The Prime Minister of India officially the Prime Minister of the Republic of India, is that the leader of the executive branch of the govt of India. The prime minister is that the chief adviser to the President of India and therefore the head of the Union Council of Ministers. they will be a member of any of the 2 houses of the Parliament of India—the Lok Sabha (House of the People) and therefore the Rajya Sabha (Council of the States); but has got to be a member of the party or coalition, having a majority within the Lok Sabha.
The prime minister is that the senior-most member of cabinet within the executive of state during a parliamentary system. The prime minister selects and may dismiss members of the cupboard ; allocates posts to members within the government; and is that the presiding member and chairperson of the cabinet.
The Union Cabinet headed by the prime minister is appointed by the President of India to help the latter within the administration of the affairs of the chief . Union cabinet is collectively responsible to the Lok Sabha as per Article 75(3) of the Constitution of India. The prime minister has got to enjoy the arrogance of a majority within the Lok Sabha and shall resign if they’re unable to prove majority when instructed by the president.
Origins and history
India follows a parliamentary system during which the prime minister is that the presiding head of the govt and chief of the executive of the govt . In such systems, the head of state, or, the head of state’s official representative (i.e., the monarch, president, or governor-general) usually holds a purely ceremonial position and acts—on most matters—only on the recommendation of the prime minister.
The prime minister—if they’re not already—shall become a member of parliament within six months of beginning his/her tenure. a major minister is predicted to figure with other central ministers to make sure the passage of bills by the parliament.
Constitutional framework and position of prime minister
The Constitution envisions a scheme of affairs during which the president of India is that the head of state; in terms of Article 53 with office of the prime minister being the top of Council of Ministers to help and advise the president within the discharge of his/her constitutional functions. To quote, Article 53, 74 and 75 provide as under;
The executive powers of the Union shall be vested within the president and shall be exercised either directly or through subordinate officers, in accordance with the Constitution.— Article 53(1), Constitution of India
There shall be a Council of Ministers with the Prime Minister at the top to assist and advise the president who shall, within the exercise of his functions, act in accordance with such advice.— Article 74(1), Constitution of India
The Prime Minister shall be appointed by the President and therefore the other Ministers shall be appointed by the President on the recommendation of the Prime Minister.— Article 75(1), Constitution of India
Like most parliamentary democracies, the president’s duties are mostly ceremonial as long because the constitution and therefore the refore the rule of law is obeyed by the cupboard and the legislature. The prime minister of India is that the head of state and has the responsibility for executive power. The president’s constitutional duty is to preserve, protect and defend the Constitution and therefore the law per article 60. within the constitution of India, the prime minister is mentioned in just four of its articles (articles 74, 75, 78 and 366), however he/she plays an important role within the government of India by enjoying majority within the Lok Sabha.
Appointment, tenure and removal
According to Article 84 of the Constitution of India, which sets the principle qualification for member of Parliament, and Article 75 of the Constitution of India, which sets the qualifications for the minister within the Union Council of Ministers, and therefore the argument that the position of prime minister has been described as primus inter pares (the first among equals), a major minister must:
• be a citizen of India.
• be a member of the Lok Sabha or the Rajya Sabha. If the person chosen because the prime minister is neither a member of the Lok Sabha nor the Rajya Sabha at the time of selection, they need to become a member of either of the homes within six months.
• be above 25 years aged if they’re a member of the Lok Sabha, or, above 30 years aged if they’re a member of the Rajya Sabha.
• not hold any office of profit under the govt of India or the govt of any state or under any local or other authority subject to the control of any of the said governments.
Oaths of office and secrecy
If however a candidate is elected because the prime minister they need to vacate their post from any private or government company and should take up the post only on completion of their term.
The prime minister is required to form and subscribe within the presence of the President of India before entering office, the oath of office and secrecy, as per the Third Schedule of the Constitution of India.
Tenure and removal from office
The prime minister serves on ‘the pleasure of the president’, hence, a major minister may remain in office indefinitely, goodbye because the president has confidence in him/her. However, a major minister must have the arrogance of Lok Sabha, the lower house of the Parliament of India.
However, the term of a major minister can end before the top of a Lok Sabha’s term, if an easy majority of its members not believe in him/her, this is often called a vote-of-no-confidence. Three prime ministers, I. K. Gujral, H. D. Deve Gowda and Atal Bihari Vajpayee are voted out from office this manner . additionally , a major minister also can resign from office; Morarji Desai was the primary prime minister to resign while in office.
Upon ceasing to possess the requisite qualifications to be a member of Parliament subject to the Representation of the People Act, 1951.
Role and power of the prime minister
The prime minister leads the functioning and exercise of authority of the govt of India. The president of India—subject to eligibility—invites an individual who is commanding support of majority members of Lok Sabha to make the govt of India—also referred to as the central government or Union government—at the national level and exercise its powers. In practice the prime minister nominates the members of their council of ministers to the president. They also work upon to make a decision a core of ministers (known because the cabinet), as responsible of the important functions and ministries of the govt of India.
The prime minister is liable for aiding and advising the president in distribution of labor of the govt to varied ministries and offices and in terms of the govt of India (Allocation of Business) Rules, 1961. The co-ordinating work is usually allocated to the cupboard Secretariat. While the work of the govt is usually divided into various Ministries, the prime minister may retain certain portfolios if they’re not allocated to any member of the cupboard .
The prime minister—in consultation with the cabinet—schedules and attends the sessions of the homes of parliament and is required to answer the question from the Members of Parliament to them because the in-charge of the portfolios within the capacity as prime minister of India.
Some specific ministries/department aren’t allocated to anyone within the cabinet but the prime minister themself.The prime minister is typically always in charge/head of:
- Ministry of Personnel, Public Grievances and Pensions (as Minister of Personnel, Public Grievances and Pensions)
- Cabinet Secretariat
- Appointments Committee of the Cabinet
- Cabinet Committee on Security
- Cabinet Committee on Economic Affairs
- NITI Aayog
- Department of Atomic Energy
- Department of Space
- Nuclear Command Authority
The prime minister represents the country in various delegations, high level meetings and international organisations that need the attendance of the very best office , and also addresses to the state on various problems with national or other importance.
Per Article 78 of the constitution, the official communication between the union cabinet and therefore the president are through the prime minister. Other wise constitution recognises the prime minister as a member of the union cabinet only outside the sphere of union cabinet.
Administrative and appointment powers
The prime minister recommends to the president—among others—names for the appointment of:
• Chief Election Commissioner of India (CEC) and other Election Commissioners of India (ECs)
• Comptroller and Auditor General of India (C&AG)
• Chairperson and members of the Union Public Service Commission (UPSC)
• Chief Information Commissioner of India (CIC) and knowledge Commissioners of India
• Chairperson and members of the finance commission (FC)
• Attorney General of India (AG) and lawman of India (SG)
As the chairperson of Appointments Committee of the cupboard (ACC), the prime minister—on the non-binding advice of the cupboard Secretary of India led-Senior Selection Board (SSB)—decides the postings of top civil servants, such as, secretaries, additional secretaries and joint secretaries within the government of India. Further, within the same capacity, the PM decides the assignments of top military personnel like the Chief of the military Staff, Chief of the Air Staff, Chief of the Naval Staff and commanders of operational and training commands. additionally , the ACC also decides the posting of Indian Police Service officers—the All India Service for policing, which staffs most of the upper level enforcement positions at federal and state level—in the govt of India.
Also, because the Minister of Personnel, Public Grievances and Pensions, the PM also exercises control over the Indian Administrative Service (IAS), the country’s premier government officials , which staffs most of the senior government officials positions; the general public Enterprises Selection Board (PESB); and therefore the Central Bureau of Investigation (CBI), apart from the choice of its director, who is chosen by a committee of: (a) the prime minister, as chairperson; (b) the leader of the opposition in Lok Sabha; and (c) the judge .
Unlike most other countries, the prime minister doesn’t have much influence over the choice of judges, that’s done by a collegium of judges consisting of the judge of India, four senior most judges of the Supreme Court of India and therefore the chief justice—or the senior-most judge—of the concerned state supreme court . the chief as an entire , however, has the proper to remit a recommended name to the collegium for reconsideration, this, however, isn’t a full Veto power, and therefore the collegium can still suggests rejected name.
The prime minister acts because the leader of the house of the chamber of parliament—generally the Lok Sabha—he/she belongs to. during this role, the prime minister is tasked with representing the chief within the legislature, he/she is additionally expected to announce important legislation, and is further expected to reply to the opposition’s concerns. Article 85 of the Indian constitution confers the president with the facility to convene and end extraordinary sessions of the parliament, this power, however, is exercised only on the advise of the prime minister and his/her council, so, in practice, the prime minister does exercise some control over affairs of the parliament.
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