The appointment and removal of the Central Council of Ministers in India are outlined in the Indian Constitution, primarily in Articles 74, 75, and related provisions.
Appointment of Prime Minister:
Article 75(1): The President appoints the Prime Minister. The appointment is usually made from the leader of the political party or coalition that commands a majority in the Lok Sabha (House of the People).
Process:
- After general elections, the leader of the majority party or coalition is invited by the President to form the government.
- The leader becomes the Prime Minister designate.
- The Prime Minister designate recommends the names of individuals to be appointed as ministers.
Criteria:
- The Prime Minister should be a member of either House of Parliament. However, in practice, they are usually a member of the Lok Sabha.
Appointment of Other Ministers:
Article 75(1): The other ministers are appointed by the President on the advice of the Prime Minister.
Process:
- The Prime Minister recommends the names of individuals to be appointed as ministers in the Council of Ministers.
- The President formally appoints the ministers based on the Prime Minister’s advice.
- The portfolios are assigned to individual ministers.
Collective Responsibility:
Article 75(3): The Council of Ministers is collectively responsible to the Lok Sabha.
Explanation:
- The principle of collective responsibility means that the Council of Ministers, including the Prime Minister, is collectively accountable to the Lok Sabha for its policies and actions.
- If the Lok Sabha passes a vote of no-confidence, the entire Council of Ministers, including the Prime Minister, may be required to resign.
Tenure and Dismissal:
Article 75(2): The Ministers hold office during the pleasure of the President.
Explanation:
- The ministers, including the Prime Minister, serve at the pleasure of the President. They can be dismissed at any time if the President, on the advice of the Prime Minister, believes it is necessary.
Resignation:
Voluntary Resignation:
- Ministers, including the Prime Minister, can resign voluntarily. The resignation is submitted to the President.
Vote of No-Confidence:
- If the government, led by the Prime Minister, loses a vote of no-confidence in the Lok Sabha, it may lead to the resignation of the entire Council of Ministers.
Dissolution of Lok Sabha:
Article 75(2): If the Prime Minister advises the President to dissolve the Lok Sabha and call for fresh general elections, the President is bound by this advice.
Explanation:
- The dissolution of the Lok Sabha, leading to fresh elections, is a prerogative of the Prime Minister. If the Prime Minister believes that holding new elections is in the best interest, they can advise the President to dissolve the Lok Sabha.
Conclusion:
The appointment and removal of the Central Council of Ministers in India are integral to the functioning of the parliamentary system. The President appoints the Prime Minister and other ministers on the advice of the Prime Minister. The collective responsibility of the Council of Ministers to the Lok Sabha and the discretionary power of the President ensure a dynamic and accountable executive branch in the Indian government.
