Central Council of Ministers

Article 74 — Council of Ministers to Aid and Advise the President

• Council of Ministers: There is a council of ministers led by the Prime Minister, which aids and advises the President in carrying out their functions.

• President's Action: The President is required to act according to the advice given by the council of ministers. This requirement is binding on the President, as stipulated by the 42nd and 44th Constitutional Amendment Acts.

• Reconsideration of Advice: The President may ask the council of ministers to reconsider their advice, but the President must act according to the reconsidered advice.

• Confidentiality of Advice: The advice provided by the ministers to the President cannot be subject to judicial scrutiny in any court.

Article 75 — Other Provisions Regarding Ministers

• Prime Minister's Appointment: The Prime Minister is appointed by the President, while the other ministers are appointed based on the Prime Minister's advice.

• Limit on Council Size: The total number of ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha, as established by the 91st Amendment Act of 2003.

• Disqualification: A member of either House of Parliament disqualified for defection is also disqualified from being appointed as a minister (91st Amendment Act).

• Ministerial Tenure: Ministers hold office during the pleasure of the President.

• Collective Responsibility: The council of ministers is collectively responsible to the Lok Sabha.

• Oaths: The President administers the oaths of office and secrecy to the ministers.

• Parliamentary Membership: A minister who is not a member of either House of Parliament for six consecutive months must cease to be a minister.

• Salaries and Allowances: The Parliament determines the salaries and allowances of the ministers.

Article 77 — Conduct of Business of the Government of India

• Presidential Name: All executive action of the Government of India must be expressed to be taken in the name of the President.

• Authentication: Orders and other instruments executed in the President's name must be authenticated according to rules set by the President.

• Rules for Business: The President establishes rules for the efficient transaction of government business and allocates business among the ministers.

Article 78 — Duties of Prime Minister

• Communication: The Prime Minister is tasked with communicating all decisions of the council of ministers related to Union administration and legislative proposals to the President.

• Information: The Prime Minister must provide any information regarding the Union administration and legislative proposals as the President may request.

• Submission to Council: If the President requires it, the Prime Minister must submit for council of ministers' consideration any decision made by a minister that has not been previously considered by the council.