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Appointment of The Prime Minister

The Prime Minister is the real executive authority of India and head of government, while the President is the nominal executive and head of state. The Constitution does not specify how the Prime Minister is selected, but by convention they are the leader of the majority party in the Lok Sabha. If no party has a majority, the President can use discretion in appointing a coalition leader. The Prime Minister takes an oath of office and secrecy, and holds office at the President's pleasure, but can only be dismissed if they lose the confidence of the Lok Sabha. The Prime Minister advises the President on appointments and is the main link between the President and Council of Ministers.

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82 views4 pages

Appointment of The Prime Minister

The Prime Minister is the real executive authority of India and head of government, while the President is the nominal executive and head of state. The Constitution does not specify how the Prime Minister is selected, but by convention they are the leader of the majority party in the Lok Sabha. If no party has a majority, the President can use discretion in appointing a coalition leader. The Prime Minister takes an oath of office and secrecy, and holds office at the President's pleasure, but can only be dismissed if they lose the confidence of the Lok Sabha. The Prime Minister advises the President on appointments and is the main link between the President and Council of Ministers.

Uploaded by

Abhay Pandey
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Prime Minister

In the scheme of parliamentary system of government provided by the


constitution, the President is the nominal executive authority (de jure
executive) and Prime Minister is the real executive authority (de facto
executive). In other words, president is the head of the State while
Prime Minister is the head of the government.

APPOINTMENT OF THE PRIME MINISTER

The Constitution does not contain any specific procedure for the
selection and appointment of the Prime Minister. Article 75 says only
that the Prime Minister shall be appointed by the president. However,
this does not imply that the president is free to appoint any one as the
Prime Minister. In accordance with the conventions of the
parliamentary system of government, the President has to appoint the
leader of the majority party in the Lok Sabha as the Prime Minister.

But, when no party has a clear majority in the Lok Sabha, then the
President may exercise his personal discretion in the selection and
appointment of the Prime Minister. In such a situation, the President
usually appoints the leader of the largest party or coalition in the Lok
Sabha as the Prime Minister and asks him to seek a vote of
confidence in the House within a month. This discretion was exercised
by the President, for the first time in 1979, when Neelam Sanjiva
Reddy (the then President) appointed Charan Singh (the coalition
leader) as the Prime Minister after the fall of the Janata Party
government headed by Morarji Desai.

OATH, TERM AND SALARY


Before the Prime Minister enters upon his office, the president
administers to him the oaths of office and secrecy.2 In his oath of
office, the Prime Minister swears:
1. to bear true faith and allegiance to the Constitution of India, 2. to
uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his
Office.

The term of the Prime Minister is not fixed and he holds office during
the pleasure of the president. However, this does not mean that the
president can dismiss the Prime Minister at any time. So long as the
Prime Minister enjoys the majority support in the Lok Sabha, he
cannot be dismissed by the President. However, if he loses the
confidence of the Lok Sabha, he must resign or the President can
dismiss him.

The salary and allowances of the Prime Minister are determined by


the Parliament from time to time. He gets the salary and allowances
that are payable to a member of Parliament. Additionally, he gets a
sumptuary allowance, free accommodation, travelling allowance,
medical facilities, etc. In 2001, the Parliament increased his sumptuary
allowance from ₹1,500 to ₹3,000 per month.

In Relation to Council of Ministers

The Prime Minister enjoys the following powers as head of the Union
council of ministers:
1. He recommends persons who can be appointed as ministers by the
president. The President can appoint only those persons as ministers
who are recommended by the Prime Minister.
2. He allocates and reshuffles various portfolios among the ministers.
3. He can ask a minister to resign or advise the President to dismiss
him in case of difference of opinion.
4. He presides over the meeting of the council of ministers and
influences its decisions.
5. He guides, directs, controls, and coordinates the activities of all the
ministers.

In Relation to the President

The Prime Minister enjoys the following powers in relation to the


President:
1. He is the principal channel of communication between the President
and the council of ministers.
2. He advises the president with regard to the appointment of
important officials like attorney general of India, Comptroller and
Auditor General of India, chairman and members of the UPSC,
election commissioners, chairman and members of the finance
commission and so on.

Other Powers & Functions


In addition to the above-mentioned three major roles, the Prime
Minister has various other roles. These are:
1. He is the chairman of the NITI Ayog (which succeeded the planning
commission), InterState Council, National Water Resources Council
and some other bodies.

2. He plays a significant role in shaping the foreign policy of the


country.

3. He is the chief spokesman of the Union government.

RELATIONSHIP WITH THE PRESIDENT


​ rticle 74
A
There shall be a council of ministers with the Prime Minister at the
head to aid and advise the President who shall, in the exercise of his
functions, act in accordance with such advice.

Article 75
(a) The Prime Minister shall be appointed by the President and the
other ministers shall be appointed by the president on the advice of
the Prime Minister; (b) The ministers shall hold office during the
pleasure of the president; and (c) The council of ministers shall be
collectively responsible to the House of the People.

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