Prime Minister of India: Constitutional Aspects, Role and Historical Perspectives

Role and Functions of the Prime Minister of India: Key Considerations for UPSC Exam #

For competitive exams like the IAS, a comprehensive knowledge of the Prime Minister of India is crucial. This aspect is vital for the polity syllabus. The Prime Minister, appointed by the President, serves as the head of the Government. They may be a member of either the Lok Sabha or the Rajya Sabha. The President appoints the leader of the majority party or coalition parties as the Prime Minister. Acting as a bridge between the President and the Council of Ministers, the Prime Minister is also the political head of civil servants.

“If any functionary under our constitution is to be compared with the US President, he is the Prime Minister and not the President of the Union” – B.R. Ambedkar.

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Constitutional Basis of the Prime Minister of India: De Facto Executive Authority in Parliamentary Governance #

• Article 74: Council of Ministers to aid and advise VICE – PRESIDENT.
• PM is the real executive authority (de facto executive) in parliamentary form of government.(President –Nominal; de jure executive)
• The PM is the head of the government. (President is the head of the State)

Appointment of the Prime Minister of India: Constitutional Provisions and Parliamentary Conventions #

• Article 75 says only that the Prime Minister of India shall be appointed by the President.
• However, the President cannot appoint just anyone as the Prime Minister.
• According to the conventions of the parliamentary system, the President must appoint the leader of the majority party in the Lok Sabha to this position.

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Prime Minister of India: Appointment, Presidential Discretion and Constitutional Dynamics #

• When no party holds a clear majority in the Lok Sabha, the President has the authority to use his personal discretion in selecting and appointing the Prime Minister.
• In such a scenario, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the PM and asks him to seek a vote of confidence in the House within a month.
• Discretion was exercised first time in 1979, when Neelam Sanjiva Reddy (then President) appointed Charan Singh (Coalition leader) as the PM after the fall of Morarji Desai’s Janta Party Government.
• The president may have to exercise his individual judgment in the selection and appointment of the PM, when the PM in office dies suddenly and there is no obvious successor.
• However, if the ruling party elects a new leader after the death of an incumbent PM, then the President has no choice but to appoint him as PM.
• Delhi High Court (1980): The Constitution does not require that a person must prove his majority in the Lok Sabha before he is appointed as the PM.
  • The President may first appoint him the PM and then ask him to prove his majority in the Lok Sabha within a reasonable period.
• Supreme Court (1997): A person who is not a member of either House of Parliament (i.e. Lok Sabha and Rajya Sabha) can be appointed as PM for six months, within which, he should become a member of either House of Parliament; otherwise, he ceases to be the PM.
  • Constitutionally, the Prime Minister of India may be a member of any of the two Houses of parliament.
  • Exammple: Indira Gandhi (1966), Deve Gowda (1996) and Manmohan Singh (2004), were members of the Rajya Sabha.

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Prime Minister of India: Oaths, Tenure and Compensation  in Indian Governance #

• The President administers to him the oaths of office and secrecy.
• In his oath of office the PM swear
• to bear true faith and allegiance to the constitution of India.
• to uphold sovereignty and integrity of India.
• to faithfully and conscientiously discharge duties of his office and to do justice to all people in accordance with the Constitution and the law, without fear, favor, or ill will.
• In his oath to secrecy, the PM swore not to reveal any matter that is brought under his consideration as a Union Minister except required for due discharge of duties.
• The term of the Prime Minister is not fixed and he serves at the pleasure of the President. However, as long as the Prime Minister of India has the majority support in the Lok Sabha, he cannot be dismissed by the President.
  
• In case of loss of confidence (majority) of the Lok Sabha, the PM must resign or the President can dismiss him.
• The salary and allowances of the PM are determined by the Parliament from time to time. The PM gets the salary and allowances that are payable to a member of Parliament.

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Prime Minister of India: Balancing ‘First Among Equals’ and ‘Moon Among Lesser Stars’ Leadership Styles #

• PM as ‘primus inter pares’ (first among equals), PM is more like a coordinating function. For e.g. Coalition PM are close to this school of thought.
• PM as ‘inter stellas luna minores’ (a moon among lesser stars), We have a “Prime Ministerial” government instead of a “Cabinet Government”. For e.g. Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi, Narendra Modi Government.
• However, B. Vajpayee was a notable exception to both schools of thoughts and held a blend of both schools.

Prime Minister of India: Influential Factors for Leadership Strength #

• PM is the chairperson of Cabinet, CoM, important cabinet committees.
• The resignation or death of an incumbent PM automatically dissolves the CoM and thereby generates a vacuum.
• The resignation or death of any other minister, on the other hand, merely creates a vacancy, which the PM may or may not like to fill.
• He is the chairperson of high-powered bodies, NITI Aayog, National Integration Council (NIC), Inter-State Councils (ISC), National Water Resource Council etc.
• He is the chief spokesman of the Union government.
• He is the leader of the party in power. The Prime Minister of India is generally equated with his party. (“The Prime Minister is the party, and the party is the Prime Minister”)
• He is the political head of the services.
• Support of high-powered bodies: PRIME MINISTER’S OFFICE and Cabinet Secretariat.
• The PM becomes leader of the house of which he is a member.

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Prime Minister of India: All-Inclusive Governance Mechanisms and Leadership Positions #

1. Role of PM with respect to the President

• PM is the principal channel of communication (Art. 78) between the President and the CoM.
• It is the duty of the PM
  • to communicate to the President all decisions (Art. 78) of the CoM,
  • to furnish information relating to the administration of the affairs of the Union and proposal for legislations as the President may call for and
  • if the President so requires, to submit for the consideration of the CoM any matter on which a decision has been made by a minister but has not been reviewed by the council.
    
• The PM advises the President with regard to the appointment of important officials like Attorney General of India, Comptroller and Auditor General of India, Chairperson and members of UPSC and so on.

2. Role of the PM with respect to the CoM

• The PM recommends persons who can be appointed as ministers by the President.
• The President can appoint only those individuals as ministers who are nominated by the Prime Minister.
• He allocates and reshuffles various portfolios among the ministers.
• He can ask a minister to resign or advise the President to dismiss him in case of difference of opinion.
• He presides over the meeting of CoM and influences its decisions.
• He guides, directs, controls and coordinates the activities of all the ministers.
• His death or resignation from office can bring the collapse of the CoM.

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3. Role of PM with respect to the Parliament

• The PM is the leader of the Lower House (Lok Sabha).
• He advises the President with regard to summoning and proroguing of the sessions of the Parliament.
• He has the authority to recommend the dissolution of the Lok Sabha to the President at any time.
• He announces government policies on the floor of the House.

4. Role of the PM with respect to the Cabinet

• The PM constitutes the cabinet and allocates portfolios.
• He summons cabinet meetings and also decides the agenda of the meeting.
• It is the PM’s privilege to consult any person on any matter he deems fit and it is his discretion to act occasionally without any consultation.

5. Role of PM with respect to the External affairs

• This domain has been personally directed by the PM.
• If the PM is respected by international communities, it can help him acquire greater respect domestically as well.
• He plays a significant role in shaping the foreign policy of the country.

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6. Role of PM with respect to the Planning

• He is the crisis manager-in-chief at the political level during emergencies.
• He is Chairperson of National Disaster Management Authority.

7. Role of PM with respect to the CABINET COMMITTEES

• The PM sets up Cabinet Committees and are headed by him when he is a member.
• The Prime Minister heads all committees except the Cabinet Committee on Accommodation and the Cabinet Committee on Parliamentary Affairs.
• Cabinet Committee on Political Affairs addresses matters concerning Centre-State relations, broader economic and political issues, and non-security-related foreign affairs. Often referred to as the ‘super cabinet,’ it consists of key cabinet ministers and is chaired by the Prime Minister of India.

44th Amendment Act 1978: Evolving Dynamics between President and Prime Minister of India #

• Article 74: There shall be a CoM with the PM at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
  • However, the President may require the CoM to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration (Added by 44th amendment act 1978).

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• Article 75: The PM shall be appointed by the President and the other ministers shall be appointed by the president on the advice of the PM.
  • The ministers shall hold office during the pleasure of the president.
  • The CoM shall be collectively responsible to the House of the People (Lok Sabha).
• Article 78: It shall be the duty of the PM:
  • to communicate to the President all decisions of the CoM relating to the administration of the affairs of the Union and proposals for legislation.
  • to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
  • 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 CoM.

Prime Minister of India: Lok Sabha Origin and the Essence of Democratic Governance #

• Leader of CoM should be a member of the Lower house (Lok Sabha) to which CoM is collectively responsible.
• Purpose of the Rajya Sabha is not to produce a government but to ensure representation to the state and protect their interests.
• Convention in other parliamentary democracies endorses the same. For e.g.
  • In Britain, the Prime Minister of India comes from the House of Commons (Lower House).
  • In Germany, the federal chancellor comes from the lower house (Bundestag).
  • The Japanese PM comes from the lower house, called the Diet.
• Nehru endorsed and supported the same.
• V Kamath introduced the Constitutional Amendment Bill (in 1966) to codify the same provision. Congress broadly agreed with the same but held that it should evolve as convention rather than statute.

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LIST OF CM WHO BECAME PRIME MINISTER OF INDIA #

• Morarji Desai– CM of the erstwhile Bombay State, the first non-Congress PM.
• Charan Singh-Was CM of the undivided Uttar Pradesh
• V. P. Singh– Was CM of the Uttar Pradesh
• V. Narasimha Rao– first PM from South India, who was CM of Andhra Pradesh
• H. D. Deve Gowda– Was CM of Karnataka.
• Narendra Modi– Was four-time CM of Gujarat