Position of Union Council of Ministers vis-à-vis the President of India
The Union Council of Ministers forms the executive wing of the Government of India and is responsible for day-to-day governance. While the President of India is the constitutional head, the real executive power lies with the Council of Ministers, headed by the Prime Minister, as per the principle of responsible government under Articles 74 and 75 of the Constitution.
The relationship between the President and the Council of Ministers is a cornerstone of India’s parliamentary system, reflecting a fusion of powers and accountability to the legislature, ensuring that the ceremonial authority of the President does not translate into arbitrary decision-making.
Constitutional Provisions Governing the Relationship
The Constitution defines the powers, responsibilities, and limitations of the Council of Ministers vis-à-vis the President.
Article 74: Aid and Advice of the Council of Ministers
- Article 74(1) mandates that the President shall act according to the advice of the Council of Ministers, ensuring collective responsibility.
- Article 74(2) allows the President to seek reconsideration of advice, but if the Council reiterates, the President must act accordingly.
Article 75: Composition and Tenure
- The Prime Minister is appointed by the President, and other Ministers are appointed on the recommendation of the Prime Minister.
- Ministers hold office during the pleasure of the President, but must maintain confidence of the Lok Sabha.
- The Council is collectively responsible to the House of the People, ensuring parliamentary control.
Role of the President in Relation to the Council of Ministers
The President functions as the constitutional head, while the Council of Ministers exercises real power.
Powers and Limitations
- Appointive Power: The President appoints Ministers but the Prime Minister must have majority support in Lok Sabha.
- Binding Advice: The President cannot act independently and must follow ministerial advice.
- Discretionary Powers: Limited powers include sending a bill for reconsideration or reserving a bill, but these are exceptions.
Symbolic vs Real Executive
- The President represents the unity of the nation, while the Council implements policy and administration, ensuring legislative accountability.
Collective Responsibility and Accountability
- The Council is collectively responsible to the Lok Sabha under Article 75(3).
- A vote of no-confidence requires the resignation of the entire Council, including the Prime Minister.
- This shows that while the President is the constitutional head, the real executive authority is exercised by the Council.
Landmark Judicial Pronouncements
(a) S. R. Bommai v. Union of India (1994 AIR 1918)
- Emphasized that the Council is responsible to the legislature, and the President’s discretion is limited.
(b) Rameshwar Prasad v. Union of India (2006 2 SCC 1)
- Held that the President must act on the advice of the Council, reflecting Article 74.
(c) Shamsher Singh v. State of Punjab (1974 2 SCC 831)
- Clarified that the President cannot act against a majority-supported Council, upholding constitutional conventions.
Significance of the Relationship
- Ensures a responsible government accountable to Lok Sabha.
- Maintains constitutional balance between ceremonial and real executive power.
- Prevents arbitrary action by the President.
- Encourages collective decision-making and policy coherence.
Mnemonic to Remember the Relationship
Use the mnemonic: “P.A.C.E.R.”
- P – President as constitutional head
- A – Aid and advice of Council of Ministers (Article 74)
- C – Collective responsibility to Lok Sabha
- E – Executive powers exercised by Ministers
- R – Real power lies with Council, ceremonial with President
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