Prime Minister of India

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Prime Minister of India

Prime Minister

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In India’s parliamentary system, the Prime Minister (PM) is the real executive authority and the head of the government, while the President is the nominal executive (also called the de jure executive) or constitutional head of state.
In simpler terms:
- The President is the head of the State.
- The Prime Minister is the head of the Government.
- 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.

Appointment of the Prime Minister

The Constitution (Article 75) states that the Prime Minister shall be appointed by the President, but it does not lay down a detailed procedure.
Despite the constitutional silence, parliamentary conventions govern the process of appointment.
General Rule
- The President appoints the leader of the majority party in the Lok Sabha as the Prime Minister.
- This is a constitutional convention followed in parliamentary democracies.
Situations of Presidential Discretion
- When no party has a clear majority in the Lok Sabha:
  - The President uses personal discretion to appoint the Prime Minister.
  - Usually, the leader of the largest party or coalition is appointed and is asked to prove majority support in the Lok Sabha within a month.
  - This was first done in 1979, when President Neelam Sanjiva Reddy appointed Charan Singh after the fall of Morarji Desai’s government.
- When the sitting Prime Minister dies suddenly and no obvious successor is available:
  - The President may exercise individual judgment.
  - 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).

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.

Powers and Functions of the Prime Minister

In Relation to the Council of Ministers
- As the head of the Union Council of Ministers, the Prime Minister holds the following powers:
  - Recommends appointment of ministers to the President. The President can only appoint those recommended by the Prime Minister.
  - Allocates and reshuffles portfolios among ministers.
  - Can ask a minister to resign or advise the President to dismiss them in case of disagreement.
  - Presides over meetings of the Council of Ministers and influences decisions.
  - 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.
In Relation to the President
- The Prime Minister serves as the chief link between the President and the Council of Ministers:
- It is the PM’s constitutional duty to:
  - 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.

The Prime Minister occupies a central and dynamic position in India’s constitutional and political framework. As the chief architect of policy, the coordinator of ministries, the voice of the nation, and the chief executive, the PM embodies the spirit of democratic accountability. However, this powerful position is ultimately grounded in majority support in the Lok Sabha, ensuring that executive authority remains answerable to the people’s representatives.

FAQs

Q 1. Who appoints the Prime Minister of India?

The President of India appoints the PM, usually the leader of the majority party in the Lok Sabha.

Q 2. Can a Rajya Sabha member become Prime Minister?

Yes. Examples include Indira Gandhi (1966) and Dr. Manmohan Singh (2004).

Q 3.Does the Prime Minister have a fixed term?

No. The PM serves as long as he/she enjoys the confidence of the Lok Sabha. There is no fixed tenure.

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