Public Notes

Indian Democracy in 100 Notes · 📜 Theme 1: Constitution & institutions

The President, the Prime Minister and the Council of Ministers: who decides what

Note 005 of 100 · 2 min read · Fact-checked 1 November 2026 · Not legal advice

India follows a parliamentary system. The President is the constitutional head of the Union, while the real executive work is done by the Council of Ministers headed by the Prime Minister. Understanding that split is essential to reading Indian politics without confusion.

Under Article 53, executive power of the Union is vested in the President and exercised in accordance with the Constitution. Under Article 74, there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, who acts in accordance with that advice. The President may ask the Council to reconsider its advice once, but must act in accordance with the advice given after reconsideration.

Under Article 75, the President appoints the Prime Minister, and other ministers are appointed by the President on the Prime Minister's advice. The Council of Ministers is collectively responsible to the Lok Sabha: if it loses the confidence of the House, it must resign. Since the 91st Amendment (2003), the Council, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.

The office includes assent to bills and appointment powers, exercised within constitutional limits and, ordinarily, on ministerial advice. The Prime Minister, under Article 78, is the channel of communication to the President, informing the President of Council decisions and furnishing information the President calls for.

The President of India, Smt. Droupadi Murmu, accorded a ceremonial welcome to the President of the Russian Federation, Mr. Vladimir Putin, at Rashtrapati Bhavan in New Delhi on December 05, 2025.jpg
The President of India, Smt. Droupadi Murmu, accorded a ceremonial welcome to the President of the Russian Federation, Mr. Vladimir Putin, at Rashtrapati Bhavan in New Delhi on December 05, 2025.jpg — Source: Wikimedia Commons — Licence: Government Open Data License – India (GODL-India), as stated on the Commons page.

Key takeaways

  • The President is the formal head; the Prime Minister and Council are the real executive in a parliamentary system.
  • Article 74 makes ministerial advice binding after any single reconsideration request.
  • Collective responsibility to the Lok Sabha is the core democratic check on the executive.

Why it matters for civil studies: It helps you judge whether a decision should be attributed to the President, the Prime Minister, or the Council as a whole — and who is politically accountable for it.

Discussion question: In a hung Parliament, what principles should guide the President's choice of whom to invite to form a government?

Fact-checked copy, 1 November 2026. Disputed claims are attributed in the text; moving topics should be re-checked at the time of reading.