|Constitution of Council of Ministers:|
|1. As per provisions in the Constitution, there must be a
Council of Ministers with the Prime Minister as the head to aid and advice the President who shall in the exercise of his functions, act in accordance with
2. The Prime Minister is appointed by the President and other Ministers are also appointed by the President on the advice of the Prime Minister. The Minister hold office during the pleasure of the President.
3. The Council of Ministers is formed as soon as the Prime Minister is sworn in.
4. A Minister who for any period of six consecutive months is not a member of either house of Parliament shall at the expiration of the period cease to be a Minister.
5. Although the Constitution provides that the President appoints the Prime Minister, his choice is limited. A person cannot be a Prime Minister who does not command majority in the House of the People (Lok Sabha). Thus, the President has to appoint a person as Prime Minister who commands majority in the House of the People.
6. The Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
7. A member of the Rajya Sabha can also be appointed the Prime Minister.
8. At Present there are three types of Minister- (i) Cabinet Minister (ii) Minister of State, and (iii) Deputy Minister.[Article 76]
|Powers and Functions:|
|1. The main function of the Council of the Ministers is to aid and advice the
2. The Council of Ministers determines the legislative programme of the Union and uses its initiative in the introduction and passage of Government legislation.
3. The Council of Ministers prepares the budget of the Union Government and moves demand for grants.
4. The foreign policy of India is formulated by the Council of Ministers and the emergency powers of the President are mostly exercised by the Ministers.
|The duties of the Prime Minister for furnishing information to the President-|
|It is the duty of the Prime Minister -|
1. to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.
2. to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for, and
3. if the President so require, 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 of Ministers.[Article 78]