Prime Minister of India: Roles, Powers and Functions- (Part 01)

The Prime Minister of India is the head of government, holding significant political influence in the country’s parliamentary democracy. This position mirrors the Prime Minister’s role in Great Britain, distinguishing between the President’s ceremonial duties and the Prime Minister’s substantial executive powers. The Prime Minister leads the government, formulates policies, and oversees administration, making this role central to India’s political framework.

Role and Powers of the Prime Minister of India

Parliamentary System Roles: President and Prime Minister

• • In the constitutional framework of a parliamentary system of government, there exists a clear distinction between the roles and authorities of the President and the Prime Minister. 
  • The President assumes the position of the nominal executive authority, known as the de jure executive, whereas the Prime Minister serves as the real executive authority, often referred to as the de facto executive. 
  • This distinction illustrates the President’s role as the head of the State, while the Prime Minister fulfills the role of the head of the Government.

• Difference between Nominal Executive and Real Executive

Appointment of The Prime Minister

Constitutional Provisions: Article 75(1) of the Constitution stipulates that the President is responsible for appointing the Prime Minister. 

• However, The Indian Constitution does not mention any specific procedures for selection and appointment of the Prime Minister by the President.
• Appointment Process:
  • Adherence to Parliamentary Conventions: The President is not free to appoint anyone as the Prime Minister but must adhere to the conventions of the parliamentary system.
  • Appointment of Majority Leader: Normally, the leader of the majority party in the Lok Sabha (after the general elections) is called by the President and is appointed as the Prime Minister.
  • Discretion in Absence of Clear Majority: However, in cases of no clear majority, the President can exercise personal discretion to appoint the leader of the largest party or coalition in the Lok Sabha as Prime Minister.
  • Proving Majority: The designated Prime Minister is then required to prove his majority in the Lok Sabha within a specified time.
  • Discretionary Power in Prime Minister Selection:
    • First Exercise of Discretionary Power: The President’s discretionary power was first exercised in 1979 when Charan Singh was appointed as the Prime Minister by Neelam Sanjiva Reddy (the then President) after the fall of the Janata Party government.
    • Discretion in Case of Sudden Death: A similar situation arises when the incumbent Prime Minister dies suddenly without an obvious successor, as seen in the case of Indira Gandhi’s assassination in 1984. 
      • However, if the ruling party elects a new leader after the death of an incumbent Prime Minister the President has no choice but to appoint him as Prime Minister.
• Proving Majority:
  • Delhi High Court Ruling (1980): In 1980, the Delhi High Court ruled that the Constitution does not require a person to prove their majority in the Lok Sabha before being appointed as Prime Minister.
  • Appointment and Majority Demonstration: The President may first appoint an individual as Prime Minister and subsequently ask them to demonstrate their majority within a reasonable period.
  • Supreme Court Clarification (1997): In 1997, the Supreme Court clarified that a person who is not a member of either House of Parliament can serve as Prime Minister for a maximum of six months, during which they must become a member of either House of Parliament.
•  Membership:
  • Membership Flexibility for Prime Ministers: The Constitution allows the Prime Minister to be a member of either of the two Houses of Parliament, the Lok Sabha or the Rajya Sabha.
  • Historical Examples: Notably, Prime Ministers like Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004) were members of the Rajya Sabha.
    • While in the UK, the Prime Minister must be a member of the House of Commons.

Oath, Term and Salary of The Prime Minister

Oath of Office Administration: Prior to assuming office, the President administers oaths of office and secrecy to the Prime Minister. 

• In the oath of office, the Prime Minister commits to:
• Bear  true faith and allegiance to the Constitution of India.
• Safeguard the sovereignty and integrity of India.
• Faithfully and conscientiously execute the duties of the office.
• Act impartially and justly toward all citizens in accordance with the Constitution and the law, without bias, favor, affection, or ill will.
• In the oath of secrecy, the Prime Minister pledges not to directly or indirectly disclose or communicate any matters that come under their consideration or become known to him as Prime Minister, unless necessary for the proper execution of their ministerial duties.
• Tenure and Dismissal:
  • • Term of Office: The Prime Minister’s term is not fixed and he holds office during the pleasure of the President. 
      • However, this does not grant the President unrestricted authority to dismiss the Prime Minister at any time.
    • Majority Support in Lok Sabha: As long as the Prime Minister enjoys the majority support in the Lok Sabha, the President cannot dismiss him. 
    • Loss of Confidence: If the Prime Minister loses the confidence of the Lok Sabha, he must resign, or the President can dismiss him.
• Salary and Allowances:
  • Salary and Allowances Determination: The salary and allowances of the Prime Minister are subject to determination by the Parliament and may change over time. 
    • The Prime Minister is entitled to the salary and allowances provided to a Member of Parliament.
  • Additional Benefits: They receive a sumptuary allowance, along with benefits like free accommodation, travel allowances, and medical facilities.

Powers and Functions of The Prime Minister

In Relation to the President

Article 74

• Council of Ministers: Establishes a council of ministers led by the Prime Minister to aid and advise the President.
• Presidential Advice Requirement: States that the President must act in accordance with the advice provided by the council of ministers.
• Reconsideration of Advice: Allows the President to request the Council of Ministers to reconsider their advice and mandates the President to act in accordance with the advice after reconsideration.

Article 75

• Authority in Appointments: Grants the President the authority to appoint the Prime Minister, while other ministers are appointed by the President on the advice of the Prime Minister.
• Tenure of Ministers: States that ministers serve at the pleasure of the President.
• Collective Responsibility: Establishes the collective responsibility of the council of ministers to the House of the People (Lok Sabha).

Article 78

• Outlines the duties of the Prime Minister, which include:
  • Communication of Decisions: Communicating to the President all decisions of the council of ministers related to the administration of Union affairs and proposals for legislation.
  • Information Provision: Providing information regarding the administration of Union affairs and legislative proposals when requested by the President.
  • Submission of Matters for Consideration: Submitting, if required by the President, any matter to the council of ministers for consideration, particularly when a decision has been made by a minister but not yet reviewed by the council.

• Advice on Appointments: The Prime Minister advises the President on significant appointments, such as the Attorney General of India, Comptroller and Auditor General of India, members of various commissions, and more.

In Relation to the Council of Ministers

• Recommendation of Ministers: The Prime Minister has the authority to recommend individuals for appointment as ministers to the President. 
  • The President can only appoint those individuals who are recommended by the Prime Minister.
• Allocation and Reshuffling of Portfolios: The Prime Minister has the responsibility of allocating and rearranging various portfolios among the ministers.
• Dismissal of Ministers: In cases of differences of opinion, the Prime Minister can request a minister to resign or advise the President to dismiss them.
• Presiding over Council Meetings: The Prime Minister presides over the meetings of the Council of Ministers and influences its decisions.
• Guidance and Coordination: The Prime Minister guides, directs, controls, and coordinates the activities of all the ministers.
• Power to Resign: The Prime Minister can bring about the collapse of the council of ministers by resigning from office. 
  • The resignation or death of the Prime Minister dissolves the entire council of ministers.

In Relation to Parliament

• Leadership Role: The Prime Minister serves as the leader of the Lower House of Parliament, the Lok Sabha.
• Advising on Parliamentary Sessions: Advising the President on summoning and proroguing Parliament sessions.
• Recommendation for Dissolution: Recommending the dissolution of the Lok Sabha to the President at any time.
• Announcement of Policies: Announcing government policies on the floor of the House.
• Nomination of Rajya Sabha Members: Advises the President in regards to nomination of members in Rajya Sabha.

Other Powers & Functions

Chairmanship of Various Bodies: The Prime Minister holds the position of the chairman in various important bodies, including NITI Aayog, National Integration Council, Inter-State Council, National Water Resources Council, and others.

• Foreign Policy Role: The Prime Minister plays a significant role in shaping the foreign policy of the country. 
  • In fact, foreign policy decisions are largely decided by the Prime Minister.
• Chief Spokesman: The Prime Minister serves as the chief spokesman of the Union government.
• Crisis Management: In times of emergencies, the Prime Minister acts as the chief political-level crisis manager.
• Leader of the Nation: As the leader of the nation, the Prime Minister meets with various sections of the population in different states, receives memoranda about their issues, and more.
• Head of cabinet committees: The PM sets up Cabinet Committees and are headed by him when he is a member. 
  • PM is the head of the Cabinet Committee on Political Affairs, Cabinet Committee on Economic Affairs and Cabinet Committee on Appointments.
• Hence, the Prime Minister’s role is pivotal in the politico-administrative system of the country. 
  • As noted by Dr. B.R. Ambedkar- “The Prime Minister can be compared to the U.S. President in terms of functionary significance, surpassing the President of the Union.”

Conclusion

The Prime Minister’s role is crucial in shaping India’s governance and administration, balancing responsibilities between advising the President and leading the Council of Ministers. 

• As the head of the government, the Prime Minister influences domestic policies, foreign relations, and crisis management. 
• This position, central to India’s political system, highlights the importance of effective leadership in maintaining national stability and progress.

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