This distinction lies at the heart of India’s parliamentary democracy where the Council of Ministers, led by the Prime Minister, holds actual power, while the President functions as a constitutional figurehead.
Example: In 1984, after Indira Gandhi’s assassination, President Zail Singh appointed Rajiv Gandhi as Prime Minister without electing a caretaker PM first. He was later unanimously elected leader of the Congress Parliamentary Party.
Judicial Interpretations
The Delhi High Court (1980) ruled that a person need not prove majority support before being appointed Prime Minister. The President may appoint first and ask the PM to prove majority later.
This method was used for Charan Singh (1979), V.P. Singh (1989), Chandrasekhar (1990), P.V. Narasimha Rao (1991), A.B. Vajpayee (1996 & 1998), Deve Gowda (1996), and I.K. Gujral (1997).
The Supreme Court (1997) clarified that a person who is not a Member of Parliament can still be appointed as Prime Minister, but must become a member of either House within six months, failing which, they cease to hold office.
House Membership Requirement
The Prime Minister can be a member of either the Lok Sabha or the Rajya Sabha.
Examples:
Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004) were Rajya Sabha members.
In contrast, the British Prime Minister must be a member of the House of Commons (Lower House).
Categories
Oath, Term, and Salary of the Prime Minister
Oath of Office and Secrecy
Before assuming office, the Prime Minister takes two oaths — administered by the President of India:
Oath of Office: The Prime Minister swears:
To bear true faith and allegiance to the Constitution of India
To uphold the sovereignty and integrity of India.
To faithfully and conscientiously discharge the duties of the office.
To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.
Oath of Secrecy: The Prime Minister swears:
Not to directly or indirectly communicate or reveal any matter brought under his consideration or known to him as a Union Minister, except as may be required for the due discharge of his duties as such minister.
Term of the Prime Minister
The Prime Minister’s term is not fixed by the Constitution.
He holds office during the pleasure of the President, which in a parliamentary democracy means:
The PM remains in office as long as he enjoys the confidence of the Lok Sabha.
If the Prime Minister loses the majority support in the Lok Sabha, he must resign or can be dismissed by the President.
Salary and Allowances
The Prime Minister’s salary and allowances are determined by Parliament from time to time.
He receives:
Salary and allowances equal to those of an MP,
Sumptuary allowance (raised from ₹1,500 to ₹3,000/month in 2001),
Free official residence,
Travel and medical facilities, and
Other perks and allowances appropriate to the office.
Guides, directs, coordinates, and supervises the work of all ministers.
He can bring about the collapse of the council of ministers by resigning from office.
The resignation or death of the Prime Minister dissolves the entire Council of Ministers, whereas the resignation or death of any other minister creates only a vacancy.
Communicate decisions of the Council to the President.
Furnish information on Union affairs and legislation when requested.
Submit matters for the Council’s consideration, on which a decision has been taken by a minister but which has not been considered by the council,if the President so requires.
Advises the President on key appointments such as:
Attorney General of India
Comptroller and Auditor General (CAG)
Chairman and members of UPSC
Election Commissioners
Chairman and members of the Finance Commission
In Relation to Parliament
As the leader of the Lower House (Lok Sabha), the Prime Minister:
Advises the President on summoning, proroguing sessions of Parliament.
Can recommend dissolution of the Lok Sabha at any time.
Announces government policies and programs on the floor of the House.
Other Powers and Roles
In addition to the constitutional and administrative roles, the Prime Minister performs several other important functions:
Chairman of key national bodies such as:
NITI Aayog
National Integration Council
Inter-State Council
National Water Resources Council, etc.
Shapes the foreign policy of India.
Acts as the chief spokesperson of the Union Government.
Serves as the crisis manager-in-chief during national emergencies.
Engages with public opinion, receives delegations and listens to regional concerns.
Acts as the leader of the party in power at the national level.
Functions as the political head of the armed forces and civil services.
