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Unit 7: Constitutional Structure: Executive

However, there is some scope for monarch to exercise his discretion in this regard either to start or Notes
confirm a healthy practice, or to solve a major crisis. For instance, the monarch chose Ramsay MacDonald
in 1931 in preference to Asquith although the Labour Party had behind it only about 1/3 of the members
of the Commons. So, in 1940 the King chose Winston Churchill (not Neville Chamberlain) on the
conviction that during the times of national crisis only a man like him would be able to requisition the
support of the Conservatives as well as of most of the Labour members of the House of Commons. In
both these cases, the choice of the monarch was appreciated by the people. However, it all happened
under ‘exceptional’ circumstances, otherwise a constitutional monarch is expected to exercise his
prerogative in a way that his motives are taken as ‘sincere’ by the people of the country. Herbert
Morrison’s assessment is appealing that the sovereign’s choice “has much constitutional significance’.
The choice may be a very delicate one and involve embarrassing complications. The sovereign would,
of course, take all relevant considerations into account, and be at great pains not only to be constitutionally
correct, but make every effort to see that the correctness is likely to be generally recognised.”
Functions and Powers: The functions and powers of the Prime Minister not described in any law or
any written part of the constitution but forming part of the world of unwritten maxims of the
constitution are vast that make him capable of acting like an ‘autocrat’ in certain respects.
1. Soon after his appointment, the Prime Minister makes the list of his ministers specifying their
portfolios. In this direction, he is caught up by some strong considerations which are of a political
as well as personal nature. He has to include the names of his most loyal friends who constitute
his ‘inner cabinet’; then he takes those important men of his party who are the leaders of various
groups and without their support it may not be possible for him to maintain unity and solidarity
in the ranks of the party; then, the aspect of merit and competence has its own part and the
Prime Minister pays due attention to the long experience and efficiency of his colleagues who
would keep his government running well. In addition to these powerful considerations, the
Prime Minister sees that various geographical areas of the country are, as far as possible, fairly
represented; that some ministers are taken from the House of Lords and that some room is
given to the men of younger generations in order to arrange for their political training. He
cannot increase the total number of his ministers beyond 91.
2. If the Prime Minister is the maker of his government, he is also its unmaker. He may change the
portfolios of his ministers and drop any offending colleague just by the hint of his displeasure.
It has almost become like a theoretical proposition that the ministers act during the pleasure of
the Parliament and the sovereign: the actual position is that they continue in office during the
pleasure of the Prime Minister. This reason prompts Laski to say that the Prime Minister is
‘central to the life and death of his ministers.’
3. The Prime Minister is not only the leader of the government, he is also the leader of the party.
As such, he enjoys double leadership making his position unassailable on either front. When
elections take place, the personality of the leader counts above all and a victory of the leadership
is a reward given to him in the form of, what is called, the mandate of the people. Laski thus
aptly suggests that a general election “is nothing so much as a plebiscite between two alternative
Prime Ministers.”
4. The Prime Minister is the dispenser of great offices. Apart from ministerial assignments, many
other high officials like ambassadors, Lord Chancellor, Justices, Chairmen and members of the
statutory commissions etc. are appointed by the monarch on the recommendation of the Prime
Minister. The monarch is also the dispenser of justice and for this he appoints the judges,
including Lord Justice of Appeals, on the advice of the Prime Minister.
5. The Prime Minister is the chief policy-maker. He convenes and presides over the meetings of
the Cabinet. He decides as to what the Cabinet shall deliberate and discuss.
6. The Prime Minister acts as the general supervisor of government and co-ordinator of various
departments. He sees to it that there is no rift among his ministers and if a matter comes up, he
sees that it is amicably settled. There are various committees of the Cabinet, permanent and
adhoc, which do the work of maintaining harmony and co-ordination. The Prime Minister may
act as the chairman of any committee for this purpose.

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