Prime Minister

Prime Minister

• The Prime Minister of India is the head of the Indian government. According to Article 75, the President appoints the Prime Minister. The Prime Minister can be a representative of either of the two houses in the Indian Parliament, According to the norms of the parliamentary form of government, the President must designate the leader of the majority party in the Lok Sabha as Prime Minister. According to the Constitution, the Prime Minister may serve in either of the two Houses of Parliament.
• The Prime Minister is in charge of the government. The President appoints him. He can serve in either the Lok Sabha or the Rajya Sabha. As with the Prime Minister, the President should appoint the leader of the majority party or coalition parties. He serves as an intermediary between the President and the Council of Ministers. He is the Political head of Civil Servants.
• "If any functionary under our constitution is to be compared to the President of the United States, he is the Prime Minister, not the President of the Union," said B.R. Ambedkar.

Constitutional Position of India's Prime Minister

• The prime minister serves as the head of government as well as the true executive of the Indian system.
• According to Article 74, "there shall be a Council of Ministers, with the Prime Minister at its head, to assist and advise the President."
• Three points are mentioned in Article 75:
• The President appoints the Prime Minister, and the President appoints other ministers on the advice of the Prime Minister.
• Ministers serve at the pleasure of the President, and the Council of Ministers is collectively accountable to the Lok Sabha.
• Article 78 states that the Prime Minister communicates all decisions made by the council of members to the President.
• The President may also refer issues to the council of members for consideration.

Qualifications

• He must be an Indian citizen.
• He must be a member of either the Rajya Sabha or the Lok Sabha when he takes the oath, or he must be a member of any house within six months.
• If he is a Rajya Sabha member, he must be 30 years old; if he is a Lok Sabha member, he must be 25 years old.

Appointment of Prime Minister

• The Prime Minister is appointed by the President in an indirect election.
• Under the parliamentary form of government, the President must appoint the leader of the majority party in the Lok Sabha as Prime Minister.
• If no party has a clear majority in the Lok Sabha, the President may choose and appoint the Prime Minister at his discretion.
• In such a case, the President usually appoints the Prime Minister as the leader of the most powerful party or coalition in the Lok Sabha and instructs him to seek a vote of confidence in the House within a month.
• The President exercised this authority for the first time in 1979 when Neelam Sanjiva Reddy (then President) appointed Charan Singh (the coalition leader) as Prime Minister following the fall of Morarji Desai's Janata Party administration.
• In one more case, the president may be forced to use his discretion in selecting and appointing the Prime Minister.
• However, if the ruling party elects a new leader following the death of an existing Prime Minister, the President is forced to appoint him as Prime Minister.
• (After Indira Gandhi's death, then-President Zail Singh appointed Rajiv Gandhi as Prime Minister).
• The Prime Minister may serve in either of the two Houses of Parliament, according to the Constitution.
• Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2000), for example, were Rajya Sabha members (2004).

Oath, Term, And Salary

• The President administers the oaths of office and confidentiality to him.
• In his oath of office, the Prime Minister swears allegiance to the Indian constitution.
• India's sovereignty and integrity must be preserved.
• to faithfully and conscientiously discharge the duties of his office and to do right to all people under the Constitution and the law, without fear, favour or ill will.
• In his oath of secrecy, the Prime Minister swears not to reveal any matter brought before him as a Union Minister unless necessary for the proper discharge of duties.
• The Prime Minister's term is not fixed, and he serves at the pleasure of the President. However, the President cannot dismiss the Prime Minister as long as he has a majority in the Lok Sabha.
• In the event of a loss of confidence (majority) in the Lok Sabha, the Prime Minister must resign or be dismissed by the President.
• The Prime Minister's salary and allowances are set by Parliament regularly. The Prime Minister is paid the same salary and allowances as a member of Parliament.
• The "Oath of Secrecy" should be replaced with the "Oath of Transparency," according to the Second ARC.

The Schools Of Thought

• PM is more like a coordinating function than a 'primus inter pares' (first among equals). Coalition Prime Ministers, for example, are close to this school of thought.
• PM as 'inter stellas luna minores' (a moon among lesser stars)à Instead of a "Cabinet Government," we have a "Prime Ministerial" government. For example, the governments of Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi, and Narendra Modi.
• However, B. Vajpayee was a notable exception to both schools of thought and was regarded as a hybrid of both.

Factors Impacting The Prime Minister's Position In India

• The Prime Minister is the chairperson of the Cabinet, CoM, and important cabinet committees.
• The resignation or death of an incumbent PM automatically dissolves the CoM, creating a void.
• Any other minister's resignation or death, on the other hand, simply creates a vacancy that the PM may or may not want to fill.
• He is the chairperson of several powerful organisations, including NITI Aayog, the National Integration Council (NIC), Inter-State Councils (ISC), and the National Water Resource Council.
• He is the Union government's chief spokesman.
• He is the leader of the ruling party. PM is commonly associated with his party. ("The PM is the party, and the party is the PM").
• He is the services' political leader.

Collective Responsibility

• Collective responsibility is a parliamentary system constitutional convention that requires cabinet members to openly support all governmental decisions made in Cabinet, even if they do not agree with them privately.
• It has long been a guiding precept of India's parliamentary government.
• Collective responsibility implies that council ministers have the authority to make decisions for their respective departments.
• It also implies that they will be held accountable to the parliament if any consequences arise.
• The Principle of Collective Responsibility is the cornerstone of the Parliamentary form of government.
• Collective accountability is viewed as a factor that ensures central government ministers face the consequences of their actions and charges.
• Article 75 (3) and Article 164 are critical articles that ensure ministers have individual decision-making authority (3).
• Collective responsibility has two fundamental components.
• The first is the idea that ministers should be able to have open and honest discussions before reaching a decision, and that these discussions should be kept private.
• Second, once a cabinet position is agreed upon, all ministers must either vote with the government or resign from their positions.

Provisions of the Constitution

• Article 75 deals with the President appointing the Prime Minister, as well as the President appointing other ministers on the Prime Minister's recommendation.
• Ministers are appointed by the President for the duration of his or her term in office.
• Article 75(3) of the Indian Constitution states that the Council of Ministers is collectively responsible to the House of People.
• According to Article 164 (3) of the Constitution, "before a Minister begins his office, the Governor shall administer to him the oaths of office and secrecy in the forms set out in the Third Schedule."

Power And Functions Of The Prime Minister

Concerning the President

• The PM is the primary means of communication between the President and the CoM (Art. 78).
• The Prime Minister must communicate to the President all decisions (Art. 78) of the CoM, to provide information relating to the administration of the Union's affairs and legislative proposals as the President may request, and to submit for the consideration of the CoM any matter on which a minister has made a decision but which has not been considered by the council.
• PM advises the President about the appointment of important officials like the Attorney General of India, Comptroller and Auditor General of India, Chairperson and members of UPSC and so on.

Concerning the Council of Ministers:

• PM recommends persons who can be appointed as ministers by the President.
• The President can only appoint ministers who have been recommended by the Prime Minister.
• He assigns and reassigns various portfolios to ministers.
• In the event of a disagreement, he can ask a minister to resign or advise the President to dismiss him.
• He presides over CoM meetings and influences their decisions.
• He directs, supervises, and coordinates the activities of all ministers.
• His death or resignation from office could lead to the CoM's demise.

Concerning the Parliament

• The Prime Minister is the leader of the Lower House (Lok Sabha).
• He advises the President on the summoning and proroguing of Parliamentary sessions.
• He has the authority to recommend to the President the dissolution of the Lok Sabha at any time.
• On the House floor, he announces government policies.

Regarding the Cabinet 

• The PM assembles the cabinet and assigns portfolios.
• He calls a cabinet meeting and decides on the agenda.
• It is the Prime Minister's right to consult with anyone on any matter he sees fit, and it is also his right to act unilaterally on occasion.

In terms of international Affairs:

• PM has personally directed this domain.
• If the Prime Minister is respected by international communities, he will gain more respect at home.
• He has a significant impact on the country's foreign policy.

Concerning the Planning

• During emergencies, he serves as the chief crisis manager at the political level.
• He is the President of the National Disaster Management Authority.

Concerning The Cabinet Committees

• Cabinet Committees are formed by the Prime Minister and are led by him when he is a member.
• Cabinet Committee on Political Affairs (also known as the "Super-Cabinet") - Prime Minister
• PM's Cabinet Committee on Economic Affairs
• Cabinet Appointments Committee - PM

Other Functions and Powers of the Prime Minister

• In addition to the three major roles mentioned above, the Prime Minister has several other responsibilities. They are as follows:
• The Prime Minister chairs the Governing Council of NITI Aayog, the National Integration Council, the Inter-State Council, and the National Water Resources Council.
• He has a significant impact on the country's foreign policy.
• He is the Union government's chief spokesman.
• During emergencies, he serves as the chief crisis manager at the political level.
• As the nation's leader, he meets with various groups of people in various states and receives memoranda about their problems, among other things.
• He is the leader of the ruling party.
• He is the services' political leader.

• Constitutional Provisions at Glance