Role and Authority of the Prime Minister

Role and Authority of the Prime Minister in the Parliamentary System

• In India’s parliamentary form of governance, the President functions as the nominal (de jure) executive authority, whereas the Prime Minister holds the actual (de facto) executive powers.
  • The President serves as the Head of State.
  • The Prime Minister acts as the Head of Government.

Appointment of the Prime Minister

• The Constitution does not define a specific selection procedure for the Prime Minister.
  • Article 75 states that the Prime Minister is appointed by the President, but this does not mean absolute discretion.
  • As per parliamentary conventions:
    • (i) If one party has a clear majority in the Lok Sabha, the President appoints its leader as Prime Minister.
    • (ii) In case of a hung Parliament:
      • (a) The President may use personal judgement.
      • (b) Typically, the leader of the largest party or coalition is appointed and asked to secure a vote of confidence within one month.
  • Historical Example: In 1979, President Neelam Sanjiva Reddy appointed Charan Singh as Prime Minister after the Morarji Desai-led Janata Party fell.
• Special circumstances for Presidential discretion:
  • (i) Sudden death of an incumbent PM with no clear successor.
    • Example: After Indira Gandhi’s assassination in 1984, President Zail Singh appointed Rajiv Gandhi without naming a caretaker PM.
  • (ii) If the ruling party elects a new leader after the PM’s death, the President must appoint that person.
• Judicial rulings on appointment:
  • (i) Delhi High Court, 1980: PM need not prove majority before appointment; the President may require proof within a reasonable period.
    • Examples: Charan Singh (1979), V.P. Singh (1989), Chandrashekhar (1990), P.V. Narasimha Rao (1991), A.B. Vajpayee (1996, 1998), Deve Gowda (1996), I.K. Gujral (1997).
  • (ii) Supreme Court, 1997: A non-MP can be PM for up to six months, during which they must become a member of either House.
• House membership requirement:
  • The PM may belong to either the Lok Sabha or Rajya Sabha.
    • Examples: Indira Gandhi (1966), Deve Gowda (1996), Manmohan Singh (2004) – all from Rajya Sabha.
  • In Britain, the PM must be from the Lower House (House of Commons).

Oath, Term, and Salary of the Prime Minister

• Oath of Office – Administered by the President before assuming duties:
  • (i) To uphold faith and allegiance to the Constitution of India.
  • (ii) To protect sovereignty and integrity of the nation.
  • (iii) To conscientiously perform duties of office.
  • (iv) To act fairly and without bias.
• Oath of Secrecy – The PM pledges not to reveal confidential matters except as required for official duties.
• Term of Office:
  • The PM serves at the pleasure of the President, but cannot be removed if supported by Lok Sabha majority.
  • If Lok Sabha confidence is lost, the PM must resign or face dismissal.
• Salary and Allowances:
  • Decided by Parliament.
  • Same as an MP’s entitlements plus:
    • (i) Sumptuary allowance (raised from ₹1,500 to ₹3,000 in 2001).
    • (ii) Official residence.
    • (iii) Travel and medical facilities.

Powers and Functions of the Prime Minister

• The responsibilities of the Prime Minister can be grouped under distinct categories based on their scope and authority.

In Relation to the Council of Ministers

• As the head of the Union Council of Ministers, the Prime Minister exercises the following powers:
  • (i) Recommends the names of individuals to be appointed as ministers — the President can only appoint those suggested by the Prime Minister.
  • (ii) Allocates and reorganises ministerial portfolios as needed.
  • (iii) May request a minister’s resignation or advise the President to remove them in case of serious disagreements.
  • (iv) Chairs meetings of the Council of Ministers and shapes its decisions.
  • (v) Guides, supervises, and coordinates the work of all ministers.
  • (vi) Can trigger the fall of the entire council by resigning from office.
• Impact of resignation or death:
  • The resignation or death of the Prime Minister automatically dissolves the Council of Ministers, creating a political vacuum.
  • By contrast, the departure of any other minister merely leaves a vacancy, which the Prime Minister may choose to fill or keep vacant.

In Relation to the President

• The Prime Minister acts as the primary link between the President and the Council of Ministers.
  • Duties include:
    • (i) Communicating all decisions of the council regarding Union administration and legislative proposals.
    • (ii) Providing information about Union administration or legislation when requested by the President.
    • (iii) Presenting any matter before the council if required by the President, even if already decided by an individual minister.
  • Advises the President on key appointments, such as:
    • (i) Attorney General of India
    • (ii) Comptroller and Auditor General of India
    • (iii) Chairman and members of the UPSC
    • (iv) Election Commissioners
    • (v) Chairman and members of the Finance Commission
    • (vi) Other high-ranking constitutional authorities

In Relation to Parliament

• As the Leader of the Lok Sabha, the Prime Minister has powers such as:
  • (i) Advising the President on convening and adjourning Parliament sessions.
  • (ii) Recommending dissolution of the Lok Sabha at any time.
  • (iii) Making policy announcements on the floor of the House.

Other Powers and Functions

• Beyond these constitutional and legislative roles, the Prime Minister also:
  • (i) Chairs bodies like the Planning Commission (now NITI Aayog), National Development Council, National Integration Council, Inter-State Council, and National Water Resources Council.
  • (ii) Plays a decisive role in shaping foreign policy.
  • (iii) Serves as the chief spokesperson of the Union Government.
  • (iv) Acts as crisis manager-in-chief during emergencies.
  • (v) Meets various groups and delegations across states, receiving petitions and feedback.
  • (vi) Leads the ruling political party.
  • (vii) Serves as the political head of the civil services.
• Significance: The Prime Minister holds a central and decisive role in India’s politico-administrative system. Dr. B.R. Ambedkar remarked that, if any official in our Constitution were to be compared to the US President, it would be the Prime Minister, not the President of the Union.

Expert Opinions on the Role of the Prime Minister

• Notable observations made by eminent political scientists and constitutional experts about the Prime Minister’s role in Britain are also highly relevant in the Indian parliamentary context.

Views of Distinguished Thinkers

• Lord Morley:
  • Described the Prime Minister as ‘primus inter pares’ (first among equals) and the ‘keystone of the cabinet arch’.
  • Remarked: “The head of the cabinet is ‘primus inter pares’ and occupies a position which, so long as it lasts, is one of exceptional and unique authority.”
• Herbert Morrison:
  • Agreed with the term ‘primus inter pares’ but called it too modest a description of the PM’s actual influence.
• Sir William Vernon Harcourt:
  • Referred to the PM as ‘inter stellas luna minores’ (a moon among lesser stars).
• Jennings:
  • Compared the PM to the sun around which all planets revolve.
  • Called him the keystone of the constitution and observed that “all roads in the constitution lead to the Prime Minister.”
• H.J. Laski:
  • On the PM–cabinet relationship: “He is central to its formation, central to its life, and central to its death.”
  • Portrayed him as the pivot around which the entire governmental machinery revolves.
• H.R.G. Greaves:
  • Remarked: “The Government is the master of the country, and he (Prime Minister) is the master of the Government.”
• Munro:
  • Described the PM as “the captain of the ship of the state”.
• Ramsay Muir:
  • Portrayed him as “the steersman at the wheel of the ship of the state”.

Concept of Prime Ministerial Government

• The PM’s influence in the British parliamentary system has been so strong that many refer to it as a Prime Ministerial government.
  • R.H. Crossman stated that the post-war era marked the complete transformation of cabinet government into Prime Ministerial government.
  • Humphrey Berkeley argued that:
    • (i) Parliament is no longer sovereign in practice.
    • (ii) Parliamentary democracy at Westminster has collapsed.
    • (iii) The core defect lies in the super-ministerial powers of the PM.
• This analysis applies equally well to the Indian parliamentary setup.

Relationship Between the President and the Prime Minister

• The Constitution of India contains specific provisions that outline the formal relationship between the President and the Prime Minister.

Relevant Constitutional Provisions

• Article 74:
  • (i) Establishes a Council of Ministers headed by the Prime Minister to aid and advise the President.
  • (ii) The President must act in accordance with this advice.
  • (iii) However, the President may request the council to reconsider the advice, and after reconsideration, must act upon it.
• Article 75:
  • (i) The Prime Minister is appointed by the President.
  • (ii) Other ministers are appointed by the President on the advice of the Prime Minister.
  • (iii) Ministers hold office at the pleasure of the President.
  • (iv) The Council of Ministers is collectively responsible to the Lok Sabha.
• Article 78:
  • It is the duty of the Prime Minister:
    • (a) To communicate to the President all decisions of the council related to Union administration and legislative proposals.
    • (b) To provide information sought by the President on Union affairs and legislation.
    • (c) If required by the President, to place before the council any matter decided by a minister but not yet considered by the council.

Chief Ministers Who Became Prime Ministers

• Six leaders have risen from being Chief Ministers of states to the post of Prime Minister of India:
  • (i) Morarji Desai – Chief Minister of the erstwhile Bombay State (1952–1956). Became the first non-Congress PM in March 1977.
  • (ii) Charan Singh – Chief Minister of undivided Uttar Pradesh (1967–1968, 1970). Succeeded Morarji Desai as PM.
  • (iii) V.P. Singh – Former UP Chief Minister; led the short-lived National Front government (Dec 1989 – Nov 1990).
  • (iv) P.V. Narasimha Rao – First PM from South India; CM of Andhra Pradesh (1971–1973); served as PM (1991–1996).
  • (v) H.D. Deve Gowda – CM of Karnataka before leading the United Front government in June 1996.
  • (vi) Narendra Modi – CM of Gujarat (2001–2014); became PM in May 2014 after four consecutive terms as CM.