Constitutional Basis and Appointment

Appointment of the Prime Minister

Article 75

The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. However, Article 75 mentions that there will be a Prime Minister who shall be appointed by the President of India.

Conventions of Appointment:

  • Majority Leader: The Prime Minister is appointed by the President on the basis of his being the leader of the majority party in the Lok Sabha.
  • Discretionary Power: If no party gets an absolute majority in the Lok Sabha, or if a Prime Minister resigns or dies, the President can use his own discretion in the choice of the Prime Minister.

Eligibility regarding Parliament Membership:

To be a Prime Minister, a person need not be an MP (Member of Parliament) at the time of appointment. However, he has to become a member of either the Lok Sabha or the Rajya Sabha within 6 months of being appointed, or else his appointment becomes void .

Powers and Functions

1. In Relation to Council of Ministers

The Prime Minister stands at the head of the Council of Ministers.

Key Powers:

  • Portfolio Allocation: He allocates and reshuffles various portfolios among ministers.
  • Leadership: He presides over the meeting of the council of ministers and influences their decision.
  • Appointments: He recommends the President regarding the appointment of many officers and ministers.
  • Removal: The Prime Minister can ask any member to resign or recommend the President to remove any minister .

2. In Relation to the President

Article 78

Article 78 of the Indian Constitution specifies the duties of the Prime Minister of India, acting as a vital channel of communication.

Duties under Article 78:

  • The Link: He acts as a link between the President and cabinet while discharging his duties .
  • Communication: It is his duty to communicate to the President all the decisions taken by the Cabinet .
  • Information: It is his duty to furnish such information relating to the administration of the Union or any Legislation as the President may call for .

3. In Relation to Parliament

The Prime Minister is the leader of the Lower House (Lok Sabha).

Parliamentary Responsibilities:

  • Sessions: Prime Minister of India determines the dates of its meetings and programmes for the Parliament session.
  • Prorogation/Dissolution: He decides when the house has to be prorogued or dissolved .
  • Chief Spokesman: He makes the announcement of principal government policies and answers questions on them .

Tenure and Accountability

Term of Office:

  • The Prime Minister serves the office for five years, though he can be re-appointed.
  • During Dissolution: When the Lok Sabha is dissolved, he can continue in office upon the request of the President until a new government is formed.

Collective Responsibility:

If the Government is defeated in the Lok Sabha (Vote of No Confidence), the Prime Minister and the entire cabinet must resign. However, if defeated in the Rajya Sabha, resignation is not obligatory.

Additional Roles and Portfolios:

The Prime Minister acts as the head of several critical bodies:

  • Nuclear Command Authority
  • NITI Aayog (Chairman)
  • Appointments Committee of the Cabinet
  • Department of Atomic Energy
  • Department of Space
  • Ministry of Personnel, Public Grievances and Pensions

Comparison: President vs. Prime Minister

Head of State vs. Head of Government

Feature President Prime Minister
Role Nominal Executive (De Jure) Real Executive (De Facto)
Position Head of State Head of Government
Article Article 52 Article 75
Authority Ceremonial authority Real political authority