PRIME MINISTER OF INDIA — APPOINTMENT, POWERS, FUNCTIONS AND CONSTITUTIONAL POSITION

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PRIME MINISTER OF INDIA — APPOINTMENT, POWERS, FUNCTIONS AND CONSTITUTIONAL POSITION

1. Constitutional Position

• The Prime Minister of India is the head of the Union Council of Ministers and the central figure in India’s parliamentary executive.
• Article 74 provides for a Council of Ministers with the Prime Minister at its head to aid and advise the President.
• The President normally acts in accordance with this ministerial advice, though the President may once require reconsideration. (India Code)
• NCERT describes the Prime Minister as the most important political institution in the country. (NCERT)

2. Appointment

• Under Article 75, the Prime Minister is appointed by the President.
• In normal circumstances, the President appoints the leader of the party or coalition commanding a majority in the Lok Sabha.
• Where no party has a clear majority, the President appoints the person considered most likely to obtain majority support in the House. (NCERT)

3. Qualification and Parliamentary Membership

• The Constitution does not prescribe separate educational or other special qualifications for becoming Prime Minister.
• A Prime Minister must be eligible to be a member of Parliament.
• A person who is not an MP at the time of appointment may become Prime Minister or Minister, but must become a member of either House of Parliament within six months. (NCERT)
• The Prime Minister may belong to either the Lok Sabha or Rajya Sabha.

4. Tenure

• The Prime Minister has no fixed constitutional tenure of five years.
• The Prime Minister remains in office so long as the Council of Ministers enjoys the confidence of the Lok Sabha.
• Loss of majority support ordinarily requires the Prime Minister and the Council of Ministers to resign. (NCERT)

5. Formation of the Council of Ministers

• Other Union Ministers are formally appointed by the President on the advice of the Prime Minister.
• The Prime Minister plays the decisive role in selecting ministers and distributing or reshuffling portfolios.
• The Council includes Cabinet Ministers, Ministers of State with Independent Charge and Ministers of State.
• The Cabinet constitutes the smaller and more influential decision-making core of the Council of Ministers. (NCERT)