Unit II — The Executive & Legislature

“There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.” — Article 74(1)

The Union & State Executive — President and Governor

The President (Union) and Governor (State) are the nominal/constitutional heads; real executive power rests with the Council of Ministers.

Article 74(1): the President “shall, in the exercise of his functions, act in accordance with” the advice of the Council of Ministers (binding since the 42nd/44th Amendments, with one round of return permitted).

In Simple Terms: the President and Governor normally act on ministerial advice; their genuine personal discretion is narrow — chiefly choosing a PM/CM in a hung house, and a few reserve situations. The Governor’s discretionary role (Art. 163) and central appointment make that office the more contested.

Cases: Shamsher Singh v. State of Punjab (1974) — the President/Governor is a constitutional head bound by advice; U.N.R. Rao v. Indira Gandhi (1971) — there must always be a Council of Ministers, even after dissolution; Nabam Rebia v. Deputy Speaker (2016) — limits on the Governor’s discretion.

Parliament & State Legislature

flowchart TD
    A["Parliament"]:::root
    A --> B["Lok Sabha (House of the People)<br/>directly elected; supreme on<br/>Money Bills & govt survival"]:::leaf
    A --> C["Rajya Sabha (Council of States)<br/>represents States; permanent<br/>revising chamber (no dissolution)"]:::leaf
    A --> D["President<br/>(integral part of Parliament —<br/>assent, summons, ordinances)"]:::leaf

    classDef root fill:#FFF8DC,stroke:#333,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Parliament is bicameral: the directly-elected Lok Sabha, supreme on Money Bills (Art. 110) and on the government’s survival, and the Rajya Sabha, a permanent State-representing revising chamber. Their functions: legislation, control of finance (the Money-Bill procedure), executive accountability (questions, motions, no-confidence) and constitutional amendment. State legislatures mirror this (Legislative Assembly, and a Council where it exists).

Council of Ministers — Collective Responsibility

Article 75(3): “The Council of Ministers shall be collectively responsible to the House of the People.”

Collective responsibility means the Ministry governs as a team that stands or falls together — a loss of confidence in the Lok Sabha brings down the whole Council, and Ministers must publicly support Cabinet decisions. The Prime Minister is the real head of the executive (the linchpin between President, Cabinet and Parliament); the Chief Minister plays the same role in a State.

✏️ Sample Solved Problem (IRAC Method)

Problem: The President dissolves the Lok Sabha, but the Prime Minister continues in office with his Ministry. A citizen challenges the continuance, arguing the PM has ceased to be a member of Parliament. Decide.

I — Issue

Whether the Prime Minister and Council of Ministers can lawfully continue in office after the Lok Sabha is dissolved.

R — Rule

Article 74(1) requires that there “shall be a Council of Ministers” to aid and advise the President — the word is mandatory.
U.N.R. Rao v. Indira Gandhi (1971): the Council of Ministers does not cease on dissolution of the Lok Sabha; it continues until a new House meets and a new Ministry is formed — otherwise the President would be left to govern alone, which the Constitution does not permit.
A non-member may remain a Minister for up to six months (Art. 75(5)).

A — Analysis

The decoy is the premise that dissolution vacates the PM’s office. It does not: governance cannot stop in the interregnum between one Lok Sabha and the next, so the outgoing Council continues in a caretaker capacity to advise the President and run the country until the new House is constituted. The PM’s loss of his seat on dissolution does not disqualify him during this gap, especially within the Art. 75(5) cushion.

C — Conclusion

The continuance is valid. Under Article 74(1) and U.N.R. Rao, the Prime Minister and Council of Ministers lawfully continue after dissolution until the new Lok Sabha meets; the challenge fails.

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