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

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.

List of Prime Ministers of India

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 anyone as the Prime Minister. In accordance with the conventions of the parliamentary system of government, the 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 discretion in the selection and appointment of the Prime Minister.

• This discretion was exercised by the President, for the first time in 1979, when Neelam Sanjiva Reddy (the then President) appointed Charan Singh (the coalition leader) as the Prime Minister after the fall of the Janata Party government headed by Morarji Desai.
• This is what happened when Indira Gandhi was assassinated in 1984. The then President Zail Singh appointed Rajiv Gandhi as the Prime Minister by ignoring the precedent of appointing a caretaker Prime Minister.
  

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.

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. 

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

• In addition to the above-mentioned three major roles, the Prime Minister has various other roles. These are:
  (i) He is the chairman of the Planning Commission (now NITI Aayog), National Development Council, National Integration Council, Inter-State Council, and National Water Resources Council.
  (ii) He is the crisis manager-in-chief at the political level during emergencies.
  (iii) He is the leader of the party in power.
  (iv) He is the political head of the services.
  (v) He/she plays a significant role in shaping the foreign policy of the country.
  (vi) He/ she is the chief spokesman of the Union government.
  (vii) As a leader of the nation, he/ she meets various sections of people in different states and receives memoranda from them regarding their problems, and so on. 

Role Descriptions

The various comments made by the eminent political scientists and constitutional experts on the role of Prime Minister in Britain holds good in the Indian context also. These are mentioned below:

• 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 Indian Prime Ministers had previously served as Chief Ministers:

• Morarji Desai was CM of Bombay State (1952–1956) and became the first non-Congress PM in 1977.
• Charan Singh served as UP CM (1967–68, 1970) before becoming PM.
• V.P. Singh, also a former UP CM, was PM from 1989 to 1990.
• P.V. Narasimha Rao was CM of Andhra Pradesh (1971–73) and PM from 1991 to 1996.
• H.D. Deve Gowda was Karnataka CM when he became PM in 1996.
• Narendra Modi served as Gujarat CM (2001–2014) before becoming PM in 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

A caretaker government is meant to manage only routine affairs and avoid major policy decisions, except those related to national security or national interest.

According to the Ihrkunde Committee (1974–75), a caretaker government should not:

• Announce new policies or projects
• Approve loans or salary hikes
• Organize official events involving ministers

In August 1979, during the Lok Sabha's dissolution, President Sanjeeva Reddy clarified that the government:

• Would ensure free and fair elections
• Would revise electoral rolls promptly
• Would complete elections by December 1979
• Should avoid new policies or major spending

In December 1979, the Calcutta High Court stated that while the Constitution doesn't explicitly mention caretaker governments, they are essential in exceptional situations. Such governments should:

• Handle only daily administration
• Avoid using power for electoral advantage
• Operate without usual parliamentary accountability