Last reviewed · Written and checked by the Prelims Lab faculty · About 20 min to read
Appointment and role of the PM, Articles 74, 75 and 78, collective responsibility, Cabinet and Cabinet Secretariat. Free notes for UPSC CSE Prelims 2027, written around the traps UPSC sets, with the exact text of the Constitution and every past question on the topic.
- The Prime Minister
- The Prime Minister is the real head of the government. The President appoints as PM the person who has the support of the majority in the Lok Sabha (usually the leader of the largest party or alliance).
- Council of Ministers
- The Council of Ministers is the full team of ministers under the PM. It has three ranks: Cabinet Ministers (most senior), Ministers of State, and Deputy Ministers.
- Cabinet, cabinet committees and the Cabinet Secretariat
- The Cabinet is a smaller group of the most senior ministers. It takes the big decisions.
How to read: each section has The idea in brief (start here if the topic is new), Exam notes (the facts UPSC tests) and Ranker’s edge (the fine points). Each section opens with the bare text of the Constitution. Open In depth for the story behind it and past questions.
1. The Prime Minister
The bare text
Reading the text
- The Constitution never says how a Prime Minister is chosen, only that the President appoints them. The rule that the President must invite the leader of the Lok Sabha majority is a convention borrowed from Britain.
- Article 75(5) lets a non-member be appointed, as long as they join Parliament within six months. The Constitution does not require the PM to be from the Lok Sabha, so a Rajya Sabha member can be PM (UPSC 1997, 2012).
- Article 78 lists the PM’s only written duties: keep the President informed, give information on request, and put an individual minister’s decision before the Council if the President asks.
The idea in brief
The Prime Minister is the real head of the government. The President appoints as PM the person who has the support of the majority in the Lok Sabha (usually the leader of the largest party or alliance).
The PM chooses ministers, gives them departments, leads the Cabinet, and is the link between the Cabinet and the President (Article 78).
Exam notes
| Appointment (Art 75) | Appointed by the President; by convention the leader of the majority party in the Lok Sabha. When no party has a majority, the President uses discretion |
| Membership | Can be from either House. A non-member can be appointed but must become a member of either House within six months (PYQ 2012) |
| Term | Not fixed; holds office during the President’s pleasure, which in practice means as long as the Lok Sabha majority supports |
| If from the Rajya Sabha | Cannot vote in the Lok Sabha, so cannot vote on a no-confidence motion against his own government (PYQ 1997); can speak in the Lok Sabha |
| Article 78 | Duty of the PM to communicate all Cabinet decisions and proposals for legislation to the President, and to give information the President asks for (PYQ 2013) |
| Roles | Head of the Council of Ministers; chooses ministers (full discretion within constitutional limits) and allots portfolios through the President (PYQ 1996, 2009); leader of the House; chairs NITI Aayog, Inter-State Council, National Integration Council, NDC (when it existed) |
| In detail: Nehru was in his fourth term when he died (1964) and represented Phulpur, not Rae Bareli. The first non-Congress PM, Morarji Desai, took office in 1977 (PYQ 2007). | |
| Prime Minister fact | Answer |
|---|---|
| PMs from Rajya Sabha | Indira Gandhi (1966), Deve Gowda, I.K. Gujral, Manmohan Singh |
| Lost confidence votes | V.P. Singh (1990), Deve Gowda (1997), Vajpayee (1999, by one vote) |
| Never faced Lok Sabha | Charan Singh (1979) |
| First Deputy PM | Sardar Patel (an extra-constitutional office) |
| Point | Details |
|---|---|
| Powers over ministers | Recommends appointments, allocates and reshuffles portfolios, asks a minister to resign or advises dismissal; his resignation dissolves the Council |
| Link to President | Art 78: communicates Cabinet decisions; advises on appointments (AG, CAG, CEC, UPSC, Finance Commission); advises summoning, prorogation and dissolution |
| PMO | Began as the PM’s Secretariat (1947); renamed Prime Minister’s Office in 1977 |
| Tenure facts | Gulzarilal Nanda was interim PM twice (1964, 1966), about 13 days each time. Indira Gandhi was the first PM from the Rajya Sabha (1966) |
| Prelims trap: The Constitution has no age or House requirement for PM beyond being qualified for Parliament; the post’s term is not fixed. | |
Remember itAny House, six months, no fixed term: the PM can come from either House, a non-member gets six months to enter Parliament, and stays as long as the Lok Sabha majority does. Article 78 = the PM’s duties to the President.
Beyond the basics · ranker’s edge
| Point | Depth |
|---|---|
| S.R. Chaudhuri (2001) | A non-member cannot be reappointed minister repeatedly without getting elected; the six-month window is one-time per term |
| Deputy PM | K.M. Sharma v. Devi Lal (1990): a Deputy PM is just a minister; the oath is as a minister. Holders: Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B. Chavan, Devi Lal, L.K. Advani |
| Continuity records | Narendra Modi’s third consecutive term (2024) equals Nehru’s record of three consecutive general-election wins |
| PM’s chairs | NITI Aayog Governing Council, Inter-State Council, National Integration Council, Appointments Committee, Cabinet Committee on Security |
| Prelims trap: Nehru’s seat was Phulpur. (PYQ 2007) | |
In depth: the story behind it and how UPSC asks it
The story behind it
Where the Constitution is silent, practice has filled in. When no party has a majority, the President chooses whom to invite. In 1979 Charan Singh was appointed and resigned without facing Parliament. In 1996 Atal Bihari Vajpayee was invited as leader of the largest party and resigned after 13 days. Jawaharlal Nehru served four terms and died in office in 1964 (UPSC 2007).
How UPSC asks it
- UPSC 2012 The Prime Minister of India, at the time of his/her appointment:
- need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months
- need not necessarily be a member of one of the Houses of the Parliament but must become a member of the Lok Sabha within six months
- must be a member of one of the Houses of the Parliament
- must be a member of the Lok Sabha
Show answer
(a) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months. Either House, within six months. - UPSC 2007 Consider the following statements:
- Jawaharlal Nehru was in his fourth term as the Prime Minister of India at the time of his death.
- Jawaharlal Nehru represented Rae Bareilly constituency as a Member of Parliament.
- The first non-Congress Prime Minister of India assumed the office in the year 1977.
- 1 and 2
- 3 only
- 1 only
- 1 and 3
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(d) 1 and 3. Nehru represented Phulpur. Morarji Desai became PM in 1977. - UPSC 1997 If the Prime Minister of India belonged to the Upper House of Parliament:
- he will not be able to vote in his favour in the event of a no-confidence motion
- he will not be able to speak on the budget in the Lower House
- he can make statements only in the Upper House
- he has to become a member of the Lower House within six months after being sworn in
Show answer
(a) he will not be able to vote in his favour in the event of a no-confidence motion. He can speak in the Lok Sabha but cannot vote there. - UPSC 1996 Which one of the following statements about the duties of the Prime Minister is correct?
- Is free to choose his ministers only from among members of either House of the Parliament.
- Can choose his cabinet after consulting the President of India.
- Has full discretion in the choice of persons who are to serve as ministers in his cabinet.
- Has only limited power in the choice of his cabinet colleagues because of the discretionary powers vested in the President of India.
Show answer
(c) Has full discretion in the choice of persons who are to serve as ministers in his cabinet. The PM chooses ministers; he can also pick non-members, so (a) is wrong.
2. Council of Ministers
The bare text
Reading the text
- Clause (1A), added by the 91st Amendment (2003), caps the Council of Ministers at 15% of the Lok Sabha’s strength, including the PM.
- Clause (1B): a member disqualified for defection cannot be made a minister until re-elected. This closed a route by which defectors had been rewarded.
- “Collectively responsible to the House of the People”, the Lok Sabha only. The Rajya Sabha can question and criticise ministers but cannot remove them (UPSC 2007, 2013).
- Ranks such as Cabinet Minister, Minister of State and Deputy Minister are not in the Constitution. They come from practice and the Salaries and Allowances of Ministers Act (UPSC 2022).
The idea in brief
The Council of Ministers is the full team of ministers under the PM. It has three ranks: Cabinet Ministers (most senior), Ministers of State, and Deputy Ministers.
Think of it like thisThe Council of Ministers is like a team in a relay race: they wear one jersey, and if the team loses the race (a no-confidence vote), everyone leaves the field together.
Exam notes
| Article 74 | A Council of Ministers headed by the PM aids and advises the President; courts cannot inquire what advice was given |
| Article 75(1A) | Total ministers including the PM cannot exceed 15% of the Lok Sabha (91st Amendment, 2003) (PYQ 2007, 2009, 2022) |
| Article 75(1B) | A member disqualified for defection cannot be a minister until re-elected |
| Article 75(2) | Ministers hold office during the pleasure of the President (PYQ 2013) |
| Article 75(3) | Collectively responsible to the Lok Sabha (House of the People), not to Parliament as a whole (PYQ 2007, 2013) |
| Individual responsibility | A minister can be dismissed by the President on the PM’s advice |
| No legal responsibility | No rule that a minister must countersign the President’s orders (unlike Britain) |
| Prelims trap: The Constitution does not classify ministers into ranks; Cabinet Minister, Minister of State (Independent Charge), Minister of State and Deputy Minister come from convention and the Salaries and Allowances of Ministers Act (PYQ 2022). The word “Cabinet” appears only once, in Article 352 (added 1978). | |
| Point | Details |
|---|---|
| Oaths | Oath of office and of secrecy, administered by the President (Third Schedule) |
| Salaries | Salaries and Allowances of Ministers Act, 1952; ranks (Cabinet Minister, Minister of State with or without independent charge, Deputy Minister) come from practice |
| Parliamentary secretaries | Used in some States; Assam’s law was struck down in Bimolangshu Roy (2017) because States lack power to create such posts |
| Collective vs individual | Collective: whole Council resigns on losing Lok Sabha confidence. Individual: a minister holds office during the President’s pleasure (i.e., the PM’s wish) |
Remember it74 advise, 75 appoint, 75(1A) 15%, 75(3) collective to the Lok Sabha. Ranks (Cabinet, MoS, Deputy) are not in the Constitution; “Cabinet” appears only once, in Article 352.
Beyond the basics · ranker’s edge
| Point | Depth |
|---|---|
| Tribal welfare minister | Article 164(1) proviso: Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha must have one; Bihar was dropped by the 94th Amendment (2006) |
| State ministry floor | Article 164(1A): at least 12 ministers even in small States |
| Article 77 | (1) executive action in the President’s name; (3) President makes rules for the convenient transaction of business — the legal base of cabinet committees and allocation of business |
In depth: the story behind it and how UPSC asks it
The story behind it
Coalition governments in the 1990s produced very large ministries, sometimes over 70 members at the Centre and more in some States. Ministerial posts were used to hold coalitions together. The National Commission to Review the Working of the Constitution (2002) proposed a cap of 10%; the 91st Amendment (2003) settled on 15%.
How UPSC asks it
- UPSC 2022 Consider the following statements:
- The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
- The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(b) 2 only. Ranks come from convention, not the Constitution. The 15% cap is Article 75(1A). - UPSC 2013 Consider the following statements:
- The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
- The Union Ministers shall hold the office during the pleasure of the President of India.
- The Prime Minister shall communicate to the President about the proposals for legislation.
- 1 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
(b) 2 and 3 only. Collective responsibility is to the Lok Sabha, not Parliament. 2 is Article 75(2); 3 is Article 78. - UPSC 2007 Assertion (A): The Council of Ministers in the Union of India is collectively responsible both to the Lok Sabha and Rajya Sabha. Reason (R): The Members of both the Lok Sabha and the Rajya Sabha are eligible to be the Ministers of the Union Government.
- Both A and R are true and R is the correct explanation of A
- Both A and R are true but R is not a correct explanation of A
- A is true but R is false
- A is false but R is true
Show answer
(d) A is false but R is true. Collective responsibility is only to the Lok Sabha. Members of both Houses can be ministers.
3. Cabinet, cabinet committees and the Cabinet Secretariat
The bare text
Reading the text
- The word “Cabinet” appears in the Constitution in only one place: Article 352(3), added by the 44th Amendment (1978), defining the Union Cabinet as the PM and Cabinet-rank ministers. It was put there so that an Emergency could never again be declared on the PM’s word alone.
- Article 77(3) is the legal basis of the Government of India (Allocation of Business) Rules and (Transaction of Business) Rules. These create ministries and departments, and the Cabinet Secretariat works under them (UPSC 2009, 2014).
The idea in brief
The Cabinet is a smaller group of the most senior ministers. It takes the big decisions. To handle work faster, the PM sets up Cabinet committees (for example, on security, economic affairs, and appointments).
The Cabinet Secretariat, headed by the Cabinet Secretary (the senior-most civil servant), prepares the Cabinet’s agenda and coordinates ministries.
Exam notes
| Cabinet | Smaller body of senior ministers; the real centre of power. Not originally in the Constitution |
| Cabinet committees | Extra-constitutional; set up by the PM under the Rules of Business. Main ones: Political Affairs (“super cabinet”), Economic Affairs, Appointments (PM and Home Minister), Parliamentary Affairs, Security, Accommodation |
| Cabinet Secretariat | Under the PM; headed by the Cabinet Secretary. Prepares the agenda for Cabinet meetings and gives secretarial help to cabinet committees; does not allocate funds to ministries (PYQ 2014). The Cabinet Secretary chairs the Civil Services Board |
| Ministries | Created under the Allocation of Business Rules made by the President; business allotted to ministers by the President on the PM’s advice, not on the Cabinet Secretary’s (PYQ 2009). There were 18 ministries on 15 August 1947 (PYQ 2009) |
| Ministry of Parliamentary Affairs | Works under the Cabinet Committee on Parliamentary Affairs (PYQ 2003) |
| Body | Point |
|---|---|
| Cabinet Committees | Set up under the Transaction of Business Rules; PM chairs ACC, CCS, CCEA, CCPA (‘super cabinet’); Parliamentary Affairs committee chaired by another minister |
| ACC | PM and Home Minister |
| Cabinet Secretary | Head of the Civil Services Board and Committee of Secretaries; 2-year term, extendable |
| PMO | A department under the Allocation of Business Rules, headed by the Principal Secretary |
| Group of Ministers | Ad hoc groups set up for specific issues |
| Point | Details |
|---|---|
| Business rules | Government of India (Allocation of Business) Rules, 1961 and (Transaction of Business) Rules, 1961, under Article 77(3) |
| Cabinet Secretariat | Secretarial help to the Cabinet and its committees; coordination among ministries; monitors implementation of decisions |
| Groups of Ministers | Ad hoc GoMs and empowered GoMs set up for specific issues |
Remember itCabinet in the Constitution once; committees never. Committees come from the Business Rules under Article 77(3). ACC = PM + Home Minister. The Cabinet Secretariat coordinates; it does not allot funds.
Beyond the basics · ranker’s edge
| Point | Depth |
|---|---|
| Current cabinet committees | Eight: Appointments, Accommodation, Economic Affairs, Parliamentary Affairs, Political Affairs, Security, Investment and Growth, Employment and Skill Development (the last two since 2019) |
| Kitchen cabinet | Informal inner circle of the PM, often including non-ministers |
| Cabinet Secretary | T.V. Somanathan since August 2024; fixed tenure with extensions allowed under AIS rules |
| PMO | a department, not a constitutional body |
In depth: the story behind it and how UPSC asks it
The story behind it
Real decisions happen in a small circle. The full Council of Ministers rarely meets. The Cabinet takes major decisions, and much of its work is done by Cabinet committees such as Security, Economic Affairs, Political Affairs and Appointments, which the PM usually chairs. The Cabinet Secretariat, headed by the Cabinet Secretary, prepares agendas, records decisions and co-ordinates between ministries.
How UPSC asks it
- UPSC 2014 Which of the following is/are the function/functions of the Cabinet Secretariat?
- Preparation of agenda for Cabinet Meetings
- Secretariat assistance to Cabinet Committees
- Allocation of financial resources to the Ministries
- 1 only
- 2 and 3 only
- 1 and 2 only
- 1, 2 and 3
Show answer
(c) 1 and 2 only. Allocating funds is the Finance Ministry’s work, through the Budget. - UPSC 2014 Consider the following statements:
- The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
- All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(a) 1 only. Article 77: action is taken in the name of the President, who also makes the rules of business. - UPSC 2009 With reference to Union Government, consider the following statements:
- The Ministries and Departments of the Government of India are created by the Prime Minister on the advice of the Cabinet Secretary.
- Each of the ministries is assigned to a Minister by the President of India on the advice of the Prime Minister.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(b) 2 only. Ministries are created by the President under the Allocation of Business Rules (on the PM’s advice), not by the PM on the Cabinet Secretary’s advice. - UPSC 2009 With reference to Union Government, consider the following statements:
- Number of Ministries at the Centre on 15th August 1947 was 18.
- Number of Ministries at the Centre at present is 36.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(a) 1 only. There were 18 ministries in 1947. The number of ministries in 2009 was well above 36.
4. Quick revision and traps
Exam notes
| 15% | Maximum size of the Council of Ministers (States: also 15%, minimum 12) |
| Lok Sabha | Collective responsibility is to the Lok Sabha only |
| Six months | A non-member can be PM or minister for six months |
| Article 78 | PM’s duties towards the President |
Beyond the basics · ranker’s edge
| PYQ pattern | How to prepare |
|---|---|
| Article 74, 75, 77, 78 statements | One line per clause |
| Constitutional vs extra-constitutional | Cabinet committees, Deputy PM, PMO, GoMs are all extra-constitutional |