Prime Minister Flashcards
Who is prime minister?
Due to Parliamentary system of government ➡️ president is nominal executive authority ( de jure executive) and prime minister is the real executive authority ( de facto executive)
President is head of state while prime minister is head of the government
How is the prime minister appointed? - who appoints, process/procedure and other provisions
Article 75 - Prime minister should be appointed by the president
Procedure - The constitution does not contain any specific procedure for the appointment of prime minister ➡️ that doesn’t mean that president is free to appoint any one as PM➡️in accordance with the parliamentary conventions➡️the leader of the majority party in lower house is appointed as PM
In 1997, SC held that a person who is not a member of either house can be appointed PM for 6 months within which he has to become a member of either house otherwise he ceases to be PM
Constitutionally, PM may be a member of any house of the parliament ( in Britain, the PM must be from lower house)
What if no party has a clear majority, then who is appointed as PM?
In such case president may exercise his discretion ➡️ usually appoints the leader of the largest party/coalition as in LA as PM➡️asks him to seek a vote of confidence within a month
What happens when PM in the office dies suddenly?
President may excercise his discretion and appoint a PM if there’s no obvious successor but if the ruling party itself elects a new leader then president has no choice but to appoint him as PM
Oath administered by?
President
PM take the oath of office and oath of secrecy
Term of Prime minister
The term is not fixed bye the constitution and he holds office during the pleasure of the president (however as long as PM enjoys tye majority in LS he cannot be dismissed by the president)
What happens when PM loses the majority/ confidence of LS?
He must resign(convention) or the president can dismiss him
Salary and allowances of the prime minister
Determined by parliamentary law from time to time
He gets salary and allowances that are payable to an MP
Powers and functions of PM - in relation to COM
- The president can appoint only those persons as ministers who are recommended by PM(Art 75)
- He allocates and reshuffle various portfolios among the ministers
- He can as a minister to resign or advice the president to dismiss him in case of difference of opinion
- Presides over the meeting of COM
- The resignation or death of an incumbent PM automatically dissolves the COM
Powers and functions of PM - in relation to president = related articles
Article 74 - there shall be COM with the PM at the head to aid and advise the president who shall act in accordance with such advice
Article 75 - the PM shall be appointed by president and the other minister shall be appointed by the president on advice of the PM
The ministers shall hold office during the pleasure of the president
Article 78: he is the principal channel of communication between the president and COM. It is the duty of the PM:
•to communicate to the president all decisions of COM relating to administration of union and proposals for legislation
•to furnish such information relating to administration or proposals if legislation as president may call for
•if president so requires, to submit for consideration of the COM any matter on which a decision has been taken by a minister but has not been considered by COM
Prime minister advices the president of appointment of which important officials?
AGI, CAG, chairman and members UPSC,
Election commissioner, chairman and members of FC
Powers and functions of PM - in relation to parliament
- He’s the leader of the lower house
He advices the president with regard to summoning and proroguing of the session of the parliament - He can recommend the dissolution of LS to president at any time
- He announces the policies of government on the floor of the house
PM is chairman of which bodies?
NITI Aayog
National integration council
Inter-state council
National water resources council
Others powers and functions of PM
- Plays imp role in shaping foreign policy
- Chief spokesperson of union govt
- He is the crisis manager in chief at the political level during emergencies
Role description of PM by eminent personalities
Lord Morley - he described PM as Primus inter pares ( first among equals) and keystone of the cabinet arch
BR Ambedkar - compared USA president to Indian PM
HRG Greaves - The goverment is the master of the country and he’s the master of the government
