The Prime Minister and his Council of Ministers formulate and implement the policies which govern the country. In this context, answer the following questions:
Under what circumstances can the President use his discretion to appoint the Prime Minister? On whose advice does he appoint the Council of Ministers?
Topic: Discretionary power of the President
Answer
The President may use his discretion when NO SINGLE PARTY secures an absolute majority in the Lok Sabha — a hung house — so that there is no obvious leader to invite. He may also use it when a serving Prime Minister dies suddenly in office and the ruling party has not yet chosen a successor.
The Council of Ministers is appointed by the President on the ADVICE OF THE PRIME MINISTER.
One mark for each half. On the first, the essential words are that no party has a MAJORITY — normally the President has no choice at all and must call the leader of the majority party. On the second, note the constitutional pattern: the President appoints the Prime Minister (using discretion only in the rare case above), and then appoints every other minister on the Prime Minister’s advice. That is why the Prime Minister is said to MAKE the Cabinet.