Prime Minister

 In a scheme of parliamentary system of government -

 President is  nominal executive, head of the state
 Prime minister  Real Executive, head of the government

Appointment of the Prime Minister:-

 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, however, this does
not imply that the president is free to appoint any one as the prime minister.
 According to the conventions of the parliamentary system of government.
 President has to appoint the leader of the majority party in the lok sabha as the prime minister.
 But when no party has a clear majority in the lok sabha, then the president may exercise his personal
discretion in the selection and appointment of the prime minister, in such a case president appoints the
leader of the largest party or coalition in the lok sabha as the prime minister and ask him to seek a vote
of confidence in the house within a month.
 When a prime minister in office dies suddenly and there is obvious successor, that time the ruling
party elects a new leader, the president has no choice but to appoint him as prime minister.
 in 1980, the Delhi high court held that the constitution does not required that a person must prove his
majority in the lok sabha before he is appointed as the prime minister.
 The president may first appoint him the prime minister and then ask him to prove his majority in lok
sabha a within a reasonable period.
 Prime minister can be the member of lok sabha (or) Rajya sabha (any house in parliament)
 In 1997, the supreme court held that a person who is not a member of either house of parliament can be
appointed as prime minister for six months, with in which, he should become a member of either
house of parliament, otherwise, he ceases to be the prime minister.
Example  3 prime ministers from Rajya sabha

Indira Gandhi (1966) Deve Gowda (1996) Manmohan Singh (2004)

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 Remaining all prime ministers from lok sabha
 In Britain, on the other hand, the prime minster should be a member of the lower house (house of
commons)
Oath of the Prime Minister
 President administers the oath of the P.M.

Oath of office Oath of secrecy

 The term of P.M is not fixed and he holds office during the pleasure of the president.
 So as long as the P.M. enjoys the majority support in the lok sabha, he cannot be dismissed by the
president.
 If P.M. loses the confidence of the loksabha, he must resign or the president can dismiss him
 P.M. can be removed by a process called no confidence motion
 If P.M resigns, removed than council of ministers will automatically dissolve.
 The salary and allowance of the prime minister are determined by the parliament from time to time.
Powers and functions of the prime minister

P.M. powers in relation

to council of ministers
Other powers and functions
of P.M.
In relation to the
In relation to parliament
president

1. P.M. powers in relation to council of minister

 Prime minister is the member and head of the union council of ministers.
 President can appoint and remove the council of ministers on the advice of P.M.
 President can allocates and reshuffles portfolios among the ministers
 P.M. can ask a minister to resign in case of difference of opinion.
 Council of ministers headed by prime minister
 P.M. can guide, directs, controls and coordinates the activities of all the ministers

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 If p.m. resign, the council of ministers collapse.
2. P.M. powers in relation to the president

Prime minister is the principal
channel of communication
between the president and the
council of ministers
He advises the president with regard to the appointment of
important officials like Attorney general of India, comptroller
and auditor general, chairman and members of UPSC, Election
commissioners, chairman and members of finance commission
and so on.

3. PM Powers in relation to parliament;

 Prime minister is the leader of the lower house in this capacity he enjoys the following powers.
 P.M. advises the president with regard to summoning and proroguing of the sessions of the parliament
 P.M. can recommend dissolution of the lok sabha to president at any time.
 P.M. announces government policies on the floor of the house.
4. P.M. other powers and functions

 P.M. is the chairman of the P.M. is the chairman of National integration council, inter-state
NITI Ayog council, National water resources council.

 Shaping the foreign policy

of the country
 he is the chief spokesman
of the union government

Note:- B. R. Ambedkar stated  The prime minister plays a very significant and highly crucial role in the
politico – administrative system of the country.
Role Descriptions:
 The various comments made by the eminent political scientists and constitutional experts on the role of
prime minister,

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1) Lord Morley  described P.M. as primus inter pares [first among equals] and key stone of the
cabinet arch.
2) Herbert Marrison  described P.M. as the head of the government.
3) Munro  he called prime minister as the captain of the ship of the state.
4) Ramsay Muir  described P.M. as the steersman of steering wheel of the ship of the state.
 Article 74  There shall be a council of ministers with the P.M. at the head to aid and advise the
president.
 Article 75  The P.M. shall be appointed by the president and other council of ministers
 The council of ministers shall be collectively responsible to the house of the people.
 Article 78  It shall be the duty of the P.M. to communicate with president regarding the advice of
the council of ministers.
 Article 88  Rights of ministers as respects the house.
 Every minister shall have the right to speak and take part in the proceedings of either house, any joint
sitting of the house.

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