)) | The Council of Ministers shall be collectively responsible to the Lok Sabha (House of the People). This is a constitutional obligation. | UP PCS Mains 2012, UP PCS Pre 2012 |
| Implication of No-Confidence | The Council of Ministers has to resign if a no-confidence motion is passed by a majority of members of the Lok Sabha. | UP PCS Mains 2010, UP PCS Mains 2013 |
| Initiation of No-Confidence |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| The Cabinet | The Cabinet is the senior executive body and the supreme decision-making body in India, consisting of the Prime Minister and ministers of the Cabinet rank. | |
| Constitutional Status of 'Cabinet' | The term ‘Cabinet’ was inserted into Article 352(3) of the Constitution by the 44th Constitutional Amendment Act, 1978. | |
| PM's Office (PMO) |
| UP PCS Mains 2004, 2017 |
| Non-Member Minister | A person who is not a member of either house of Parliament can be appointed a minister but must become a member within six months, otherwise they cease to be a minister (Article 75(5)). | UP PCS Pre 1995 |
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| Prime Minister's Discretion | The Prime Minister has full discretion in the choice of persons who are to serve as ministers in his Cabinet (Article 75(1)). |
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| Classification | The Central Council of Ministers includes Cabinet Ministers, Ministers of State, and Deputy Ministers. |
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| PM from Rajya Sabha | The Prime Minister is generally a member of Lok Sabha, but can be a member of Rajya Sabha. Indira Gandhi was the first PM from Rajya Sabha at the time of appointment. |
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| A Motion of No Confidence can be introduced only in Lok Sabha and requires a minimum of 50 members to table it. |
| UP PCS Mains 2013, 2009, UP Lower Sub. Pre 2015 |
| Post-Resignation Scenario | If the CoM resigns, President’s Rule will NOT be imposed; the President will ask the outgoing CoM to continue until an alternative arrangement is made. | UP PCS Mains 2010 |
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| PM's Duty to President (Article 78) | It is the duty of the Prime Minister to communicate to the President all decisions of the CoM and to furnish information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for. | UP PSC R.I. 2014 |
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| Came into existence in 1977 (previously known as the Prime Ministers Secretariat, 1947–77). |
| UP PCS Pre 2019 |
| Cabinet Secretariat | Directly under the control of the Prime Minister. Its administrative head is the Cabinet Secretary, who is the highest civil services officer of the Central Government and ex-officio chairman of the Civil Services Board. |
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| Creation of Ministries | Ministries/departments are created by the President on the advice of the Prime Minister. The number of Ministries at the Centre on 15 August 1947 was 18. |
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| First Law Minister (Post-Independence) | Dr. B.R. Ambedkar. |
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| First Finance Minister (Post-Independence) | R.K. Shanmukham Chetty (1947-1949). |
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| Terminology | The word “Budget” is not mentioned in the Constitution of India; Article 112 refers to the "Annual Financial Statement". | UP PCS Mains 2011 |
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| Reorganization of Cabinet | The Reorganization of Union Cabinet is based on the Report of N. Gopalaswami Ayyangar. | UP PCS GIC 2010 |
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| Head of Scientific/Defence Committees | The Prime Minister is the President/Head of the Council of Scientific and Industrial Research and the National Defence Committee. |
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