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You are here: Home / Polity / Prime Minister

Prime Minister

May 14, 2020 by BureaucratONE Leave a Comment Last Updated May 14, 2020

  • Prez is nominal executive or de jure executive
    • Head of State or Union
  • PM is real executive or de facto executive
    • Head of Govt
Table of Contents hide
1 Appointment of PM
2 Oaths and Term
3 Powers and functions of the PM
3.1 In relation to COM
3.2 In relation to Prez
3.3 In relation to Parliament
4 Other powers & Functions
5 Role Descriptions

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

Filed Under: Polity, UPSC

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