Prime Minister – Indian Polity – UPSC Notes

In the parliamentary system outlined by the constitution, the President holds the position of nominal executive authority (de jure executive), while the Prime Minister wields the actual executive power (de facto executive). Put simply, the President serves as the figurehead of the State, whereas the Prime Minister leads the government.

Appointment of the Prime Minister

The Constitution lacks a specific procedure for the selection and appointment of the Prime Minister. Article 75 stipulates only that the Prime Minister shall be appointed by the president. However, this does not suggest that the president enjoys unrestricted authority to appoint anyone as the Prime Minister. In line with the conventions of the parliamentary system of government, the President is obligated to appoint the leader of the majority party in the Lok Sabha as the Prime Minister. Yet, in scenarios where no party commands a clear majority in the Lok Sabha, the President may exercise personal discretion in the selection and appointment of the Prime Minister. In such instances, the President typically appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and mandates a vote of confidence in the House within a month. This discretion was first exercised by the President in 1979, when Neelam Sanjiva Reddy, then President, appointed Charan Singh, the coalition leader, as the Prime Minister following the collapse of the Janata Party government led by Morarji Desai.

Another situation where the president may need to exercise individual judgement in the selection and appointment of the Prime Minister arises when the incumbent Prime Minister dies suddenly and no obvious successor emerges. This occurred when Indira Gandhi was assassinated in 1984. President Zail Singh then appointed Rajiv Gandhi as the Prime Minister, bypassing the tradition of appointing a caretaker Prime Minister. Later, the Congress parliamentary party unanimously elected Rajiv Gandhi as its leader. However, if, upon the death of an incumbent Prime Minister, the ruling party elects a new leader, the President is obliged to appoint them as Prime Minister.

In 1980, the Delhi High Court ruled that the Constitution does not mandate that an individual must demonstrate their majority in the Lok Sabha before being appointed as the Prime Minister. The President may initially appoint them as Prime Minister and subsequently require them to prove their majority in the Lok Sabha within a reasonable timeframe. For instance, Charan Singh (1979), VP Singh (1989), Chandrasekhar (1990), PV Narasimha Rao (1991), AB Vajyapee (1996), Deve Gowda (1996), IK Gujral (1997), and again AB Vajpayee (1998) were appointed as Prime Ministers following this process.

In 1997, the Supreme Court determined that an individual who is not a member of either House of Parliament can be appointed as Prime Minister for a six-month period, during which they must become a member of either House of Parliament; otherwise, they cease to hold the position of Prime Minister.

Constitutionally, the Prime Minister may be a member of either of the two Houses of Parliament. For example, three Prime Ministers, Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004), were members of the Rajya Sabha. In contrast, in Britain, the Prime Minister must be a member of the Lower House (House of Commons).

Oath, Term and Salary of Prime Minister

Before assuming office, the Prime Minister takes the oath of office and secrecy administered by the President.

In the oath of office, the Prime Minister solemnly pledges:

1. To uphold true faith and allegiance to the Constitution of India.
2. To safeguard the sovereignty and integrity of India.
3. To discharge the duties of the office faithfully and conscientiously.
4. To uphold justice to all individuals in accordance with the Constitution and the law, impartially and without prejudice.

In the oath of secrecy, the Prime Minister vows not to disclose any information brought to his attention or becoming known to him as a Union Minister, except as necessary for fulfilling his ministerial duties.

The term of the Prime Minister is indefinite and subject to the pleasure of the President. However, this does not grant the President unilateral authority to dismiss the Prime Minister at will. As long as the Prime Minister maintains majority support in the Lok Sabha, dismissal by the President is not feasible. Nonetheless, if the Prime Minister loses the confidence of the Lok Sabha, resignation is necessary, or the President may dismiss them.

The salary and allowances of the Prime Minister are determined by Parliament periodically. The Prime Minister receives the same salary and allowances as a Member of Parliament, along with additional benefits such as sumptuary allowance, free accommodation, travel allowance, and medical facilities. In 2001, Parliament increased the Prime Minister’s sumptuary allowance from 1,500 to 3,000 per month.

Powers and Functions of the Prime Minister

The powers and functions of the Prime Minister can be categorized as follows:

In Relation to the Council of Ministers:

As the head of the Union Council of Ministers, the Prime Minister holds the following powers:

1. Recommending individuals for ministerial appointments to the President. Only those individuals recommended by the Prime Minister can be appointed as ministers by the President.
2. Allocating and rearranging various portfolios among ministers.
3. Requesting a minister’s resignation or advising the President to dismiss them in cases of disagreement.
4. Chairing council of ministers meetings and exerting influence over its decisions.
5. Providing guidance, direction, control, and coordination for the activities of all ministers.
6. Triggering the dissolution of the council of ministers by resigning from office.

Since the Prime Minister stands as the head of the Council of Ministers, the functioning of other ministers ceases upon the Prime Minister’s resignation or death. In essence, the resignation or demise of an incumbent Prime Minister automatically disbands the council of ministers, creating a void. Conversely, the resignation or death of any other minister merely results in a vacancy that the Prime Minister may choose to fill or leave unfilled.

In Relation to the President

The Prime Minister holds certain powers concerning the President, which are as follows:

1. Acting as the primary channel of communication between the President and the council of ministers. It is the Prime Minister’s duty to:
   • Relay to the President all decisions made by the council of ministers regarding the administration of Union affairs and proposals for legislation.
   • Provide any information regarding the administration of Union affairs and proposals for legislation that the President may request.
   • If requested by the President, present to the council of ministers any matter that has been decided upon by a minister but has not yet been considered by the council.
2. Providing advice to the President regarding the appointment of key officials such as the Attorney General of India, Comptroller and Auditor General of India, members of the Union Public Service Commission (UPSC), election commissioners, members of the Finance Commission, and others.

In Relation to Parliament

As the leader of the Lower House, the Prime Minister possesses the following powers:

1. Advising the President on the summoning and proroguing of Parliament sessions.
2. Recommending the dissolution of the Lok Sabha to the President at any given time.
3. Delivering announcements regarding government policies directly on the floor of the House.

Other Powers & Functions of the Prime Minister

Apart from the aforementioned major roles, the Prime Minister undertakes various other responsibilities:

1. Chairing positions in key councils such as the Planning Commission (now NITI Aayog), National Development Council, National Integration Council, Inter-State Council, and National Water Resources Council.
2. Playing a pivotal role in shaping the foreign policy of the nation.
3. Serving as the primary spokesperson for the Union government.
4. Acting as the chief crisis manager at the political level during emergencies.
5. Engaging with diverse sections of society across different states, receiving memoranda regarding their issues and concerns.
6. Leading the party in power.
7. Serving as the political head of the services.

Therefore, the Prime Minister holds a significant and vital role within the political-administrative framework of the country. As noted by Dr. B R Ambedkar, “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.”

Role Descriptions

The insights of eminent political scientists and constitutional experts regarding the role of the Prime Minister in Britain are equally applicable in the Indian context. These are outlined below:

• Lord Morely characterized the Prime Minister as ‘primus inter pares‘ (first among equals) and the ‘keystone‘ of the cabinet arch, emphasizing the exceptional and unique authority of the position within the cabinet.
• Herbert Marrison acknowledged the Prime Minister as ‘primus inter pares,’ but argued that this description underestimates the true significance of the Prime Minister’s role as the head of the Government.
• Sir William Vernor Harcourt depicted the Prime Minister as ‘inter stellas luna minores‘ (a moon among lesser stars), highlighting the Prime Minister’s central position among other cabinet members.
• Jennings likened the Prime Minister to a sun around which planets revolve, emphasizing the Prime Minister’s pivotal role in the constitution and governance.
• H.J. Laski stressed the Prime Minister’s centrality in the formation, life, and dissolution of the cabinet, describing the Prime Minister as the pivot around which the entire governmental machinery revolves.
• H.R.G. Greaves emphasized the Prime Minister’s mastery over the Government, portraying the Government as the master of the country and the Prime Minister as the master of the Government.
• Munro depicted the Prime Minister as ‘the captain of the ship of the state,’ implying the Prime Minister’s responsibility for steering the course of the nation.
• Ramsay Muir described the Prime Minister as ‘the steersman of the steering wheel of the ship of the state,’ highlighting the Prime Minister’s role in guiding the direction of governance.

The role of the Prime Minister in the British parliamentary system is deemed so significant and crucial that it is often referred to as a ‘Prime Ministerial government.’ This transformation has been observed in the post-war era, with commentators like R H Crossman noting the evolution from cabinet government to Prime Ministerial government. Similarly, Humphrey Berkely highlights the decline of parliamentary sovereignty at Westminster, attributing it to the super-ministerial powers wielded by the Prime Minister. These observations are equally applicable to the Indian context.

Relationship of the Prime Minister with the President

The Constitution delineates the relationship between the President and the Prime Minister through the following provisions:

1. Article 74: Establishes a council of ministers with the Prime Minister at the helm to assist and advise the President. The President is mandated to act in accordance with such advice. However, the President retains the authority to request the council of ministers to reconsider such advice, and subsequently, must act in accordance with the advice tendered after reconsideration.
2. Article 75: Outlines the appointment process of the Prime Minister and other ministers by the President. The Prime Minister is appointed by the President, while other ministers are appointed by the President on the advice of the Prime Minister. Ministers serve at the pleasure of the President, and the council of ministers collectively holds responsibility to the House of the People.
3. Article 78: Specifies the duties of the Prime Minister:
   • Communicating all decisions of the council of ministers pertaining to the administration of Union affairs and proposals for legislation to the President.
   • Providing any information requested by the President concerning the administration of Union affairs and proposals for legislation.
   • If requested by the President, presenting to the council of ministers any matter on which a decision has been made by a minister but has not yet been considered by the council.

Chief Ministers who became Prime Ministers

Six individuals – Morarji Desai, Charan Singh, V.P. Singh, P.V. Narasimha Rao, H.D. Deve Gowda, and Narendra Modi – ascended to the position of Prime Minister after serving as Chief Ministers of their respective states.

• Morarji Desai: He served as Chief Minister of the erstwhile Bombay State from 1952 to 1956 and became the first non-Congress Prime Minister in March 1977.
• Charan Singh: He held the position of Chief Minister of the undivided Uttar Pradesh in 1967-1968 and again in 1970 before assuming the role of Prime Minister.
• V.P. Singh: Also from Uttar Pradesh, he became Prime Minister in the short-lived National Front government from December 1989 to November 1990.
• P.V. Narasimha Rao: The first Prime Minister from South India, he served as Chief Minister of Andhra Pradesh from 1971 to 1973 before his tenure as Prime Minister from 1991 to 1996.
• H.D. Deve Gowda: He was Chief Minister of Karnataka when he was chosen to lead the United Front government in June 1996.
• Narendra Modi: As the Chief Minister of Gujarat, he assumed the office of Prime Minister in May 2014. Narendra Modi served as Chief Minister of Gujarat for four terms from 2001 to 2014.

Articles Related to Prime Minister

Article No.	Subject Matter
74	Other provisions for Ministers
75	Duties of the Prime Minister with respect the furnishing of information to the President, etc.
77	Conduct of business of the Government of India
78	Duties of the Prime Minister as respect the furnishing of information to the President, etc.

FAQs on the Prime Minister

1. How is the Prime Minister of India appointed?

The Prime Minister is appointed by the President of India. Conventionally, the leader of the majority party in the Lok Sabha is appointed, but in case of no clear majority, the President may exercise discretion. The appointment is subject to a subsequent vote of confidence in the Lok Sabha.

2. Can a non-member of Parliament be appointed as Prime Minister?

Yes, according to a 1997 Supreme Court ruling, an individual who is not a member of either House of Parliament can be appointed as Prime Minister for a maximum period of six months. However, during this time, they must become a member of either House of Parliament.

3. What are the essential duties outlined in the oath taken by the Prime Minister?

The Prime Minister pledges to uphold the Constitution, safeguard the sovereignty and integrity of India, discharge duties faithfully and conscientiously, and uphold justice impartially. Additionally, they vow not to disclose confidential information except as necessary for their duties.

4. How long can a Prime Minister serve in office?

The term of the Prime Minister is indefinite and subject to the pleasure of the President. However, as long as the Prime Minister maintains majority support in the Lok Sabha, dismissal by the President is not feasible. Losing confidence in the Lok Sabha necessitates resignation or dismissal by the President.

5. What is the salary and benefits of the Prime Minister?

The salary and allowances of the Prime Minister are determined by Parliament and are equivalent to those of a Member of Parliament. Additional benefits include sumptuary allowance, free accommodation, travel allowance, and medical facilities.

6. What powers does the Prime Minister have in relation to the Council of Ministers?

The Prime Minister recommends ministerial appointments to the President, allocates and rearranges portfolios among ministers, can request a minister’s resignation, chairs council meetings, and provides guidance and direction to ministers.

7. Can the Prime Minister dissolve the council of ministers?

Yes, the Prime Minister can trigger the dissolution of the council of ministers by resigning from office. However, the functioning of other ministers ceases upon the Prime Minister’s resignation or death, creating a void until a new Prime Minister is appointed.

8. What role does the Prime Minister play in Parliament?

The Prime Minister advises the President on summoning and proroguing Parliament sessions, recommends the dissolution of the Lok Sabha, and delivers government policy announcements directly on the floor of the House.

9. What other significant roles does the Prime Minister undertake?

The Prime Minister chairs key councils, shapes foreign policy, serves as the primary spokesperson for the government, acts as a crisis manager during emergencies, engages with diverse sections of society, leads the ruling party, and is the political head of the services.

10. How is the relationship between the President and the Prime Minister defined in the Constitution?

Articles 74, 75, and 78 of the Constitution delineate the relationship between the President and the Prime Minister, establishing the council of ministers to assist and advise the President, outlining the Prime Minister’s duties, and specifying communication channels and advisory responsibilities.

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