PRIME MINISTER VS CHIEF MINISTER: POWERS, APPOINTMENT, AND FUNCTIONS
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COMPARING ROLES: PRIME MINISTER VS CHIEF MINISTER IN PARLIAMENTARY SYSTEMS
| Parliamentary System of Government
At Centre
President – Nominal Executive (‘de jure) executive i.e. Head of Country
PM – Real Executive (‘de facto) executive i.e. Head of Government
At State
Governor – Nominal Executive (‘de jure) executive i.e. Head of State
Chief Minister – Real Executive (‘de facto) executive i.e. Head of Government |
| PARAMETERS |
PRIME MINISTER (PM) |
CHIEF MINISTER (CM) |
| APPOINTMENT & OATH |
- Article – 75.
- By President.
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- Article – 164.
- By Governor.
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- The Constitution does not contain any specific procedure. Convention of Parliamentary system Leader of majority party is appointed as PM/CM.
- In case of no clear majority President/Governor may exercise their personal discretion in the selection and appoints PM/CM respectively. The PM/CM has to seek a vote of confidence within a Month in their respective House.
- When the PM/CM in office dies suddenly and there is no obvious successor the President/Governor may have to exercise his individual judgement in the selection and appointment of the PM/CM.
- Constitutionally, the PM/Chief Minister may be a member of any of the two Houses of a Parliament/State Legislature.
- A person who is not a member of the Parliament/State legislature can be appointed as PM/Chief Minister for six months, within which time, he should be elected to the Parliament/State legislature. (Provided by Supreme Court in one of the judgments).
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| TERM |
- Not fixed, holds office during the pleasure of the President.
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- Not fixed, holds office during the pleasure of the Governor.
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| SALARY |
- Determined by Parliament.
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- Determined by the State legislature.
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| POWERS & FUNCTIONS |
- Article 74/163: Council of ministers with the PM/CM as the head to aid and advise the President/Governor on the exercise of his functions.
- Article 75/164: Other ministers shall be appointed by the President/Governor on the advice of the PM/CM, all ministers shall hold office during the pleasure of the President/Governor and shall be collectively responsible to the House of people/legislative assembly of the state.
- Resignation or Death of the PM/CM automatically dissolves the council of ministers.
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Trick to Remember Articles– Difference of ‘89’ between Central and State Government i.e. Executive + Legislative organ in most of the cases (not all). Ex- Appointment of PM/CM – 75 + 89 = 164.
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