Question

According to Article 74(1), who is at the head of the Council of Ministers?

• A. Speaker of the House
• B. Prime Minister
• C. Chief Justice
• D. President

Answer 1

Answer:

B. Prime Minister

Article 74(1) of the Indian Constitution

• Article 74(1) of the Constitution of India states that there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President in the exercise of his functions.
• This article establishes the role of the Prime Minister as the chief executive head of the government in India.
• The Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
• The President acts in accordance with the advice tendered by the Council of Ministers, headed by the Prime Minister, except in cases where the President may act in his discretion (which are very limited).
• The Prime Minister is appointed by the President, and other ministers are appointed by the President on the advice of the Prime Minister.
• The strength of the Council of Ministers is not specified in the Constitution but is determined by the Prime Minister based on political considerations and is subject to a constitutional amendment (91st Amendment Act, 2003) which limits the strength of the Council of Ministers to not more than 15% of the total members of the Lok Sabha.
• The Prime Minister is the principal channel of communication between the President and the Council of Ministers.
• This constitutional provision reflects the parliamentary system of government adopted from the British model, where the executive is drawn from and accountable to the legislature.