Pariksha SaathiLesson 6 of 10 · Indian Polity and Constitution
Prime Minister, Council of Ministers and the Attorney General
Drafted with AI assistance and fact-checked on 28 October 2026; not yet read line by line by a human editor. Spotted a mistake? Tell us. Editorial standards & corrections
The real executive
In India's parliamentary system the President is the nominal head and the Council of Ministers headed by the Prime Minister is the real executive. Article 74 provides the Council to aid and advise the President, and no court can inquire into the advice given. Under Article 75 the President appoints the Prime Minister, and other ministers on the Prime Minister's advice; ministers hold office during the President's pleasure; the Council is collectively responsible to the Lok Sabha; and a minister who is not a member of either House for 6 consecutive months ceases to be a minister. Article 77 says all executive action is taken in the President's name. Article 78 makes it the Prime Minister's duty to communicate the Council's decisions to the President and furnish information the President asks for.
Appointing the Prime Minister
By convention the President appoints the leader of the majority party or coalition in the Lok Sabha. When no party has a clear majority, the President uses personal judgement and may ask the appointee to prove a majority within a set time; this was first done in 1979, when Charan Singh was appointed. A non-member can be appointed for 6 months, and the Prime Minister may belong to either House; Indira Gandhi (1966), I.K. Gujral (1997) and Manmohan Singh (2004) were Rajya Sabha members when they took office. Jawaharlal Nehru was the first Prime Minister and held office from 1947 until his death in 1964, Gulzarilal Nanda was interim Prime Minister twice (1964 and 1966), and Morarji Desai headed the first non-Congress government (1977). The death or resignation of the Prime Minister dissolves the Council. The post of Deputy Prime Minister is not in the Constitution; Vallabhbhai Patel was the first to hold it.
Collective and individual responsibility
Collective responsibility (Article 75(3)) means the Council stands or falls together: if the Lok Sabha passes a no-confidence motion, all ministers, including those from the Rajya Sabha, must resign. Cabinet decisions bind every minister, and one who cannot accept a decision must resign. Individual responsibility (Article 75(2)) flows from the President's pleasure: the President can dismiss a minister on the Prime Minister's advice. Unlike Britain, India has no legal responsibility of ministers, since no minister has to countersign the President's orders. Ministers take the oaths of office and secrecy before the President in the forms given in the Third Schedule.
Size limit and ranks
The 91st Amendment (2003) added Article 75(1A): the total number of ministers, including the Prime Minister, must not exceed 15 per cent of the total strength of the Lok Sabha. Article 164(1A) applies the same limit to states, with a minimum of 12 ministers. The Amendment also barred a legislator disqualified for defection from becoming a minister, and deleted the Tenth Schedule's protection for a split by one-third of a legislature party. The Council has three ranks: Cabinet ministers, Ministers of State (with independent charge or attached to Cabinet ministers) and Deputy Ministers. The Cabinet is the smaller core of the Council; the word cabinet appears in the Constitution only in Article 352, where the 44th Amendment (1978) put it.
Cabinet committees
Cabinet committees are extra-constitutional bodies set up under the Government of India (Transaction of Business) Rules 1961; the Prime Minister decides their number and membership. They may be standing or ad hoc and reduce the Cabinet's workload. Well-known examples are the Cabinet Committee on Political Affairs, often called a super-cabinet, the Cabinet Committee on Economic Affairs, the Appointments Committee of the Cabinet and the Cabinet Committee on Security. An informal inner circle of advisers around the Prime Minister is called the kitchen cabinet.
Attorney General for India
Article 76 creates the office of the Attorney General, the highest law officer of the country. The President appoints a person qualified to be a Supreme Court judge. The Constitution fixes neither the term nor the procedure for removal; the Attorney General holds office during the President's pleasure and receives the remuneration the President decides. The duties are to advise the Government of India on legal matters and perform legal duties the President assigns. The Attorney General has the right of audience in all courts in India and, under Article 88, may speak and take part in the proceedings of both Houses, their joint sitting and any committee, but cannot vote; Article 105 gives the Attorney General the privileges of a member of Parliament. The Attorney General is not a member of the Cabinet and may take private practice, but not against the Government of India. M.C. Setalvad was the first Attorney General.
Solicitor General and Advocate General
The Solicitor General and the Additional Solicitors General assist the Attorney General, but these offices are not mentioned in the Constitution; their service conditions come from the Law Officers (Conditions of Service) Rules 1987. The state counterpart of the Attorney General is the Advocate General (Article 165), appointed by the Governor from persons qualified to be High Court judges and holding office during the Governor's pleasure; under Article 177 the Advocate General can speak in the state legislature but cannot vote.
Key facts
- Article 74: Council of Ministers with the Prime Minister at its head to aid and advise the President; Article 75(3): collective responsibility to the Lok Sabha.
- 91st Amendment (2003): ministers including the PM at most 15 per cent of Lok Sabha strength; in a state at most 15 per cent of the assembly, with a minimum of 12.
- A person who is not an MP can be a minister or even PM for 6 months, within which he must become a member of either House.
- First use of presidential discretion in choosing a PM: Charan Singh, 1979; first non-Congress PM: Morarji Desai, 1977.
- PMs who were Rajya Sabha members when appointed: Indira Gandhi (1966), I.K. Gujral (1997), Manmohan Singh (2004).
- The word cabinet appears in the Constitution only once, in Article 352, added there by the 44th Amendment (1978).
- Cabinet committees are extra-constitutional, set up under the Transaction of Business Rules 1961; the Cabinet Committee on Political Affairs is called the super-cabinet.
- Attorney General (Article 76): qualified as a Supreme Court judge, holds office during the President's pleasure, may speak in Parliament but not vote (Article 88); the first was M.C. Setalvad.
- Solicitor General: not a constitutional office; Advocate General of a state: Article 165, appointed by the Governor, may speak in the state legislature (Article 177).
Quick revision
Arts 74-78: PM heads Council of Ministers, appointed by President; collective responsibility to Lok Sabha (75(3)); non-member may serve 6 months; 91st Amendment 2003: 15% cap, state minimum 12; Cabinet ministers, Ministers of State, Deputy Ministers; word cabinet only in Art 352; cabinet committees under 1961 Rules; Attorney General Art 76, audience in all courts, speaks in Parliament without vote (Art 88); Advocate General Art 165.