Chapter 20: Prime Minister
Parliamentary System:
- President is the de jure (nominal) executive authority.
- Prime Minister is the de facto (real) executive authority.
- President is the head of state, while Prime Minister is the head of government.
Appointment of the Prime Minister:
- The Constitution does not specify a procedure for selection and appointment.
- Article 75 states the Prime Minister shall be appointed by the President.
- The President generally appoints the leader of the majority party in the Lok Sabha.
- If no party has a clear majority, the President can use discretion to appoint the leader of the largest party or coalition as Prime Minister.
- The appointed PM must then seek a vote of confidence within a month.
- The President can exercise judgement in the selection and appointment of the Prime Minister when the Prime Minister in office dies suddenly and there is no obvious successor.
- The Delhi High Court (1980) ruled that a person does not need to prove majority in the Lok Sabha before being appointed as Prime Minister.
- The President can appoint first, then ask to prove majority within a reasonable period.
- Supreme Court (1997) ruled a non-member of either House can be appointed as Prime Minister for six months, during which they must become a member of either House.
- Constitutionally, the Prime Minister may be a member of either House.
- In Britain, the Prime Minister must be a member of the Lower House (House of Commons).
Oath, Term, and Salary:
Before entering office, the Prime Minister is administered oaths of office and secrecy by the President.
Oath of Office includes swearing allegiance to:
- The Constitution of India.
- Upholding the sovereignty and integrity of India.
- Faithfully and conscientiously discharging duties.
- Acting without fear or favor, affection, or ill will.
Oath of Secrecy includes swearing not to:
- Reveal any matter brought under consideration or known as a Union Minister.
The term of the Prime Minister is not fixed and he/she holds office during the pleasure of the President.
- Cannot be dismissed as long as they have the majority support in the Lok Sabha.
- Must resign or can be dismissed if they lose confidence of the Lok Sabha.
Salary and allowances are determined by the Parliament, equivalent to a member of Parliament, plus sumptuary, free accommodation, traveling, and medical allowances.
Powers and Functions of the Prime Minister:
In Relation to Council of Ministers:
- Recommends persons for ministerial appointments by the President.
- Allocates and reshuffles portfolios among ministers.
- Can ask a minister to resign or advise the President to dismiss them.
- Presides over meetings of the council of ministers and influences decisions.
- Guides, directs, controls, and coordinates the activities of ministers.
- Can cause the collapse of the council of ministers by resigning.
In Relation to the President:
- The principal channel of communication between the President and the council of ministers. The duty to communicate all decisions to the President.
- Advises the President on appointments of important officials.
In Relation to Parliament:
- Advises the President regarding summoning and proroguing sessions.
- Can recommend the dissolution of the Lok Sabha.
- Announces government policies on the floor of the House.
Other Powers & Functions:
- Chairman of the NITI Aayog, National Integration Council, Inter-State Council, National Water Resources Council, and other bodies.
- Plays a role in shaping foreign policy.
- Chief spokesman of the Union government.
- Crisis manager-in-chief during emergencies.
- Meets with people and receives memoranda.
- Leader of the party in power.
- Political head of the services.
Role Descriptions:
- Prime Minister:
- Lord Morely: "Primus inter pares" (first among equals) and "key stone of the cabinet arch".
- Herbert Marrison: "Primus inter pares".
- Sir William Vernor Harcourt: "Inter stellas luna minores" (a moon among lesser stars).
- Jennings: "A sun around which planets revolve" and "key-stone of the constitution."
- H.J. Laski: "Central to its formation, central to its life, and central to its death."
- H.R.G. Greaves: "The master of the Government."
- Munro: "Captain of the ship of the state."
- Ramsay Muir: "The steersman of steering wheel of the ship of the state."
- R.H. Crossman: Transformation of cabinet government into Prime Ministerial government.
- Prime Minister:
Relationship with the President:
- Article 74: Council of Ministers with the Prime Minister to aid and advise the President.
- Article 75: Prime Minister appointed by the President; other ministers appointed on the Prime Minister's advice; ministers hold office during the President's pleasure; the council of ministers is collectively responsible to the Lok Sabha.
- Article 78: Duties of the Prime Minister to communicate decisions, furnish information, and submit matters for consideration.
Chief Ministers Who Became Prime Ministers:
- Morarji Desai
- Charan Singh
- V.P. Singh
- P.V. Narasimha Rao
- H.D. Deve Gowda
- Narendra Modi
Caretaker Government:
- Not mentioned in the Constitution.
- Situational and functional necessity.
Meaning:
- Created after the dissolution of the Parliament and ends with the induction of a new ministry after the general election.
- A government that has lost the confidence of the Lok Sabha, is asked by the President to continue till alternative arrangements are made.
- Charged with holding free and fair polls.
Limited Role:
- Meant only for managing routine activities.
- Should not make significant policy decisions or initiate new measures, except relating to national security or interest.
Recommendations Regarding a Caretaker Government
- The Tarkunde Committee (1974-75) recommended that a caretaker government should not:
- Initiate and announce new policies.
- Promise or start new projects.
- Grant allowances or loans.
- Salary increases.
- Hold official functions attended by ministers.
- The Tarkunde Committee (1974-75) recommended that a caretaker government should not:
Limitations
- Constrained due to lack of accountability to Parliament.
- Should not abuse position to gain electoral advantage.
Table 20.1: Articles Related to Prime Minister at a Glance
| Article No. | Subject Matter |
|---|---|
| 74. | Council of Ministers to aid and advise President |
| 75. | Other provisions as to Ministers |
| 77. | Conduct of business of the Government of India |
| 78. | Duties of Prime Minister as respects the furnishing of information to President, etc. |
| 88. | Rights of Ministers as respects the Houses |