- Prez is nominal executive or de jure executive
- Head of State or Union
- PM is real executive or de facto executive
- Head of Govt
Appointment of PM
- Constitution doesn't provide procedure for selection and appointment of PM
- Parliamentary convention is to appoint leader of majority party in LS as PM
- When no party gets Majority = Prez discretion
- Usually leader of largest party or coalition + Vote of confidence in 1 month
- Neelam Sajiva Reddy (prez) appointed Charan Singh coalition after fall of Morarji Desai govt
- When prez dies and no obvious successor = Prez discretion
- Prez Zail Singh appointed Rajiv G after Indira G died
- But prez has no choice if ruling party elects new leader
- When no party gets Majority = Prez discretion
- Cases
- 1980 - Delhi HC - Can appoint PM before proving majority within 1 month
- 1997 - SC - Non member of LS & RS can be appointed as PM but should become one in 6 months
- PM can be member of either LS or RS (UK only house of commons)
Oaths and Term
- Prez administers to PM - Oath of Office and secrecy
- faith and allegiance to constitution
- uphold sovereignty and integrity of India
- faithfully and conscientiously discharge duties of his office
- Term
- Not fixed
- Holds office during the pleasure of the prez
- A74 - But prez can't dismiss PM as long as he enjoys majority in LS
Powers and functions of the PM
In relation to COM
- A 75 - Recommends appointment of ministers to prez
- Allocates and reshuffles portfolios
- Ask minister to resign or advice prez to dismiss him
- Presides over meeting of COM
- Guides, directs, controls and coordinates the activites of all ministers
- Can collapse COM if he resigns
- Resignation or death of PM collapses COM
In relation to Prez
- A 78 - Channel of communication b/w Prez & COM
- His duty to
- Communicate decisions made by COM + PM
- Furnish info relating to administration & legislation if prez asks for
- His duty to
- Informs about appointment of
- Attorney General of India
- CAG
- Chair & members of
- UPSC
- FC
- Election commissioners ...etc
In relation to Parliament
- Leader of LS
- So advises prez regarding
- Summoning
- Proroguing
- Dissolution of LS
- Announces govt policies on the floor of house
- So advises prez regarding
Other powers & Functions
- Chair of
- PC or now NITI Ayog
- National development Council
- National Integration Council
- Inter-state Council
- National water resources Council
- Significant role in shaping foreign policy
- Chief spokesman of Union
- Crisis manager-in-chief at the political level during emergency
- Leader of Nation
- Leader of party in power
- Political head of the services
Role Descriptions
- Lord Morley
- primus inter pares (first among equals)
- key stone of cabinet arch
- head of the cabinet is primus inter pares
- Herbert Marrison
- primus inter pares
- Sir William Vernor Harcourt
- inter stellas luna minores - a moon among lesser stars
- Jennings
- Sun around which planet revolve
- Keystone of constitution
- All roads in the constitution lead to the president
- H.J.Laski
- Relation b/w PM & COM
- central to its formation
- central to its life
- central to its death
- Pivot around which entire governmental machinery revolves
- Relation b/w PM & COM
- H.R.G Greaves
- Govt is the master of the Country
- PM is the master of the Govt
- Munro
- Captain of the ship of the state
- Ramsay Muir
- steersman of the steering wheel of the ship of the state
- Humphrey Berkely
- Basic defect is super-ministerial powers of PM
- Many observers
- Prime ministerial government