The Prime Minister - Indian Polity for UPSC CSE PDF Download

Introduction

In India's Parliamentary system the President is the nominal, de jure executive and the Prime Minister is the real, de facto executive. The Prime Minister is the head of the Union Government and is central to the functioning of the executive branch under the Constitution.

Appointment of the Prime Minister

The Constitution does not set out a detailed procedure for selecting the Prime Minister; the process is shaped by written provisions and long-established conventions.

• Article 75 provides that the Prime Minister is appointed by the President.
• By constitutional convention the President invites the leader of the political party (or coalition) that has a clear majority in the Lok Sabha to form the government.
• When no party has a clear majority, the President may exercise personal discretion in deciding whom to invite to form the government. The invited person is normally required to prove majority support on the floor of the House by winning a vote of confidence, usually within a short period (conventionally about a month).
• When a popular party has a plurality but not an absolute majority, the President usually invites the leader of the largest party or the leader of the largest pre- or post-poll coalition who appears capable of commanding majority support.
• There have been notable instances of presidential discretion. In 1979 President N. Sanjiva Reddy appointed Charan Singh as Prime Minister after the Janata government fell. When a Prime Minister dies or resigns suddenly and no clear successor is available, the President may use discretion to appoint an interim or caretaker Prime Minister: for example, following the assassination of Indira Gandhi in 1984 President Zail Singh appointed Rajiv Gandhi as Prime Minister. Earlier, after the deaths of Jawaharlal Nehru (1964) and Lal Bahadur Shastri (1966), Gulzarilal Nanda served briefly as caretaker Prime Minister; such precedents show both convention and presidential choice at work.
• A person need not prove majority support before appointment; the typical practice is to appoint first and then ask the Prime Minister to demonstrate majority on the floor of the Lok Sabha.
• Under Article 75(5) a minister who is not a member of either House of Parliament may be appointed, but must become a Member of Parliament within six months or cease to be a minister. The same rule applies to the Prime Minister when not already a member of Parliament.
• The Prime Minister may be a member of either House of Parliament. (In the Indian system this is allowed; by contrast, in the United Kingdom the Prime Minister is normally a member of the House of Commons.)

Oath and Oath of Secrecy

The oath of office is administered by the President to the Prime Minister at the time of appointment. The prescribed commitments include:

• To bear true faith and allegiance to the Constitution of India.
• To uphold the sovereignty and integrity of India.
• To faithfully and conscientiously discharge the duties of the office.
• To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.

In addition to the oath of office the Prime Minister takes an oath of secrecy, undertaking not to communicate or reveal any matter that is brought under his consideration or becomes known to him in his capacity as a Union Minister except as required for the due discharge of his duties.

Term of Office

• The Prime Minister's term is not fixed by the Constitution.
• The Prime Minister holds office during the pleasure of the President, but in practice this is conditional on maintaining the confidence of the Lok Sabha.
• If the Prime Minister continues to enjoy majority support in the Lok Sabha he cannot be dismissed by the President; if he loses that support he must either resign or the President can dismiss him (usually after a no-confidence motion succeeds or on the Prime Minister's resignation).
• When Parliament is dissolved or in the interval between governments, the outgoing Prime Minister usually continues as a caretaker until a new government is formed; conventions limit the actions of a caretaker to routine administration.

Salary and Allowances

• The Prime Minister receives the salary applicable to a Member of Parliament; other allowances and entitlements are determined by Parliament.
• Parliament may prescribe facilities, staff, security, and other benefits for the Prime Minister by law or resolution.

Role Description

• The Prime Minister is often described as first among equals in the Council of Ministers: formally a primus inter pares, but in practice a figure of exceptional authority.
• The office carries a position of exceptional and peculiar authority in the executive-over policy formulation, coordination among ministries, and overall government management.
• Common descriptions include: Master of the Government, the keystone of the constitutional scheme at the Union level, and the political leader who provides direction to the executive.
• Because of the concentration of political leadership and administrative coordination in the office, the Parliamentary system in India is often described informally as prime-ministerial in character.

Powers and Functions of the Prime Minister

(a) In relation to the Council of Ministers

• The Prime Minister recommends to the President who should be appointed as ministers; ministers are appointed by the President on the advice of the Prime Minister (Article 75).
• The Prime Minister allocates portfolios among ministers and can reshuffle or reassign portfolios.
• The Prime Minister can ask a minister to resign and can advise the President to dismiss a minister.
• The Prime Minister presides over meetings of the Council of Ministers and chairs Cabinet meetings where collective decisions are taken.
• The Prime Minister guides, directs, controls and co-ordinates the activities of all ministers; he exercises primacy in setting the government's agenda and priorities.
• If the Prime Minister resigns or dies, conventionally the entire Council of Ministers stands dissolved; a new Council is formed by the incoming Prime Minister.
• The principle of collective responsibility means the Council of Ministers is collectively responsible to the Lok Sabha for its policies and conduct; the Prime Minister is the leading figure in maintaining and presenting that collective responsibility.

(b) In relation to Parliament

• The Prime Minister is normally the leader of the Lok Sabha and acts as the principal channel of communication between the government and Parliament.
• The Prime Minister advises the President on the summoning, prorogation and dissolution of Parliament; the President acts on such advice (subject to the constitutional provisions and conventions).
• The Prime Minister may recommend the dissolution of the Lok Sabha to the President at any time, in accordance with the political situation and constitutional conventions.
• The Prime Minister announces and explains government policy in Parliament and is accountable to the House for the actions of the government.
• The Prime Minister is answerable to Parliament during question hours, debates and on motions of confidence or no-confidence.

(c) Other powers and functions

• The Prime Minister is the Chairperson (or head) of important institutions and committees, and often chairs high-level coordination bodies; for example, the Prime Minister is the head of the NITI Aayog.
• The Prime Minister plays a decisive role in shaping foreign policy and is the chief spokesperson of the Union Government in international and inter-governmental matters.
• The Prime Minister is the chief political crisis manager during national emergencies and is central to coordinating the executive response.
• The Prime Minister is the leader of the ruling party or coalition, the political head of the services and administration, and the link between the political executive and the permanent executive (civil services).
• The Prime Minister advises the President on key appointments in the Union sphere, including constitutional and statutory posts (for example, the Attorney General of India, the Comptroller and Auditor General, and other senior posts), subject to applicable procedures and conventions.

Relationship between the Prime Minister and the President

The constitutional relationship between the Prime Minister and the President combines written provisions with important conventions. Key constitutional provisions are:

• Article 74 requires that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. The President is normally bound by that advice. The proviso allows the President to require the Council to reconsider its advice, but after reconsideration the President must act in accordance with the Council's advice.
• Article 75 requires that the President appoint the Prime Minister and, on the Prime Minister's advice, appoint other Ministers. The Prime Minister is therefore the main channel of communication between the President and the Council of Ministers.
• Article 78 imposes a duty on the Prime Minister 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 also furnish such information relating to the administration of the affairs of the Union as the President may call for.

If the President desires the Council of Ministers to reconsider any matter, the Prime Minister facilitates that process; where a minister has taken a decision without the Council's consideration and the President calls for it, the Prime Minister must place the matter before the Council for consideration.

Limitations and Conventions

• The Prime Minister's powers are not absolute: they are constrained by the Constitution, collective Cabinet responsibility, the need to maintain majority support in the Lok Sabha, parliamentary scrutiny, judicial review and political realities.
• Several aspects of the Prime Minister's role are governed by constitutional conventions rather than explicit constitutional text-for example, the appointment of a caretaker Prime Minister, the time in which a confidence motion must be sought, and the conduct of the Cabinet when functioning in a caretaker capacity.
• The President's discretionary powers are limited but may be exercised in exceptional circumstances where the formation of a government is unclear; such discretion must conform to constitutional norms and past precedents.

Illustrative Examples and Applications

• When a single party wins an outright majority in the Lok Sabha, its leader is invited by the President to form the government and becomes Prime Minister-this is the most straightforward application of convention.
• When no party has a majority, the President may invite a coalition leader, a leader of a party with most seats, or a smaller party leader capable of proving majority support; the invitee must demonstrate majority on the floor of the House.
• When a Prime Minister loses a vote of confidence in the Lok Sabha, standard practice requires the Prime Minister to resign or advise dissolution of the House; if he resigns, a new Prime Minister who commands majority support will be appointed.

Conclusion

The office of the Prime Minister occupies a central place in India's Parliamentary democracy. It combines constitutional powers, political authority and administrative responsibilities. The effective functioning of the Prime Minister's office depends on a balance between executive leadership, collective Cabinet responsibility, constitutional limits, parliamentary accountability and democratic legitimacy.