11 Jul The President and the Council of Ministers / Prime Minister
President_and_Council_of_Ministers_UPSC_Law.docx
Previous Year Questions (PYQs) Covered
The document maps out model answers for the following abridged UPSC questions:
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2024 (15 Marks, Q2c): Relationship between the President and the Council of Ministers under the parliamentary system (Anchor: Arts. 74 & 75).
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2015 (15 Marks, Q2a): “PM is the keystone of the Cabinet arch” critically examine (Anchor: Arts. 74 & 75).
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2012 (10 Marks, Q1c): ‘Individual’ and ‘collective’ responsibility; consequence of misfeasance by a Minister (Anchor: Art. 75).
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2011 (20 Marks, Q4b): Duties of the PM regarding furnishing information to the President (Anchor: Art. 78).
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2006: “Collective responsibility is the very basis of Parliamentary government” agree? Impact of coalition politics (Anchor: Art. 75(3)).
Core Constitutional Provisions Highlighted
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Article 53(1): Executive power of the Union is formally vested in the President.
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Article 74(1): Mandates a Council of Ministers (CoM) with the PM at the head to “aid and advise” the President; advice is binding, subject to a one-time reconsideration request (44th Amendment).
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Article 74(2): Non-justiciability/confidentiality of the advice tendered to the President.
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Article 75(1): Appointment mechanics of the PM and other Ministers.
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Article 75(1B): Total strength of CoM capped at 15% of Lok Sabha strength (91st Amendment, 2003).
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Article 75(2): Ministers hold office during the pleasure of the President.
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Article 75(3): Textual basis for the collective responsibility of the CoM to the Lok Sabha.
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Article 77: Rules for the transaction and allocation of government business expressed in the President’s name.
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Article 78: Communication channel; duties of the PM to furnish information and report to the President.
Landmark Case Law Spine
The document outlines a sequential matrix of essential judicial precedents:
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Ram Jawaya Kapur v. State of Punjab (1955): Establishes the President as the formal/constitutional head and the CoM/Cabinet as the real executive.
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U.N.R. Rao v. Indira Gandhi (1971): Mandates that the CoM must exist at all times, even after Lok Sabha dissolution.
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Shamsher Singh v. State of Punjab (1974): 7-Judge Bench affirming the Westminster model; the ‘satisfaction’ of the President is the satisfaction of the CoM. It outlines the British convention of the right to be consulted, encourage, and warn.
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S.R. Bommai & Rameshwar Prasad (VI) v. Union of India: Protects the confidentiality of the ‘advice’ itself under Art. 74(2), but opens the underlying factual ‘material’ to judicial scrutiny.
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State of Karnataka v. Union of India: Clarifies that collective responsibility does not shield individual Ministers from personal liability for corruption or favoritism.
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Common Cause I & II: Outlines the tort of misfeasance in public office, noting it strictly requires proof of malice or bad faith.
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Kaushal Kishor v. State of Uttar Pradesh (2023): Dictates that collective responsibility is a political concept and does not automatically attribute a Minister’s personal statements to the entire government.
Document Structure & Revision Tools
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Part A: Conceptual framework detailing the twin-executive structure (Formal vs. Real) and codification of Westminster conventions.
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Part B: In-depth model answers targeting the explicit analytical sub-questions of past UPSC papers.
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Part C: A quick revision sheet containing one-line bulleted facts and explicit high-scoring answer-writing strategies (e.g., separating collective and individual responsibilities, citing the amendment history of Art. 74(1), and using Shamsher Singh as a re-usable line).
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