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Executive of the Union-The Prime Minister and the Union Council of Ministers

Executive of the Union-The Prime Minister and the Union Council of Ministers

The Prime Minister is a leader of the government and the head of an executive branch of the government in a parliamentary or semi-presidential system whereas the council of ministers are the ministers who are associated with certain branches or organs of the government such as health, defence, agriculture, foreign etc.

Eligibility criteria:

Must be a citizen of India.

He must be prima facie a member of either  Lok Sabha or the Rajya sabha. When a person is appointed as the prime minister of India and he is neither member of Rajya sabha or Lok sabha. In that case, he should become a member of any one of the parliamentary houses within 6 months.

He must be above the age of 25 years if a member of Lok sabha and above 30 years of age if a member of Rajya Sabha.

Must not hold any office of profit under the government of India. 

Council of ministers:

On the recommendation of the prime minister any member of parliament can become a minister. There is no educational qualification provided in the constitution of India.

Must be a citizen of India.

Must be above the age of 25 if a member of Lok Sabha or 30 years of age if a member of Rajya sabha.

Must have all the qualification needed to become a member of parliament

Election:

Prime minister

According to article 75 of the Indian constitution, the Prime Minister of India is not directly elected by the people of India. He is chosen from the political party which has an absolute majority in Lok Sabha. The prime minister of India is appointed by the  president. So it can be said that the Prime Minister is indirectly appointed by the people of India.

Council of ministers:

According to article 75 of the Indian constitution, the council of ministers are appointed by the president on the advice of the Prime Minister. The nominations of ministers rests with the prime minister of India. 

Functions:

Prime minister:

Chief advisor of president 

Head of various important organization such as Niti Aayog, public grievances and pensions, department of space etc.

Assigns various ministries to various ministers. 

Council of ministers:

Formulation of policies 

Administration and maintenance of public order 

Appointments of the Advocate General, public commissioners and vice-chancellor of state universities.

Guiding the legislatures 

Control over state exchequer 

Execution of central laws and decisions of the union government

Removal from office

Article 75(2) states that ministers hold office during the pleasure of the president. The term minister also includes the prime minister of India. However, Lok sabha and the lower house of the parliament should have confidence in the prime minister. In that case, the Prime Minister can be removed by “vote of no confidence” in which case a simple majority of members of Lok sabha can terminate the Prime Minister from his position before the tenure of the Lok Sabha. In the 72 years of history, only three prime ministers have been removed by this procedure. They were I.K Gujaral, H.D Deve Gowda and Atal Bihari Vajpayee. And also, the Prime Minister of India can resign from this position of his own will. The only prime minister to do it was Monarji Desai. 

Conclusion:

If the Prime Minister is the executive head of the nation then the council of ministers are the backbone on which the executive function of the country stands. Though it lies in the hands of the president and the Prime Minister elects a council of ministers, their role also is equally important. Council of Ministers are an integral part of any political party and they are responsible for the good governing party. They formulate various policies and guide the legislature which leads to a smooth running government which ultimately results in smooth running countries.