Union Executive - The Prime Minister of India

Union Executive

Objectives

The objectives of this chapter are to make students aware of:

  • Appointment of the Prime Minister.

  • Powers and Functions of the Prime Minister.

  • Position of the Prime Minister.

Introduction

  • The Prime Minister of India is the head of the 'Government' while the President is the head of the 'State'.

  • The Prime Minister is the leader of the executive wing of the government and plays an important role in the executive and legislative functions of the government.

  • According to the Indian Constitution, the Prime Minister of India holds a pivotal position compared to the President of India. Article 74(1) of the Constitution provides for the Prime Minister as the head of the Council of Ministers.

  • The Prime Minister can be a member of either House of the Parliament; if he is not a member of the Parliament at the time of his appointment, he has to get elected to either House of the Parliament within six months of his appointment.

Appointment of the Prime Minister

The President of India appoints the Prime Minister of India. He appoints the Prime Minister in any one of the following manners:

  1. The President invites the leader of the majority party in the Lok Sabha to form the Government.

  2. If no party has a majority in the Lok Sabha, then he invites the leader of the group of the parties that have the understanding to form the Government before the elections.

  3. If there is no leader as per point no. 2, then he can invite the leader of those parties/groups which come to an understanding to form the Government after the results of the elections are declared.

  4. In case there are no such leaders as stated in point 1, 2, or 3, the President can ask the leader of the largest party in the Lok Sabha to form the Government and then prove his majority on the floor of the House.

Explanation

Prime Ministers have been appointed by all the above-stated methods in our country.

  • Mrs. Indira Gandhi was the leader of the majority party in the Lok Sabha.

  • Shri Narendra Modi as the leader of that group of parties had an agreement to form the Government before the elections.

  • Shri Morarji Desai was the leader of those parties/groups that agreed to form the Government after the polls' results were declared.

  • In 1990 after Shri V. P. Singh lost the House's confidence and the largest party, i.e., the Congress refused to form the Government, the second and the third-largest parties too declined to form the Government. President Venkatraman invited Shri Chandra Shekhar to form the Government and prove its majority on the floor of the House. Shri Chandra Shekhar formed the Government with the outside support of Congress and other parties.

Term of the Prime Minister

  • The Prime Minister of India holds office at the pleasure of the President of India; however, he must have the Lok Sabha's confidence.

  • The term of the Prime Minister is generally five years as is the duration of the Lok Sabha. However, the term of a Prime Minister can end before the end of the term of Lok Sabha if he loses Lok Sabha's confidence.

Examples:

  • PM Narendra Modi completed his five-year term in 2014-2019 and was elected again in 2019. After the completion of the 2019-2024 term, Shri Narendra Modi has been elected as a PM again for the 2024-2029 term.

  • PM H. D. Deve Gowda and PM Atal Bihari Vajpayee were voted out of power through No-Confidence Motions. PM V. P. Singh lost the Confidence Motion and had to resign. (Vote of No-Confidence is through a Simple Majority).

Eligibility for Appointment

The Prime Minister heads the Government and has a significant role in all the spheres of governance. Following are the conditions under which a person is appointed as the Prime Minister:

  • He must possess all the qualifications required to become a Member of Parliament as provided for in Article 84 of the Constitution of India.

  • He can be a member of either House of the Parliament - Lok Sabha (explained in Chapter 1) or Rajya Sabha.

    • Example: Dr. Manmohan Singh was a member of Rajya Sabha.

  • Even if a person is not a member of either House of the Parliament, he can be appointed as India's Prime Minister. However, he has to get himself elected to either House of the Parliament within six months of taking charge as the PM.

    • If in case he is not able to get himself elected, then he ceases to remain the Prime Minister.

    • Shri PV Narasimha Rao was not a member of the Parliament when he was appointed as the Prime Minister. He then became the member of the Lok Sabha within six months and remained the Prime Minister for the full term.

  • He should not be holding any office of profit under the Government of India or any State or Local authority. He must vacate that office before entering the office of the Prime Minister of India.

Powers and functions of the Prime Minister

Prime Minister is the real head of the Government, as head of the Government he performs the following functions:

  1. Head of Government: The Prime Minister of India is the head of the Government whereas the President is the head of the State. The President of India is a Constitutional head, and he exercises his executive powers on the aid of the Council of Ministers headed by the Prime Minister of India.

  2. Major Appointments: The Prime Minister advises the President of India in all major appointments at the union level including that of the Comptroller and Auditor General of India; Chairman and members of the Finance Commission, Union Public Service Commission; Chief Election Commissioner, and Election Commissioners; Governors of the States to name a few.

    • (The officials are appointed as per the provisions/qualifications given in the Constitution of India and other established procedures.)

  3. Formation of the Council of Ministers: The Prime Minister of India constitutes his Council of Ministers after being appointed by the President of India. While forming the Council of Ministers he/she considers several factors to ensure that people from different geographical areas, regions, religions, communities, and other strata of society are well represented.

    • Nowadays, as several Parties are a part of the Government (coalition government), there is an understanding amongst parties in the formation of the Council of Ministers. Coalition governments lead to a restriction in the Prime Minister's role in the formation of the Council of Ministers. Sometimes the parties even divide the number of ministers a particular party may have in the Council of Ministers.

    • Examples: Following are some Ministers belonging to alliance parties in Union Cabinet 2024

      • Mr. Jayant Chaudhary from Rashtriya Lok Dal is Minister of State (Independent Charge)-Ministry of Skill Development & Entrepreneurship.

      • Mr. Chirag Paswan from Lok Janshakti Party is a Cabinet Minister-Minister of Food Processing Industries.

      • Mr. Ramdas Athawale from the Republican Party of India is a Cabinet Minister - Minister of Social Justice & Empowerment.

  4. Distribution of Portfolios: The Prime Minister distributes work amongst the Council of Ministers based on their capabilities and the concerned ministries' requirements. In the case of distribution of the portfolios too, if the parties fight the elections together, there may be an understanding of the distribution of portfolios amongst different parties.

    • Example: Mr. Ashwini Vaishnaw, Ministry of Electronics and Information Technology who is also looking after the Railway Ministry and Ministry of Information and Broadcasting is highly qualified. He is an Engineering Graduate in Electronic and Communications Engineering, an M.Tech in Industrial and Management Engineering, MBA from Wharton School of University of Pennsylvania. He has worked as a member of the Indian Administrative Service, as Managing Director of GE Transportation, Vice-President of Siemens and had also set up manufacturing units.

    • Similarly, Mrs. Nirmala Sitharaman, Union Minister of Finance, has a Bachelor's Degree in Economics, PG in Economics, and an M.Phil from JNU.

  5. Reshuffling Portfolios: The Prime Minister has the power to reshuffle portfolios. If after the initial appointment of a minister, the Prime Minister feels that the incumbent will perform better on a different portfolio or is not performing well then the Prime Minister reshuffles his position.

    • Example: In May 2023, PM Narendra Modi reshuffled his Council of Ministers. He changed/dropped and brought in new members as ministers. Mr. Ashwini Vaishnaw as Railway Minister in place of Mr. Piyush Goyal. Mr. Kiren Rijiju, law minister was moved to Earth Sciences. Mr. Jyotiraditya was a new member and made minister of Civil Aviation.

  6. Removal/Dismissal of Ministers: If the Prime Minister is not satisfied with a minister's work, he can remove that minister or ask the minister to quit and appoint someone else in his place. He can also move out such a minister during reshuffling his ministry.

  7. Dissolution of the Lok Sabha: The Prime Minister of India can advise the President of India to dissolve the Lok Sabha and call for fresh elections. Nevertheless, it is the discretionary power of the President to accept his advice or not.

    • Example: Prime Minister Shri V.P. Singh advised the then President S. Venkataraman to dissolve the Lok Sabha. The President did not heed his advice and invited Shri Chandra Shekhar who formed the Government with Congress's support. After a few months when the Congress withdrew its support and the Chandra Shekhar government fell then the President accepted the advice of PM Chandra Shekhar and dissolved the Lok Sabha.

  8. Leader of the Cabinet: Prime Minister of India is the leader of the Cabinet and the Council of Ministers. According to Article 74(1) of the Constitution of India, there is a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall exercise of his functions and act on such advice.

  9. The link between President and Cabinet: As per Article 78 of the Indian Constitution, the Prime Minister as a link between the President and the Cabinet/Council of Ministers, is required to:

    • Communicate to the President the decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.

    • Provide information relating to the administration of the affairs of the Union and proposals for legislation as the President may ask for; and

    • Submit for the consideration of the Council of Ministers any matter in which a decision has been taken by a minister without being considered by the Council of Ministers.

  10. Role in Foreign/International Relations: The Prime Minister is the chief spokesperson of the country. His statements are the final statements about the stand of our country on international issues. He represents our country abroad and at international platforms. He has a major role in determining the foreign policy of the Government.

    • Example: The Indian Prime Minister Narendra Modi has assumed a significant position in international relations. The world is looking towards him to resolve the Russia-Ukraine war and other conflicts going on in the world.

  11. Leader of the Lok Sabha/Parliament: The Prime Minister is generally a member of the Lower House of the Parliament, i.e., the Lok Sabha (PM Manmohan Singh was a member of the Rajya Sabha.) The Prime Minister of India is also the leader of the Parliament and enjoys the power to:

    • Advise the President of India concerning the summoning and proroguing of the sessions of both the Houses of the Parliament.

    • Recommends the dissolution of the Lower House of the Parliament, i.e., the Lok Sabha; and

    • As the head of the Government and leader of the Parliament he also has the privilege of announcing his Government's policies.

  12. Leader of the Nation: The Prime Minister is the 'Leader of the Nation', and the people look up to him/her for the resolution of their problems. Elections are fought in the name of the prime ministerial candidate. People of the country respect him and look up to him both in war and peace. During the current COVID-19 times, Prime Minister Narendra Damodardas Modi has successfully led the fight against the virus by upgrading medical facilities. People also look towards him in case of other natural calamities.

  13. Heads and Leads National Level Bodies: The Prime Minister of India heads and leads national level bodies like the National Institution for Transforming India -NITI Aayog (previously PM was the Chairman of the Planning Commission); National Integration Council; Inter-State Council; and Nuclear Command Authority. As the head of these bodies, the Prime Minister initiates various schemes for the people's benefit and welfare. He spearheads welfare and development through programmes like Skill Development, Atal Innovation Mission, Sustainable Development, to name a few.

  14. Leader of the Party/Group of Parties: The Prime Minister has the political role of a leader of his political party or parties. His and alliance parties' members look upon and depend upon his leadership and charisma during elections. In the 2014, 2019 & 2024 General Elections, Prime Minister Narendra Modi's charisma and leadership effectively led the NOA to power for the second time.

Position of the Prime Minister

One can study the position of the Prime Minister under the following heads:

  1. Position vis-a-vis the President: The President of India appoints the Prime Minister of India, and the work of the Union Executive is carried out by the Prime Minister of India, under the hand and seal of the President of India. The Prime Minister is thus the actual head and has an essential role in:

    • All policy and administrative decisions as head and leader of the Council of Ministers.

    • All major appointments like the Governors of the States, heads of the autonomous bodies at the Union level.

    • Ensuring coordination amongst the Centre and the States.

    • Fostering good international relations with other countries.

    • Steering the nation during emergent times as the leader of the country, and

    • Planning for the development and transformation of the country from a developing to a developed nation.

  2. Position within the Government: The position of the Prime Minister depends upon the majority his party/alliance, has in the Lok Sabha as well as the Rajya Sabha in the following manner:

    • If his party has a majority on its own and there is political homogeneity in the Council of Ministers then the position of the Prime Minister is powerful.

    • In case the Government is formed with alliance partners, and the party has an adequate majority, even then his position is strong; and

    • In case the Council of Ministry is heterogeneous, i.e., the ministers belong to different parties, and the Prime Minister is dependent on the support of other parties then the Prime Minister's position is not very strong. In such a circumstance, he is dependent on the other parties to remain in power. The Prime Minister will have to accede to even the undesirable demands of the supporting parties.

Conclusion

The Prime Minister of India is the head of the Government and advises the President of India to carry out the administration of the country. He is the leader of the party in power, leader of the Lok Sabha/Parliament, and the leader of the nation. The Prime Minister's position within the Government depends upon the majority of the ruling party in the Parliament and within the political group if he leads a coalition government.