Prime Minister

• 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
  1. 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
  2. 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
• 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
• 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

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
• 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