The Prime Minister of India

Introduction:

The Prime Minister of India is the head of the government of the Republic of India. In the
parliamentary form of government established by the constitution, the Prime Minister is the
actual executive power (de facto executive), while the President serves as the de facto executive
authority (de jure executive). According to Article 75 of the Indian Constitution, the Prime
Minister of the nation shall be chosen by the Indian people in general elections and shall be
appointed by the President. Thus, he serves as the representative of the people. This article
explains the Powers and Functions of the Prime Minister which is important for UPSC
Indian Polity Preparation.

The Prime Minister of India

• In the parliamentary system of government provided by the constitution, the

President is the nominal executive authority (de jure executive) and Prime Minister is
the real executive authority (de facto executive).
• In other words, the President is the head of the State while the Prime Minister is the
head of the government.
• The Constitution does not contain any specific procedure for the selection and
appointment of the Prime Minister.
• Article 75 says only that the Prime Minister shall be appointed by the President.
• The Prime Minister presides over the Cabinet. At the Center, he and the Council of
Ministers comprise the executive power.
• The salary and allowances of the Prime Minister are determined by the Parliament from
time to time.
• He/she gets the salary and allowances that are payable to a member of Parliament.
• According to the Constitution, the Prime Minister may serve in either of the two
Houses of Parliament.
• Three Prime Ministers, for example, were Rajya Sabha members: Indira Gandhi (1966),
Deve Gowda (1996), and Manmohan Singh (2004).
• In Britain, however, the Prime Minister should unquestionably be a member of the
Lower House (House of Commons).

Powers and Functions of The Prime Minister

In Relation to the Council of Ministers

• The Prime Minister enjoys the following powers as head of the Union council of
ministers:
• The Prime Minister enjoys the following powers as head of the Union council of
ministers:
 • He/she recommends persons who can be appointed as ministers by the president.
The President can appoint only those persons as ministers who are recommended by
the Prime Minister.
• He/she allocates and reshuffles various portfolios among the ministers.
• He/she can ask a minister to resign or advise the President to dismiss him in case
of a difference of opinion.
• He/she presides over the meeting of the council of ministers and influences its
decisions.
• He/she guides, directs, controls, and coordinates the activities of all the ministers.
• He/she can bring about the collapse of the council of ministers by resigning from
office.
• The resignation or death of an Prime Minister automatically dissolves the council
of ministers and thereby generates a vacuum while the resignation or death of any other
minister, on the other hand, merely creates a vacancy which the Prime Minister may or
may not like to fill.

In Relation to the President

• The Prime Minister enjoys the following powers in relation to the President:
• He/she is the principal channel of communication between the President and the
council of ministers. It is the duty of the prime minister:
o Article 74 states there will be a council of ministers, led by the Prime Minister,
to assist and advise the President, who shall act in accordance with such advice
in the performance of his powers.
o The President may, however, request that the council of ministers review such
advice, and the President shall act in line with the advice offered after such
reconsideration.
o Article 78 specifies that all decisions of the Council of Ministers related to the
administration of the Union's affairs and legislative initiatives must be
communicated to the President.
o Provide such information about the administration of Union affairs and
legislative initiatives as the President may request.
o If the President so directs, to present to the council of ministers any topic on
which a minister has made a decision but which has not been reviewed by the
council.
• He/she advises the president with regard to the appointment of important
officials like attorney general of India, Comptroller and Auditor General of India,
chairman and members of the UPSC, election commissioners, chairman and members
of the finance commission, and so on.

In Relation to the Parliament

• The Prime Minister is the leader of the Lower House. And thus he/she enjoys the
following powers:
 • He advises the President with regard to summoning and proroguing of the sessions
of the Parliament.
• He can recommend the dissolution of the Lok Sabha to the President at any time.
• He announces government policies on the floor of the House.

Other Powers and Functions

• He/she is the chairman of the NITI Ayog (which succeeded the planning
commission), National Integration Council, InterS tate Council, National Water
Resources Council, and some other bodies.
• He plays a significant role in shaping the foreign policy of the country.
• He is the chief spokesman of the Union government.
• He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the nation, he meets various sections of people in different states and
receives memoranda from them regarding their problems, and so on.
• He is the leader of the party in power and is the political head of the services.

Tenure of Prime Minister

• The Prime Minister's term is not fixed.

• The Prime Minister's complete tenure is five years, which corresponds to the usual life
of the Lok Sabha.
• However, if he loses the vote of confidence in the Lower House, his term might expire
sooner.
• As a result, he may be regarded to be in power as long as the Lok Sabha has faith in
him.
• He can resign in writing to the President as well. The Prime Minister's position has no
term limitations. There is no formal retirement age either.

Limitations of Power
Limitations To The Power Of Prime Minister

• Vote of no confidence: Under the Parliamentary system of government, the Prime

Minister is not performing to the satisfaction of the Members of Parliament and not
meeting the aspirations for which he was put there, they could pass a vote of no
confidence in him.
• Under such a situation, the Prime Minister must resign. The fear of being pushed out
of power serves as a limitation to his powers.
• Toeing the party line: The party, to which the Prime Minister belongs, has an ideology
and policies manifesto they would like to implement.
• The Prime Minister can, therefore, not act outside the policies that the party professes.
• Advice from the head of State: From time to time, the Head of State may advise the
Prime Minister on one issue or the other.
 • He or she may draw the attention of the Prime Minister to certain pertinent issues
confronting the country. In that sense, the Head of State serves as a limitation to the
Prime Minister.
• Public opinion: The Prime Minister could be influenced by the public.
• This may happen when he leads the introduction of a policy that the public thinks is
inimical to their interest.
• Also, the prime minister counseling may not want to be in the news for the wrong
reasons. In that sense, he is limited by the opinions of the public.

Misuse of Power
Misuse Of Power By Prime Minister

• Shah Commission Report: It was a commission of inquiry appointed by the

Government of India in 1977 to inquire into all the excesses committed in the Indian
Emergency (1975 - 77).
• The commission stated that the decision to impose Emergency was made by prime
minister Indira Gandhi alone, without consulting her cabinet colleagues, and was
not justified.
• To check the misuse of power by Prime Ministers, the Lokpal has been provided the
jurisdiction to inquire into allegations of corruption against anyone who is or has
been Prime Minister.
• But there is a problem that it cannot inquire into any corruption charge against the Prime
Minister if the allegations are related to international relations, external and internal
security, and public order, unless a full Bench of the Lokpal, consisting of its chair and
all members, considers the initiation of a probe, and at least two-thirds of the members
approve it.

Conclusion
Conclusion

The Prime Minister is sometimes referred to as the "Keystone of the Cabinet Arch." The Prime
Minister may be a Lok Sabha or Rajya Sabha member. He is the leader of the ruling party and
the political head of the armed forces. The Prime Minister is in charge of ensuring good
government and corruption-free ministries. Thus, the Prime Minister plays a very significant
and highly crucial role in the politico-administrative system of the country. As Dr. B.R.
Ambedkar 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’.