Prime Minister: Appointment, Powers, and Functions

Prime Minister of India: The Prime Minister is one of the important posts of the Union Executive along with the President, Vice-President, and Council of Ministers. As per the scheme of the Indian parliamentary system, the President is the head of the state while the Prime Minister is the head of the government. Simply put, the President is the nominal head while the Prime Minister is the real head of the government.

Who is PM?

A PM or Prime Minister is the head of government and leader of the executive branch in a parliamentary or semi-presidential system. The PM’s most important function is leading the cabinet, which is a group of ministers who each oversee specific areas like foreign affairs, finance, or defense. The PM chooses these ministers and chairs their meetings, where they discuss and decide on important government policies. They also act as the main spokesperson for the government, both domestically and internationally, and represent the country at major summits and events.

Beyond that, the PM has a wide range of other duties. They might be responsible for proposing and passing laws, negotiating treaties with other countries, commanding the armed forces, or even handling national crises. They’re also often seen as the symbolic head of the nation, someone who embodies the country’s values and aspirations. But in general, they’re the ultimate decision-maker and the driving force behind the government’s agenda. They’re the ones who answer the tough questions, make the hard choices, and ultimately take the blame or credit for the country’s successes and failures.

Eligibility Criteria for Prime Minister

To become the Prime Minister of India, one has to fulfill the following basic eligibility requirements:

• Must be a citizen of India.
• Must be a member of either house, Rajya Sabha or Lok Sabha. (or should become a member within 6 months after the appointment).
• His age should be at least 30 years (if he is a member of Rajya Sabha) and at least 25 years (if he is a member of Lok Sabha).

Appointment of The Prime Minister

As per Article 75 of the Indian Constitution, the President should appoint the Prime Minister. However, the President is not free to appoint anyone as the Prime Minister. The appointment of the Prime Minister in India follows a specific and well-defined procedure. The President has to make the selection following the conventions of the parliamentary system of government.

• As per the conventions of the parliamentary government system, the leader of the majority party in Lok Sabha (House of the People) should be appointed as the Prime Minister by the President. After the appointment, the Prime Minister has to seek a vote of confidence in the House to continue with his position.
• However, when no party has a clear majority in Lok Sabha, the President can either appoint the leader of the larger party or the leader of the coalition as the Prime Minister. For example, in 1979, the then President (Neelam Sanjiva Reddy) appointed the coalition leader (Charan Singh) as the PM.
• Another situation is when the President has to appoint the Prime Minister when the PM of the office dies unexpectedly. This happened in 1984 when Zail Singh (the then President) appointed Rajiv Gandhi as Prime Minister after the assassination of Indira Gandhi.
• In 1980, the Delhi High Court said that as per the Constitution, a person does not need to prove his majority in the Lok Sabhas before being appointed as the Prime Minister, but he can do it after the appointment (but within a specific period).
• In 1997, the Supreme Court said that a person who is not a member of either House of Parliament is eligible to be appointed as the Prime Minister. However, he should become a member of either house within six months of his appointment.

Term of the Prime Minister

The tenure is the Prime Minister is not specified in the Constitution and he holds the office during the pleasure of the President. However, it doesn’t imply that the President has the power to dismiss the Prime Minister at any time. As long as the Prime Minister enjoys the majority in Lok Sabha, the President can not dismiss. But if the PM loses the majority, either he has to resign or the President dismisses him.

Powers & Functions of the Prime Minister

The Prime Minister of India holds a position of immense significance within the country’s political structure. As the head of government, the Prime Minister has a wide range of powers and functions that are essential for the functioning of the government and the nation. Here are the key powers and functions of the Prime Minister of India

1. As Head of the Union Council of Ministers

The Prime Minister is the head of the Council of Ministers of the Union. His functions and powers about CoM are as follows:

• Recommending qualified people to be appointed as ministers by the President.
• Assigning portfolios to the ministers and reshuffling them when required.
• Asking a minister to resign or advising the President to dismiss a minister in case of a crucial opinion difference.
• Heading the meeting of the Council of Ministers and influencing its decisions.
• Guiding, Directing, Coordinating, and controlling the activities of all the union ministers.

Note: If the Prime Minister resigns from the office, the entire Council of Ministers collapses. The same happens when the Prime Minister dies.

2. Functions in Relation to The President

The Prime Minister acts as the communication channel between the President and the Council of Ministers. The functions of the PM in relation to the President include:

• Communicating all the decisions of the Council of Ministers to the President.
• Advising the President regarding the appointment of important officials like Attorney General of India, chairman and members of UPSC, Comptroller and auditor general of India, election commissioners, etc.

3. As The Leader of the Lok Sabha

The Prime Minister is also the leader of the Lower House, i.e. Lok Sabha. In this role, he enjoys the below-mentioned powers:

• Recommending the President to dissolve the Lok Sabha at any time.
• Advising the President about the summoning and proroguing of the Parliamentary sessions.
• Announcing government policies on the floor of Lok Sabha.

4. Other Functions & Powers

Apart from the above-listed powers, the Prime Minister has several other roles and responsibilities as follows:

• He is the chairman of the National Integration Council, NITI Aayog, Inter-State Council, National Water Resources, and a few other bodies.
• The Prime Minister is also the chief spokesman of the Union government.
• He plays a vital role in shaping the foreign policies.
• The PM is also responsible for crisis management at the political level in case of any emergencies.

Relationship Between The President and the Prime Minister

Article 74, Article 75, and Article 78 of the Constitution of India deal with the relationship of the Prime Minister with the President. Refer to the following table to understand it in further detail:

Article	Statement
Article 74	Talks about the Prime Minister being the head of the council of ministers to aid and advise the President in the exercise of his duties.
Article 75	(a) The President should appoint the Prime Ministers and the other ministers should be appointed by the President on the advice of the PM. (b) The ministers (including the Prime Minister) shall hold the office during the pleasure of the President. (c) The Council of Ministers is collectively responsible to the Lok Sabha.
Article 78	(a) The Prime Minister should communicate to the President all the decisions of the Council of Ministers. (b) It is the duty of the PM to furnish such information related to the administration of the Union affairs. (c) If there is any matter on which a decision has been taken by a minister but has not been considered by the council, the Prime Minister should submit it for the consideration if the President requires so.

Power Restrictions of a Prime Minister

The power restrictions of a Prime Minister (PM) vary depending on the specific country’s constitution and political system, but some general limitations exist:

Legislative Power

While the PM often has significant influence over drafting and passing laws, they rarely possess absolute legislative power. They may need to get bills approved by the legislature, which can involve debate, amendments, and potential rejection.

Judicial Power

The PM typically has no direct control over the judiciary, which is meant to be an independent body upholding the law. They cannot overrule court decisions or interfere with ongoing legal proceedings.

Oversight and Accountability

The PM is usually subject to oversight from various bodies, such as the legislature, independent commissions, or even the media. These bodies can investigate the PM’s actions, expose wrongdoing, and recommend sanctions, which can include censure, loss of no-confidence votes, or even impeachment.

Constitutional Constraints

The constitution sets the boundaries of the PM’s power. It may define specific actions the PM cannot take, limit their authority during emergencies, or require them to act upon the advice of other bodies.

Internal Party Politics

The PM’s power is often constrained by their own party. They need to maintain the support of their party members to stay in power, which can involve compromise, negotiation, and adhering to party lines.

Public Opinion and Media Scrutiny

The PM’s actions are constantly under public scrutiny and media attention. A PM facing strong public disapproval or negative media coverage may be forced to back down from certain decisions or face political consequences.

International Relations

While the PM often represents the country on the world stage, their foreign policy decisions may need approval from other government bodies or be limited by international treaties and agreements.

Financial Restrictions

The PM’s spending authority is often subject to budgetary oversight and approval from legislative bodies. They cannot freely allocate funds without justification and legal procedures.

Power Misuse of a Prime Minister

Prime Ministers, despite their immense power and influence, are not immune to misuse. Here are some common ways a PM might abuse their power:

1. Ignoring the rule of law: This might mean twisting or breaking laws for personal gain, stopping disagreement using legal ways, or using laws against rivals.
2. Corruption and self-enrichment: This can include taking bribes, stealing public money, giving jobs or benefits to family or friends, all for their benefit instead of the country’s good.
3. Suppressing dissent and freedom of speech: This might mean stopping protests and criticism in the media, quieting journalists and activists, or controlling what people know to influence what they think.
4. Eroding democratic institutions: This might mean making courts or laws less strong, not balancing powers well, or getting involved in elections to help their own group.
5. Inciting violence and discrimination: This might mean using their authority to spread hate talk, focus on smaller groups or less powerful people, or encourage violence against those seen as enemies.
6. Aggrandizement of power: This might mean trying to stay in power longer than allowed, keeping too much power for themselves, or stopping others from taking their place.
7. Foreign policy adventurism: This might mean making careless military moves, caring more about themselves than the country’s safety, or hurting friendships with other countries for their benefit.
8. Misuse of emergencies: In some cases, a PM might use crises like disasters or pandemics to get more power, limiting people’s rights and freedoms by saying it’s needed for safety.

Conclusion

The Prime Minister of India holds an important place in the nation’s governance, with powers and functions that are crucial for the functioning of the government and the progress of the country. The appointment, powers, and functions of the Prime Minister are defined by the Indian Constitution and the democratic processes that supports the country’s political system. This office is not only responsible for internal governance but also for representing India on the international stage, making it a significant and influential position in the world’s largest democracy.

Related Resources:

• List of PM of India (1947-2023)
• Prime Minister Salary of India
• List of Prime Ministers of United Kingdom
• Appointment and Functions of The Council of Ministers
• List of Deputy PM of India (1947-2004)

FAQs – Prime Minister

1. Can the President appoint any one as the Prime Minister?

Though the President is given the power to appoint the Prime Minister, he cannot appoint anyone randomly. The leader of the majority party in Lok Sabha should be appointed as the Prime Minister by the President.

2. Is it necessary to be a member of either house to become the Prime Minister of India?

In 1997, the Supreme Court said that a person shouldn’t necessarily be a member of either House in order to be appointed as Prime Minister. However, he should become a member within six months after being appointed.

3. Who administers the oath of office of the Prime Minister?

The oath of office of the Prime Minister is administered by the President.

4. What are the three main powers of the Prime Minister of India?

1. The Prime Minister is the de facto head of government and exercises executive authority over the administration.
2. The Prime Minister has the authority to appoint and dismiss ministers. They form the Council of Ministers and allocate portfolios to different ministers.
3. The Prime Minister serves as the chief advisor to the President of India. They provide counsel and recommendations to the President on various matters, including the appointment of judges, dissolution of the Lok Sabha (the lower house of Parliament), and more.