Appointment and Powers of the Prime Minister

At a Glance

• What it is The head of the government and the real executive
• Article Article 75 (appointment); Article 78 (duties)
• Appointed by The President, normally the leader of the majority party in the Lok Sabha
• Term Not fixed; holds office during the pleasure of the President
• Exam link UPSC Prelims, Polity: Prime Minister and Council of Ministers

Where Does It Fit?

This is the first topic of the category on the Prime Minister and Council of Ministers. In the scheme of the parliamentary system, the President is the nominal executive (de jure) and the Prime Minister is the real executive (de facto). The President is the head of the State and the Prime Minister is the head of the government.

Appointment

The Constitution contains no specific procedure for the selection of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the President. By convention, the President appoints the leader of the majority party in the Lok Sabha. When no party has a clear majority, the President may exercise personal discretion, usually appointing the leader of the largest party or coalition and asking for a vote of confidence within a month. This discretion was first used in 1979 when President Neelam Sanjiva Reddy appointed Charan Singh, the coalition leader, as Prime Minister after the fall of the Janata government headed by Morarji Desai.

The President also uses individual judgement when the Prime Minister in office dies suddenly and there is no obvious successor, as when Indira Gandhi was assassinated in 1984 and President Zail Singh appointed Rajiv Gandhi, ignoring the precedent of a caretaker Prime Minister. If the ruling party elects a new leader on the death of the Prime Minister, the President has no choice. In 1980 the Delhi High Court held that a person need not prove majority before appointment: the President may appoint first and ask for proof within a reasonable period. Charan Singh (1979), V.P. Singh (1989), Chandrasekhar (1990), P.V. Narasimha Rao (1991), A.B. Vajpayee (1996), Deve Gowda (1996), I.K. Gujral (1997) and Vajpayee again (1998) were appointed this way. In 1996 the Supreme Court held that a non-member can be Prime Minister for six months, within which he or she must become a member of either House.

Oath, Term and Salary

The President administers the oaths of office and secrecy. In the oath of office the Prime Minister swears to bear true faith and allegiance to the Constitution, to uphold the sovereignty and integrity of India, to faithfully and conscientiously discharge the duties of the office, and to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will. The term is not fixed and the Prime Minister holds office during the pleasure of the President, but the President cannot dismiss the Prime Minister while he or she has majority support in the Lok Sabha; if the confidence is lost, the Prime Minister must resign or be dismissed. V.P. Singh in 1990 and Deve Gowda in 1997 resigned after defeat in the Lok Sabha. The salary and allowances are those of an MP plus a sumptuary allowance, free accommodation and other facilities, fixed by Parliament under the Salaries and Allowances of Ministers Act, 1952; the sumptuary allowance was raised from Rs 1,500 to Rs 3,000 per month in 2001.

Powers and Functions

The resignation or death of the Prime Minister automatically dissolves the council of ministers, whereas the resignation or death of any other minister merely creates a vacancy. Dr Ambedkar said that if any functionary under our Constitution is to be compared with the US President, he is the Prime Minister and not the President of the Union.

Caretaker Government and Related Facts

The Constitution has no provision for a caretaker government; it is a situational arrangement. The term describes a council of ministers that has resigned after losing the confidence of the Lok Sabha but is asked to continue until alternative arrangements are made. It is meant only for routine administration and is not expected to take significant policy decisions except in national security or national interest. The Calcutta High Court observed in December 1979 that such a government can only carry on day-to-day administration. Six persons became Prime Ministers after being Chief Ministers: Morarji Desai, Charan Singh, V.P. Singh, P.V. Narasimha Rao, H.D. Deve Gowda and Narendra Modi. Indira Gandhi (1966), Deve Gowda (1996) and Manmohan Singh (2004) were members of the Rajya Sabha when they became Prime Minister, unlike in Britain where the Prime Minister must be in the House of Commons.

Why Is This Topic Important?

• High-frequency topic Appointment and discretion are repeatedly asked
• Case facts 1979, 1984 and the Delhi High Court ruling are common
• Foundation Basis for later topics in the category

What Came Next?

The next topic covers the Council of Ministers under Article 74.

Key People and Terms

• De facto executive The real executive
• Primus inter pares First among equals
• Caretaker government Continuing government after loss of confidence
• Sumptuary allowance Allowance for entertainment and official expenses
• Article 78 Duties of the PM to the President

Exam Corner

Mains Angle

Questions on this topic usually ask about the PM’s centrality and discretion in appointment. Use these points to add depth.

• Centrality The pivot around which the government revolves
• Appointment discretion Hung House and sudden death
• Institutional roles Chairs several bodies
• Prime ministerial government Described in Britain and India