Laxmikanth Summary: The Prime Minister

Table of Contents
1. Appointment of the Prime Minister
2. Oath, Term and Salary
3. Powers and Functions of the Prime Minister
4. Role Descriptions by Political Thinkers and Constitutional Experts
5. Relationship with the President: Key Constitutional Provisions
6. Chief Ministers Who Became Prime Ministers
7. Caretaker Government
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The President is the nominal executive authority (the de jure executive) while the Prime Minister is the real executive authority (the de facto executive). In the Indian constitutional scheme, the President is the head of the State and the Prime Minister is the head of the Government.

List of Prime Ministers of India

Appointment of the Prime Minister

Article 75 of the Constitution provides that the Prime Minister shall be appointed by the President. Constitutional convention and the parliamentary system, however, limit this power. By convention the President appoints as Prime Minister the leader of the party or coalition that commands a majority in the Lok Sabha. When no single party or pre-election coalition has a clear majority, the President may exercise discretion in choosing whom to appoint as Prime Minister, guided by the likelihood of forming a stable government.

• The President's discretionary power was exercised in 1979 when President Neelam Sanjiva Reddy appointed Charan Singh as Prime Minister after the fall of the Janata Party government led by Morarji Desai.
• After the assassination of Indira Gandhi in 1984, President Zail Singh appointed Rajiv Gandhi as Prime Minister immediately, bypassing the precedent of appointing a caretaker Prime Minister.

Oath, Term and Salary

Before taking office the Prime Minister must take the oath of office and the oath (or affirmation) of secrecy, administered by the President.

• In the oath of office the Prime Minister pledges to bear true faith and allegiance to the Constitution of India and to uphold the sovereignty and integrity of India.
• The Prime Minister also pledges to faithfully and conscientiously discharge the duties of the office and to do right to all manner of people according to law, without fear or favour, affection or ill-will.
• In the oath of secrecy the Prime Minister promises not to disclose matters that come to their attention in the course of official duties, except as required for the performance of those duties.

The Prime Minister holds office during the pleasure of the President, but this is subject to parliamentary confidence: as long as the Prime Minister commands the majority in the Lok Sabha they cannot be removed by the President. If the Prime Minister loses the House's confidence (for example by loss in a no-confidence motion), they must resign or advise the President to dissolve the Lok Sabha.

The salary, allowances and other service conditions of the Prime Minister are determined by Parliament. In addition to salary, the Prime Minister is provided with official accommodation, staff, travel and security arrangements, medical facilities and certain other allowances.

Powers and Functions of the Prime Minister

In relation to the Council of Ministers

• As head of the Union Council of Ministers the Prime Minister recommends to the President persons who may be appointed as ministers.
• The Prime Minister allocates portfolios among ministers and can reshuffle assignments.
• The Prime Minister can ask a minister to resign or advise the President to dismiss a minister in case of differences or unsatisfactory performance.
• The Prime Minister presides over meetings of the council of ministers (or convenes and chairs them) and plays a dominant role in forming collective decisions.
• The Prime Minister guides, directs, controls and coordinates the activities of all ministers.
• By resigning, the Prime Minister can bring about the collapse of the council of ministers; the Prime Minister's position is therefore central to the survival of the government.

In relation to the President

• The Prime Minister is the principal channel of communication between the President and the Council of Ministers.
• It is the Prime Minister's duty to communicate to the President all decisions of the council of ministers relating to the administration of the affairs of the Union and proposals for legislation.
• The Prime Minister must furnish to the President any information relating to the administration of the Union and proposals for legislation as the President may call for.
• If the President requires, the Prime Minister must submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.
• The Prime Minister advises the President on appointment of several important constitutional and statutory functionaries such as the Attorney General of India, the Comptroller and Auditor General of India, members and chairpersons of statutory bodies like the Union Public Service Commission and the Finance Commission, and the Election Commission.

In relation to Parliament

• The Prime Minister is the leader of the Lok Sabha and represents the government on the floor of the House.
• The Prime Minister advises the President with regard to summoning and proroguing sessions of Parliament.
• The Prime Minister can recommend dissolution of the Lok Sabha to the President.
• The Prime Minister announces and explains government policies and legislation in Parliament and is accountable to it for the administration and conduct of government business.

Other powers and functions

• The Prime Minister chairs or acts as a key member of national bodies (for example, the Prime Minister is the head of bodies that replaced or succeeded earlier bodies such as the Planning Commission; presently the Prime Minister plays a central role in national development planning and inter-governmental councils).
• The Prime Minister is the political leader in national crises and acts as the chief crisis manager at the political level during emergencies.
• The Prime Minister is the leader of the party or coalition in power and the political head of the services.
• The Prime Minister plays a significant role in shaping the country's foreign policy and represents the nation internationally.
• The Prime Minister is the chief spokesman of the Union Government and receives delegations, memoranda and representations from various sections of people across the country.

Role Descriptions by Political Thinkers and Constitutional Experts

• Lord Morley described the Prime Minister as "primus inter pares" (first among equals) and the keystone of the cabinet arch, emphasising the Prime Minister's exceptional authority in cabinet government.
• Herbert Marrison accepted the primus inter pares description but viewed it as too modest for the actual power often exercised by the Prime Minister.
• Sir William Vernor Harcourt compared the Prime Minister to "inter stellas luna minores" (a moon among lesser stars), indicating a stature above other ministers.
• Jennings described the Prime Minister as a pivot or keystone of the constitution, saying that many constitutional paths converge on the Prime Minister.
• H. J. Laski emphasised that the Prime Minister is central to the cabinet's formation, continuance and dissolution, describing the office as the pivot around which the government functions.
• H. R. G. Greaves said, "The Government is in charge of the country, and the Prime Minister is in charge of the Government," highlighting governmental responsibility vested in the office.
• Munro called the Prime Minister the "captain of the ship of the state," and Ramsay Muir likened the Prime Minister to the steersman of the ship of state.
• The shift in many modern administrations from collective cabinet government to more centralised leadership has led commentators such as R. H. Crossman to speak of a Prime Ministerial government, and Humphrey Berkeley has criticised the rise of super-ministerial powers that reduce effective parliamentary sovereignty in practice.

Relationship with the President: Key Constitutional Provisions

• Article 74 - There shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President; the President is to act in accordance with such advice.
• Article 75(a) - The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister.
• Article 78 - It is the duty of the Prime Minister (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation, (b) to furnish to the President such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for, and (c) if the President so requires, to submit for consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Council of Ministers.

Chief Ministers Who Became Prime Ministers

Several Prime Ministers of India had earlier experience as Chief Ministers of a State. Notable examples include:

• Morarji Desai - Chief Minister of Bombay State (1952-1956); became the first non-Congress Prime Minister in 1977.
• Charan Singh - Chief Minister of Uttar Pradesh (1967-68, 1970); later served briefly as Prime Minister.
• V. P. Singh - Former Chief Minister of Uttar Pradesh; served as Prime Minister from 1989 to 1990.
• P. V. Narasimha Rao - Chief Minister of Andhra Pradesh (1971-73); served as Prime Minister from 1991 to 1996.
• H. D. Deve Gowda - Chief Minister of Karnataka; became Prime Minister in 1996.
• Narendra Modi - Chief Minister of Gujarat (2001-2014); became Prime Minister in 2014.

Caretaker Government

The Constitution of India contains no detailed provisions about a caretaker government. A caretaker government is an interim arrangement that functions when a ministry has resigned or when the Lok Sabha is dissolved and a new ministry cannot immediately be formed. Its role is limited and primarily procedural: to ensure continuity of administration and to conduct free and fair elections so that a new government may be formed by the electorate.

Meaning and purpose

• A caretaker government operates after the dissolution of the popular chamber or after a ministry has lost majority support; it remains in office until a new ministry is constituted following elections or political settlement.
• The principal duty of a caretaker government is to ensure that elections are conducted fairly and that routine administration continues without abuse of official position for electoral advantage.

Limited role and accepted conventions

• A caretaker government is expected to manage only routine and urgent matters and to refrain from making major policy decisions or commitments that would bind an incoming government, except where national security or national interest demand otherwise.
• The Ihrkunde Committee (1974-75) recommended that a caretaker government should not: announce new policies or major projects; approve large loans or salary increases; or organise official events involving ministers that could influence electoral outcomes.
• In August 1979, during a dissolved Lok Sabha, President Neelam Sanjiva Reddy clarified that the government's responsibilities included: ensuring free and fair elections, promptly revising electoral rolls, completing elections in a reasonable time (the President indicated an intention to complete elections by December 1979), and avoiding new policies or major expenditures.
• In December 1979 the Calcutta High Court observed that although the Constitution does not explicitly mention caretaker governments, they are an essential convention in exceptional situations. The court noted that caretaker governments should: handle only day-to-day administration, not use governmental power for electoral advantage, and accept practical limitations on usual parliamentary accountability during the interim period.