Prime Minister heads the Council of Ministers

Based on the provided text from the Constitution of India and the excerpt by Granville Austin, here's an explanation of the Prime Minister of India and the Council of Ministers:

The Prime Minister heads the Council of Ministers, which is the real executive authority under the Indian Constitution. The relevant articles establish their roles, appointment, and responsibilities.

1. Role and Relationship with the President:

* Article 74(1): States that "There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice."

* Granville Austin's context highlights that the Constituent Assembly adopted the British cabinet system intending the President to be a constitutional head acting on the advice of the Council of Ministers.

* Article 74 (Proviso): Allows the President to "require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration."

* Article 74(2): Stipulates that "The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court."

2. Appointment:

* Article 75(1): States that "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."

3. Composition and Size of the Council of Ministers:

* Article 75(1A): (Inserted by the 91st Amendment) Limits the total number of Ministers, including the Prime Minister, in the Council of Ministers to "not exceed fifteen per cent. of the total number of members of the House of the People."

* Article 75(1B): (Inserted by the 91st Amendment) States that a member of either House of Parliament disqualified under the Tenth Schedule (for defection) shall also be disqualified to be appointed as a Minister.

4. Tenure:

* Article 75(2): States that "The Ministers shall hold office during the pleasure of the President." (In practice, this pleasure is exercised on the advice of the Prime Minister, and the Council of Ministers collectively holds office as long as it commands the confidence of the House of the People).

* Article 75(5): States that "A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister."

5. Collective Responsibility:

* Article 75(3): States the fundamental principle that "The Council of Ministers shall be collectively responsible to the House of the People."

* Austin notes that the Assembly included this crucial principle to ensure a responsible and democratic Executive.

6. Oaths and Salaries:

* Article 75(4): Requires the President to administer oaths of office and secrecy to Ministers before they enter office, according to the forms set out in the Third Schedule.

* Article 75(6): States that the salaries and allowances of Ministers shall be determined by Parliament by law, and until then, shall be as specified in the Second Schedule.

In summary, the Constitution establishes the Prime Minister as the head of the Council of Ministers, appointed by the President. The Council advises the President, who is bound by their advice (subject to reconsideration). The Ministers are appointed by the President on the PM's advice, their numbers are limited, they hold office during the President's pleasure, are individually responsible to the President, and are collectively responsible to the House of the People.