Laxmikanth Summary: The Prime Minister | Indian Polity for UPSC CSE PDF Download

In the parliamentary system of government outlined by the constitution, the President serves as the nominal executive authority (de jure). At the same time, the Prime Minister holds the position of real executive authority (de facto). In simpler terms, the President is the head of state, whereas the Prime Minister is the head of government.

Current Prime Minister of India

Appointment of The Prime Minister

1. Constitutional Basis:

• The Indian Constitution does not specify a particular procedure for selecting and appointing the Prime Minister.
• The President appoints the Prime Minister as outlined in Article 75, although this doesn't mean the President can appoint just anyone.

2. Role of the President:

• The President usually selects the leader of the majority party or coalition in the Lok Sabha to be the Prime Minister.
• If there is no clear majority, the President may use their judgment to pick a suitable candidate who then must gain a vote of confidence in the Lok Sabha within a month.

3. Special Circumstances:

• In situations where the Prime Minister passes away suddenly and there’s no clear successor, the President can make an individual judgment on the selection. For instance, after Indira Gandhi was assassinated in 1984, President Zail Singh appointed Rajiv Gandhi directly, setting a precedent for not always selecting a caretaker Prime Minister.

4. Legal Rulings:

• The Delhi High Court ruled in 1980 that a person doesn't need to have a majority in the Lok Sabha before becoming Prime Minister.
• The Supreme Court in 1997 clarified that a Prime Minister must become a member of either house of Parliament within six months or resign.

5. Comparison with Other Systems:

• Unlike in India, the British system requires that the Prime Minister must be a member of the Lower House of Parliament (House of Commons).

6. Historical Appointments:

• Several Prime Ministers, such as P.V. Narasimha Rao and A.B. Vajpayee, were appointed without having a clear majority initially and sought confidence votes post-appointment.
• Not all Prime Ministers were members of the Lok Sabha; some, like Manmohan Singh, were members of the Rajya Sabha when they were appointed.

Oath, Term and Salary

Before assuming office, the Prime Minister of India takes oaths of office and 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.
• Uphold the sovereignty and integrity of India.
• Faithfully and conscientiously discharge the duties of the office.
• Do right by all individuals according to the Constitution and law, without fear or favor, affection or ill will.

In the oath of secrecy, the Prime Minister promises not to disclose any matters that come to their attention as a Union Minister, except as required for the performance of their duties.

Tenure and Salary of the Prime Minister

The Prime Minister's term is not fixed and lasts during the President's pleasure. However, the President cannot dismiss the Prime Minister as long as they have the majority support in the Lok Sabha. If the Prime Minister loses the confidence of the Lok Sabha, they must resign, or the President can dismiss them.

The salary and allowances of the Prime Minister are determined by Parliament and are similar to those of a member of Parliament. Additionally, the Prime Minister receives a sumptuary allowance, free accommodation, traveling allowance, medical facilities, and other benefits. In 2001, the Parliament increased the sumptuary allowance from ₹1,500 to ₹3,000 per month.

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:
  (i)He recommends persons who can be appointed as ministers by the president.
  (ii)He allocates and reshuffles various portfolios among the ministers.
  (iii)He can ask a minister to resign or advise the President to dismiss him in case of a difference of opinion
  (iv)He presides over the meeting of the council of ministers and influences its decisions.
  (v)He guides, directs, controls, and coordinates the activities of all the ministers.
  (vi)He/she can bring about the collapse of the council of ministers by resigning from office. 

➢ In Relation to the President

• The Prime Minister enjoys the following powers in relation to the President.
• He is the principal channel of communication between the President and the council of ministers. It is the duty of the prime minister:
  (i)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;
  (ii) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
  (iii) If the President so requires, to 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. 
• He advises the president with regard to the appointment of important officials like the 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 Parliament

• The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the following powers:
  (i) He advises the President with regard to summoning and proroguing of the sessions of the Parliament.
  (ii) He can recommend the dissolution of the Lok Sabha to President at any time.
  (iii) He announces government policies on the floor of the House.

➢ Other Powers & Functions

• The Prime Minister of India serves as the chairperson of the NITI Aayog, which succeeded the Planning Commission.
• Other major bodies include the National Integration Council, Inter-State Council, and National Water Resources Council.
• The Prime Minister significantly influences the country's foreign policy.
• As the chief spokesperson for the Union government, the Prime Minister communicates government policies and decisions to the public and media.
• In times of national emergencies, the Prime Minister acts as the main political leader.
• The Prime Minister manages crises and makes critical decisions during emergencies.
• Travelling across the country, the Prime Minister meets different sections of society to hear their problems.
• The Prime Minister receives memoranda outlining societal issues.
• Additionally, the Prime Minister leads the political party in power.
• The Prime Minister oversees the administration and functioning of all government services.
• Dr. B.R. Ambedkar noted that if any constitutional functionary is to be compared with the US President, it would be the Prime Minister.
• This highlights the Prime Minister's critical and substantial role in India's politico-administrative system.

Role Descriptions

• Lord Morley described the Prime Minister as 'primus inter pares' (first among equals) and the 'keystone of the cabinet arch'. He stated, "The head of the cabinet is 'primus inter pares', and holds a position of exceptional authority."
• Herbert Marrison noted that as the head of the government, the Prime Minister is 'primus inter pares', but believes this view is too modest for the Prime Minister's actual role. 
• Sir William Vernor Harcourt likened the Prime Minister to 'inter stellas luna minores' (a moon among lesser stars).
• Jennings described the Prime Minister as asun around which other members revolve, calling him the keystone of the constitution. He emphasized that all paths in the constitution lead to the Prime Minister. 
• H.J. Laski spoke about the Prime Minister's role in relation to the cabinet, stating that the Prime Minister is central to its formation, existence, and dissolution. He portrayed him as the pivot around which the whole government functions. 
• H.R.G. Greaves commented that "The Government is in charge of the country, and the Prime Minister is in charge of the Government."
• Munro referred to the Prime Minister as "the captain of the ship of the state."
• Ramsay Muir compared the Prime Minister to "the steersman of the steering wheel of the ship of the state."
• The significance of the Prime Minister’s role in the British parliamentary system is so important that it is often referred to as a 'Prime Ministerial government.'
• R.H. Crossman stated that the post-war period has seen a transformation of cabinet government into Prime Ministerial government.
• Humphrey Berkely pointed out that Parliament is not truly sovereign in practice, stating that parliamentary democracy has collapsed at Westminster. He noted that the main issue in the British governing system is the super-ministerial powers of the Prime Minister. This observation can also be applied to the Indian context. 

Relationship with the President

• Article 74 There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, 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 shall be the duty of the Prime Minister:
  (a)To communicate with the President about all decisions made by the council of ministers that relate to managing the Union and about any plans for new laws. 
  (b)To provide any information about the management of the Union and proposals for laws that the President may request. 
  (c) If the President asks, to present any issues that have been decided by a minister but have not yet been reviewed by the council of ministers. 

Chief Ministers Who Became Prime Ministers

Six individuals have served as Prime Ministers after being Chief Ministers of their respective states: 

• Morarji Desai was the Chief Minister of the former Bombay State from 1952 to 1956 and became the first non-Congress Prime Minister in March 1977. 
• Charan Singh followed Desai and was the Chief Minister of the undivided Uttar Pradesh during 1967 to 1968 and again in 1970. 
• V.P. Singh, also from Uttar Pradesh, served as Prime Minister in the brief National Front government from December 1989 to November 1990. 
• P.V. Narasimha Rao, who was the first Prime Minister from South India, held the office from 1991 to 1996 and had previously been the Chief Minister of Andhra Pradesh from 1971 to 1973. 
• H.D. Deve Gowda was the Chief Minister of Karnataka when he became the Prime Minister leading the United Front government in June 1996. 
• Narendra Modi, representing the RJP, was the Chief Minister of Gujarat when he became Prime Minister in May 2014. He held the Chief Minister position for four terms from 2001 to 2014. 

Caretaker Government

The Constitution of India does not include any specific rules for a caretaker government. This type of government is mainly a temporary solution and a necessary function during specific situations.

Meaning

• The establishment of a caretaker government occurs after the popular chamber of Parliament is dissolved. This government remains in place until a new ministry is formed following a general election. This is a crucial aspect of the functioning parliamentary system. Its main duty is to conduct free and fair elections to ensure a new government is formed by the people. 
• The term caretaker government is commonly used to indicate the situation of a council of ministers that has resigned due to losing the confidence of the Lok Sabha. In such cases, the President may ask them to stay in office until a new government can be arranged. If it is not possible to quickly form a new government and elections need to be held, the outgoing council of ministers may need to continue their duties until the elections are finished and a new government is established. 

Limited Role

Unlike a regular government, a caretaker government is designed only to handle the routine operations of the government. Therefore, it is not expected to make any major policy decisions or introduce new programs, except for those related to national security or national interest.

The following points highlight the limited role of a caretaker government in the country's administration:
The Ihrkunde Committee(1974–75) recommended that a caretaker government should not:

• start or announce new policies,
• promise or initiate new projects,
• approve allowances or loans,
• increase salaries, and
• hold official events attended by ministers.

In August 1979, President N. Sanjeeva Reddy stated during the dissolution of the Lok Sabha:

The President had discussions with the Prime Minister and some cabinet members who assured that:

• elections will be conducted peacefully, freely, and fairly,
• the revision of electoral rolls will begin immediately, and
• the election schedule will start in November 1979 and finish by December 1979.
• The government will avoid making decisions during this time that create new policies, involve significant new spending, or constitute major administrative actions.
• However, urgent matters related to national interest will still be addressed.

In December 1979, the Calcutta High Court noted that:

• there is no specific mention of a caretaker government in the constitution, but in extraordinary situations, a caretaker government is necessary.
• The Prime Minister and the Council of Ministers can only manage daily administration to prepare for a new arrangement.

Caretaker Prime Ministers are limited by two main factors:

• the usual accountability to Parliament is absent, and
• the government should not misuse its position for electoral gain.