The Union executive: President, Prime Minister and Council of Ministers
The Council of Ministers, led by the Prime Minister, advises the head of state and answers to the Lok Sabha.
What the paper can ask
- Article 74: the head of state acts in accordance with the Council's advice, may ask for it to be reconsidered once, and must then act on the advice given; courts cannot inquire into what advice was given.
- The Council of Ministers, including the PM, cannot exceed 15 percent of the Lok Sabha's membership; a member disqualified for defection cannot be made a minister.
- The Council is collectively responsible to the Lok Sabha; a minister who is not a member of either House for six consecutive months ceases to be a minister.
- Nehru took oath as the first Prime Minister on 15 August 1947; 14 different people have held the office (not counting acting PMs); Narendra Modi has served since 26 May 2014. (as of 23 Oct 2026)
Why exams ask
Setters ask how the Council of Ministers relates to the head of state, how it is limited in size, and to whom it is answerable.
The full story
India's executive is parliamentary. Real day to day power sits with a Council of Ministers headed by the Prime Minister, who aid and advise the head of state under Article 74. That advice is binding, with one chance to send it back. Ministers hold office during the head of state's pleasure and answer to the Lok Sabha.
Test yourself
1.Under the Constitution, the executive power of the Union is vested in
Correct. Article 53(1) vests the executive power of the Union in the President, to be exercised directly or through officers subordinate to him, on the aid and advice of the Council of Ministers (Article 74).
Not quite. Article 53(1) vests the executive power of the Union in the President, to be exercised directly or through officers subordinate to him, on the aid and advice of the Council of Ministers (Article 74). It goes into your error book.
2.The Prime Minister is appointed by the President under which Article?
Correct. Article 75(1): the Prime Minister shall be appointed by the President and the other Ministers on the advice of the Prime Minister. Article 74 provides for the Council of Ministers.
Not quite. Article 75(1): the Prime Minister shall be appointed by the President and the other Ministers on the advice of the Prime Minister. Article 74 provides for the Council of Ministers. It goes into your error book.
3.Which amendment made it compulsory for the President to act on the advice of the Council of Ministers?
Correct. The 42nd Amendment amended Article 74(1) to say the President 'shall' act in accordance with the advice; the 44th Amendment added that the President may require reconsideration once.
Not quite. The 42nd Amendment amended Article 74(1) to say the President 'shall' act in accordance with the advice; the 44th Amendment added that the President may require reconsideration once. It goes into your error book.