Prime Minister of India

• The Prime Minister of India is the leader of the executive of the Government of India.
• The prime minister is also the chief adviser to the President of India and head of the Council of Ministers.
• India follows a parliamentary system in which the prime minister is the presiding head of the government and chief of the executive of the government.
• A prime minister is expected to work with other central ministers to ensure the passage of bills by the parliament.

Constitutional Framework and Position of Prime Minister

• The Constitution envisions the President of India as the head of state; in terms of Article 53 with office of the Prime Minister of India being the head of Council of Ministers to assist and advise the president in the discharge of his/her constitutional functions.
• Like most parliamentary democracies, the president’s duties are mostly ceremonial as long as the constitution and the rule of law is obeyed by the cabinet and the legislature.
• The Prime Minister of India is the head of government and has the responsibility for executive power.
• The president’s constitutional duty is to preserve, protect and defend the Constitution.

Appointment of the Prime Minister

• Constitution does not contain any specific procedure for selection and appointment of the Prime Minister.
• Article 75 says Prime Minister shall be appointed by President.
• The President, in accordance to the Parliamentary System, appoints the leader of Majority Party in the Lok Sabha as the Prime Minister.
• When there is no clear majority, it is up to the President’s discretion in the selection and appointment of the Prime Minister. In such cases, usually the leader of single largest party is appointed as Prime Minister and he is asked to seek a vote of confidence in the House within a month.
• Constitutionally, the Prime Minister may be a member of any of the two Houses of parliament.
• In 1997, Supreme Court held that a person who is not a member of either houses of Parliament can be appointed as Prime Minister of India provided that he becomes the Member of Parliament within 6 months.
• A minister who is not a member of the Parliament for any 6 consecutive months shall cease to be a minister.

Oath of the Prime Minister of India

• Oath of Office and Oath of Secrecy is administered by President.
• In his oath of office, the Prime Minister swears –
  1. To bear true faith and allegiance to the Constitution of India.
  2. To uphold the sovereignty and integrity of India.
  3. To faithfully and conscientiously discharge the duties of his office.
  4. To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

• In his oath of secrecy, the Prime Minister swears –

He will not directly or indirectly communicate or reveal to any person(s) any matter that is brought under his consideration or becomes known to him as a Union Minister except as may be required for the due discharge of his duties as such minister.

Term of Prime Minister

• Term of the Prime Minister is not fixed and he holds office during the pleasure of the president.
• As long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President.
• However, if he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him.

Powers and Functions of the Prime Minister

• The Prime Minister performs many significant functions in the Indian political system and exercises vast powers to his advantage. He is the chief executive of the nation and works as head of union Government.

In Relation to Council of Ministers

• • Prime Minister is the Head of the Union Council of Ministers and have following powers –
    1. Recommends the persons who can be appointed as minister by the President. The President can appoint only those persons as minister as recommended by Prime Minister.
    2. Allocates and reshuffles various portfolios among the ministers.
    3. He can ask a minister to resign or advise the President to dismiss him in case of difference of opinion.
    4. He also presides over the meeting of the Council of Ministers and can change the decisions according to his wishes.
    5. He also controls and directs the activities of all Ministers.
    6. He can bring about the collapse of the Council of Ministers by resigning from office.

In Relation to the President

• • • In relation to the President, Prime Minister enjoys the following Powers –
      1. Prime Minister is the link of Communication between the President and the council of Ministers. It is duty of Prime minister to –
         • • Communicate to President all decision of the council of ministers relating administration and proposal of legislation.
           • To furnish such information as the President may call for.
           • If the president requires consideration of Council of Minister on any matter.
      2. He advices the President with regard to appointment of important officials like –
         • • The Comptroller and Auditor General of India
           • Attorney-General of India
           • Solicitor General of India
           • President of the Union Public Service Commission and its members
           • Election Commissioners
           • Chairman and Members of the Finance Commission

In Relation to Parliament

• • • He is the Leader of Lower House. He enjoys the following Powers –
      1. 1. Advises the President with regard to summoning and proroguing of the sessions of the Parliament.
         2. Recommend dissolution of the Lok Sabha to President at any time.
         3. Announces government policies on the floor of the House.

Other Powers & Functions

• • • He is the Chairman of the NITI Aayog, National Development Council, National Integration Council, Inter-State Council and National Water Resource Council.
    • Plays a significant role in shaping the foreign policy of the country.
    • Chief spokesman of the Union government.
    • Crisis manager-in-chief at the political level during emergencies.
    • Leader of the party in power.
    • Political head of the services.

Relationship with the President

• The relationship between the President and the Prime Minister is given in the following articles –

Article 74 

There shall be a Council of Ministers to help and advice the President of India. The President shall work as per the instructions given by the Prime Minister but president has the power to request the council of minister to reconsider the advice. Although the president is bound to work as per the advice given after the reconsideration.

Article 75

1. 1. The president will appoint the Prime Minister and other ministers shall be appointed by the president on the advice tendered by the Prime Minister.
   2. The Ministers can remain on his post till the pleasure of the President.
   3. The Council of Ministers shall be collectively responsible to the Lok Sabha.

Article 78

• • It shall be the duty of the Prime Minister –
    1. to communicate to the President all decisions of the council of ministers relating to the administration of the affairs of the Union and proposals for legislation
    2. to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for
    3. if the President so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

Duties of Prime Minister of India

According to Article 78, Duties of Prime Minister of India includes –

1. 1. Submit the report of all the affairs of the Council of Ministers to the President.
   2. Give full information to the President regarding any emergency situation or any sudden development in the foreign policy.
   3. Inform the President on all the decisions of the Council of Ministers related to the activities and administration of the Union.

Thus, the Prime Minister plays a very significant and highly crucial role in the politico-administrative system of the country.

Dr B R Ambedkar had stated – ‘If any functionary under our constitution is to be compared with the US president, he is the Prime Minister and not the president of the Union’.

List of Prime Minister of India till date – Click Here

So, this was all about the Prime Minister of India and his functions and Powers etc.

In the Next Post (Click Here), we will discuss about the Central Council of Ministers and Cabinet.