CDS Polity · Government Structure — Parliament, Judiciary and Constitutional Bodies
Prime Minister, Ministers and Law Officers
How the Council of Ministers is formed and how big it may be, why it answers to the Lok Sabha, how a no-confidence motion works, and the Attorney General.
Why this matters
Eight CDS questions from 2018 to 2025. Two ask about the no-confidence motion (2021 and 2025) and three about the Articles that build the Council of Ministers (74 to 78). The size cap, 15 per cent of the Lok Sabha, is the number to know exactly.
Concept 1 of 3: The Council of Ministers
The President is the formal head, but the real work of government is done by the Prime Minister and the ministers. The Constitution makes them answer to the Lok Sabha, the House the people elect, and caps their number so that a government cannot reward every supporter with a ministry.
Definition
Articles 74 to 78:
- Article 74: a Council of Ministers headed by the Prime Minister aids and advises the President. Since the 42nd Amendment (1976) the President must act on that advice; since the 44th (1978) the President may send it back once for reconsideration.
- Article 75(1): the President appoints the Prime Minister, and the other ministers on the Prime Minister's advice.
- Article 75(1A), added by the 91st Amendment (2003): the total number of ministers, the Prime Minister included, may not exceed 15 per cent of the total members of the Lok Sabha.
- Article 75(3): the Council is collectively responsible to the Lok Sabha.
- Article 75(5): a person who is not an MP can be made a minister, but must become a member of either House within six consecutive months.
- Article 77: all executive action is taken in the name of the President. Article 78: the Prime Minister must tell the President all decisions of the Council and give any information the President asks for.
| Article | What it says |
|---|---|
| 74 | The Council of Ministers aids and advises the President |
| 75(1A) | Ministers may number at most 15 per cent of the Lok Sabha's strength |
| 75(3) | The Council is collectively responsible to the Lok Sabha |
| 75(5) | A non-member may be a minister for six months without a seatQ CDS 2021 (I): 'a person from outside Parliament can never be appointed to the Cabinet' is the wrong description. |
| 77 | Executive action is taken in the President's name |
| 78 | The Prime Minister keeps the President informed of the Council's decisionsQ CDS 2022 (I): the Article requiring the Prime Minister to furnish information to the President is 78. |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2019 · CDS (II) 2019 — General Knowledge · Q26Moderate
Example 1 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Prime Minister, Ministers and Law Officers
The total number of members in the Union Council of Ministers in India shall not exceed
Fifteen per cent of the Lok Sabha
The cap on ministers is 15 per cent of the Lok Sabha's total strength. Options that say 10 per cent, or that count the members of both Houses of Parliament, are wrong.
A minister without a seat, for six months
A person outside Parliament can be made a minister, Prime Minister included, but must become an MP within six consecutive months. 'Never' and 'only after election' are both wrong.
Concept 2 of 3: No-confidence and censure motions
Because the ministers stand or fall together, the Lok Sabha does not vote out a single minister: it says whether it still trusts the whole government. That is the no-confidence motion. A censure motion is milder: it criticises the government for something specific, so it has to say what.
Definition
The two motions:
- A no-confidence motion is moved only in the Lok Sabha, because the Council of Ministers is responsible to the Lok Sabha alone. The Rajya Sabha cannot entertain one.
- It is moved against the whole Council of Ministers, never one minister.
- It need not state reasons, and is admitted if 50 members support it.
- If it is passed, the whole Council of Ministers must resign.
- A censure motion must state its grounds. It may be against one minister, a group of ministers or the whole Council. If it passes, the government is not bound to resign, though it should seek the House's confidence.
| Point | No-confidence motion | Censure motion |
|---|---|---|
| Must it give reasons? | No | Yes |
| Against whom? | The whole Council of Ministers | A minister, a group of ministers or the whole CouncilQ CDS 2021 (I): a no-confidence motion is moved against the Council of Ministers, not one minister or the Prime Minister alone. |
| If passed | The Council of Ministers must resign | The government need not resign |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2025 · CDS (II) 2025 — General Knowledge · Q7Hard
Example 2 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Prime Minister, Ministers and Law Officers
Which one of the following statements about 'Motions' in the Parliament of India is correct ?
No reasons for no-confidence
A no-confidence motion need not give any reason. A censure motion must. Options that swap the two are the usual trap.
Concept 3 of 3: The Attorney General and Solicitor General
The government needs its own lawyer. The Attorney General is the top one, and the Constitution creates the office. He is paid a fee for the government's cases but is not a government servant, so he may still take private cases that are not against the government.
Definition
The Attorney General (Article 76):
- Appointed by the President; must be qualified to be a Judge of the Supreme Court; holds office during the pleasure of the President.
- The first law officer of the Government of India.
- Not a full-time counsel and not a government servant, so private practice is allowed (not against the Government of India).
- May speak in either House of Parliament and its committees, but has no vote (Article 88). Gets the privileges of an MP (Article 105(4)).
The Solicitor General is the second law officer and assists the Attorney General. The post is not created by the Constitution. Appointments are made through the Appointments Committee of the Cabinet. A State's law officer is the Advocate General (Article 165).
| Point | Attorney General | Solicitor General |
|---|---|---|
| Rank | First law officer | Second law officerQ CDS 2018 (I): the false statement was that the Attorney General is a whole-time counsel for the Government. |
| Source of the office | Article 76 of the Constitution | Not in the Constitution |
| Qualification | Fit to be a Supreme Court judge | Set by the appointment rules |
| Right to speak in Parliament | Yes, but no vote | No |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2018 · CDS (I) 2018 — General Knowledge · Q85Moderate
Example 3 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Prime Minister, Ministers and Law Officers
Which of the following statements about Attorney General of India is/are not correct?
1. He is the first Law Officer of the Government of India.
2. He is entitled to the privileges of a Member of the Parliament.
3. He is a whole-time counsel for the Government.
4. He must have the same qualifications as are required to be a judge of the Supreme Court.
Select the correct answer using the code given below.
The Attorney General may practise privately
The Attorney General is not a full-time counsel or a government servant, so he keeps a private practice. He may not appear against the Government of India.
Only one law officer is in the Constitution
The Attorney General (Article 76) is a constitutional office. The Solicitor General is not, and is the second law officer, not the chief legal adviser.
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (3)
The Council of Ministers6 rows
| Article | What it says |
|---|---|
| 74 | The Council of Ministers aids and advises the President |
| 75(1A) | Ministers may number at most 15 per cent of the Lok Sabha's strength |
| 75(3) | The Council is collectively responsible to the Lok Sabha |
| 75(5) | A non-member may be a minister for six months without a seatQ CDS 2021 (I): 'a person from outside Parliament can never be appointed to the Cabinet' is the wrong description. |
| 77 | Executive action is taken in the President's name |
| 78 | The Prime Minister keeps the President informed of the Council's decisionsQ CDS 2022 (I): the Article requiring the Prime Minister to furnish information to the President is 78. |
No-confidence and censure motions3 rows
| Point | No-confidence motion | Censure motion |
|---|---|---|
| Must it give reasons? | No | Yes |
| Against whom? | The whole Council of Ministers | A minister, a group of ministers or the whole CouncilQ CDS 2021 (I): a no-confidence motion is moved against the Council of Ministers, not one minister or the Prime Minister alone. |
| If passed | The Council of Ministers must resign | The government need not resign |
The Attorney General and Solicitor General4 rows
| Point | Attorney General | Solicitor General |
|---|---|---|
| Rank | First law officer | Second law officerQ CDS 2018 (I): the false statement was that the Attorney General is a whole-time counsel for the Government. |
| Source of the office | Article 76 of the Constitution | Not in the Constitution |
| Qualification | Fit to be a Supreme Court judge | Set by the appointment rules |
| Right to speak in Parliament | Yes, but no vote | No |
Watch out for (5)
- Fifteen per cent of the Lok Sabha→ The Council of Ministers
- A minister without a seat, for six months→ The Council of Ministers
- No reasons for no-confidence→ No-confidence and censure motions
- The Attorney General may practise privately→ The Attorney General and Solicitor General
- Only one law officer is in the Constitution→ The Attorney General and Solicitor General
Test yourself on Government Structure — Parliament, Judiciary and Constitutional Bodies
20 past CDS questions from this chapter, timed at 20 minutes and marked the way the exam marks it. You see your score and every answer the moment you finish. Free to start.