The Union Executive: The President And Vice-President

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Question
ICSEENIHC10005019

The makers of our Constitution adopted the Parliamentary and the Cabinet form of Government. With reference to this, answer the following questions:


a. i.Who is the Constitutional Head of the Union Government?

ii.What is meant by the Collective and Individual Responsibility of the Members  of the Cabinet?

Solution

i. The President.
ii. 
Collective Responsibility: Article 75(3) of the constitution provides for the collective responsibility of Council of Minister to the LS. It means that they enjoy the majority support of LS. If any decision of CoM is defeated in LS, entire Council of Minister shall have to resign even if decision is related to a single ministry. It means every decision taken by government is collectively approved by Council of Minister. All ministers defend it both within and outside the Parliament.

Individual Responsibility: Article 75(2)- the ministers shall hold office during the pleasure of President. So as per Article 75(2) of the constitution, ministers are also individually responsible to the President. This means ministers hold office during the pleasure of the President. They can be removed from Council of Minister without assigning a reason. However they can only be removed after PM advised the President to do so.

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Question
ICSEENIHC10005020

The makers of our Constitution adopted the Parliamentary and the Cabinet form of Government. With reference to this, answer the following questions:

b. Explain briefly the position and powers of the Prime Minister in relation to the cabinet?

Solution

The position and powers of the Prime Minister:

(i) It is he who presides over meetings of the cabinet and determines what business shall be transacted at these meetings. He can change the personnel of the cabinet at any time by demanding a minister's resignation or having him dismissed by the President.

All major appointments of the Union Government are virtually made by the Prime Minister and all the major decision-making bodies likes the Union Cabinet, Planning Commission, Cabinet Committee functions under his supervision and direction.

(ii)  Article 78 of the constitution defines the duties of the Prime Minister, and in the discharge of those duties reacts as a link between the President and the cabinet.

(iii)  The Prime Minister is the leader of the Parliament. He determines the dates of its meetings, as also its programmes for the session. He decides when the Houses is to be prorogued or dissolved. He is the chief spokesman of the Government in the House and it is he who usually keeps it informed about the Government's intentions.

Question
ICSEENIHC10005021

The makers of our Constitution adopted the Parliamentary and the Cabinet form of Government. With reference to this, answer the following questions:

c. Distinguish  between the cabinet and the Council of Ministers.

Solution

The differences:

(i) Union Cabinet is the highest decision making executive in India while Council of Ministers the highest political functionaries of India. Only the Cabinet ministers take part in the meetings of the cabinet. Other ministers attend only when specially asked by the Prime Minister.

(ii) Union Cabinet meet every week or as demanded. Council of Ministers meets only on emergency situations. Otherwise, ministers of State rank can be called by Prime Minister to discuss any matter as he decides.

(iii) Cabinet Committee on Security can be manned by only Cabinet members. It is the highest decision-making body on security issues. All important ministries are headed by a Cabinet minister. 

Question
ICSEENIHC10005036

Who administers the oath of office to the Council of Ministers?

Solution

The President.