Constitutional text

(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. (2) The Ministers shall hold office during the pleasure of the President. (3) The Council of Ministers shall be collectively responsible to the House of the People.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

Collective responsibility, the doctrine that the entire Cabinet stands or falls together, was inherited from the Westminster tradition. A minister who disagrees with a Cabinet decision must resign or stay silent; if the Cabinet loses a confidence vote, all ministers must resign. The Constituent Assembly chose collective responsibility over individual ministerial accountability to the legislature (the American model) because it creates stronger cohesion in government.

Amendments

  • 91st Amendment (2003) Inserted clause (1A) capping the total number of ministers (including PM) at 15% of the total membership of the Lok Sabha; inserted clause (1B) disqualifying defectors from holding ministerial office.

Key Supreme Court cases

Shamsher Singh v. State of Punjab (1974)

Held that the President and Governors must act on the aid and advice of the Council of Ministers in all matters within their respective executive powers; largely ceremonial heads cannot act independently.

Related articles

Last reviewed: 3 July 2026