SRM INSTITUTE OF SCIENCE AND
TECHNOLOGY DELHI-NCR
CAMPUS, MODINAGAR,
GHAZIABAD.
Project in Subject
of
Constitution of India
Submitted By:
Registration Branch &
Sr. No. Name of the Student
Number section
RA2311003030156 ARSHIYA MEHTA CSE CORE (C)
1.
RA2311003030157 OJASWINI SOOD CSE CORE (C)
2.
RA2311003030158 KRISHNAM AGARWAL CSE CORE (C)
3.
RA2311003030159 NISHKARSH VARSHNEY CSE CORE (C)
4.
RA2311003030160 JANVI SINGH CSE CORE (C)
5.
Subject In-Charge:
Dr. Khyati Pal
PRIME MINISTER
The prime minister of India (IAST: Bhārat kē Pradhānamantrī) is the head of
government of the Republic of India. Executive authority is vested in the prime
minister and his chosen Council of Ministers, despite the president of
India being the nominal head of the executive. The prime minister has to be a
member of one of the houses of bicameral Parliament of India, alongside
heading the respective house. The prime minister and their cabinet are at all
times responsible to the Lok Sabha.
The prime minister is appointed by the president of India; however, the prime
minister has to enjoy the confidence of the majority of Lok Sabha members,
who are directly elected every five years, lest the prime minister shall resign.
The prime minister can be a member of the Lok Sabha or of the Rajya Sabha,
the upper house of the parliament. The prime minister controls the selection and
dismissal of members of the Union Council of Ministers; and allocation of posts
to members within the government.
The longest-serving prime minister was Jawaharlal Nehru, also the first prime
minister, whose tenure lasted 16 years and 286 days. His premiership was
followed by Lal Bahadur Shastri's short tenure and Indira Gandhi's 11- and 4-
year-long tenures, both politicians belonging to the Indian National Congress.
After Indira Gandhi's assassination, her son Rajiv Gandhi took charge until
1989, when a decade with five unstable governments began. This was followed
by the full terms of P. V. Narasimha Rao, Atal Bihari Vajpayee, Manmohan
Singh, and Narendra Modi. Modi is the 14th and current prime minister of
India, serving since 26 May 2014.
Constitutional framework and position of Prime Minister
The Constitution envisions a scheme of affairs in which the president of India is
the head of state; in terms of Article 53 with office of the prime minister being
the head of Council of Ministers to assist and advise the president in the
discharge of their constitutional functions. To quote, Article 53, 74 and 75
provide as under:
The executive powers of the Union shall be vested in the president and shall be
exercised either directly or through subordinate officers, in accordance with the
Constitution.
— Article 53(1), Constitution of India
There shall be a Council of Ministers with the Prime Minister at the head to aid
and advise the president who shall, in the exercise of his functions, act in
accordance with such advice.
— Article 74(1), Constitution of India
The Prime Minister shall be appointed by the President and the other Ministers
shall be appointed by the President on the advice of the Prime Minister.
— Article 75(1), Constitution of India
Like most parliamentary democracies, the president's duties are
mostly ceremonial as long as the constitution and the rule of law is obeyed by
the cabinet and the legislature. The prime minister of India is the head of
government and has the responsibility for executive power. The president's
constitutional duty is to preserve, protect and defend the Constitution and the
law per article 60. In the constitution of India, the prime minister is mentioned
in only four of its articles (articles 74, 75, 78 and 366). The prime minister plays
a crucial role in the government of India by enjoying majority in the Lok Sabha.
Appointment, Tenure and Removal
Eligibility
According to Article 84 of the Constitution of India, which sets the principle
qualification for member of Parliament, and Article 75 of the Constitution of
India, which sets the qualifications for the minister in the Union Council of
Ministers, and the argument that the position of Prime Minister has been
described as primus inter pares (the first among equals), A Prime Minister must:
Be a citizen of India.
Be a member of the Lok Sabha or the Rajya Sabha. If the person chosen
as Prime Minister is neither a member of the Lok Sabha nor the Rajya
Sabha at the time of selection, they must become a member of either of
the houses within six months.
Be above 25 years of age if they are a member of the Lok Sabha, or,
above 30 years of age if they are a member of the Rajya Sabha.
Not hold any office of profit under the government of India or the
government of any state or under any local or other authority subject to
the control of any of the said governments.
Once a candidate is elected as the prime minister, they must vacate their
posts at any private or government companies and may take up the
position only on completion of their term.
Tenure and Removal from office
The prime minister serves at 'the pleasure of the president', hence, a prime
minister may remain in office indefinitely, so long as the president has
confidence in him/her. However, a prime minister must have the confidence of
Lok Sabha, the lower house of the Parliament of India.
The term of a prime minister can end before the end of a Lok Sabha's term, if
a simple majority of its members no longer have confidence in him/her, this is
called a vote-of-no-confidence. Three prime ministers, I. K. Gujral, H. D. Deve
Gowda and Atal Bihari Vajpayee have been voted out from office this way. In
addition, a prime minister can resign from office; Morarji Desai was the first
prime minister to resign while in office.
Upon ceasing to possess the requisite qualifications to be a member of
Parliament subject to the Representation of the People Act, 1951.
Oath of office:
I, <name>, do swear in the name of God/solemnly affirm that I will bear true
faith and allegiance to the Constitution of India as by law established, that I will
uphold the sovereignty and integrity of India, that I will faithfully and
conscientiously discharge my duties as Prime Minister for the Union and that I
will do right to all manner of people in accordance with the Constitution and the
law, without fear or favour, affection or ill-will.
— Constitution of India, Third Schedule, Part I
Oath of secrecy:
I, <name>, do swear in the name of God/solemnly affirm that I will not directly
or indirectly communicate or reveal to any person or persons any matter which
shall be brought under my consideration or shall become known to me as Prime
Minister for the Union except as may be required for the due discharge of my
duties as such Minister.
— Constitution of India, Third Schedule, Part II
Role and power of the prime minister
Executive powers
Agencies under the Prime Minister:
The prime minister leads the functioning and exercise of authority of the
government of India. The president of India—subject to eligibility—invites a
person who is commanding support of majority members of Lok Sabha to form
the government of India—also known as the central government or Union
government—at the national level and exercise its powers. In practice the prime
minister nominates the members of their council of ministers to the
president. They also work upon to decide a core group of ministers (known as
the cabinet), as in charge of the important functions and ministries of
the government of India.
The prime minister is responsible for aiding and advising the president in
distribution of work of the government to various ministries and offices and in
terms of the Government of India (Allocation of Business) Rules, 1961.[83] The
co-ordinating work is generally allocated to the Cabinet Secretariat.[84] While
the work of the government is generally divided into various ministries, the
prime minister may retain certain portfolios if they are not allocated to any
member of the cabinet.
The prime minister—in consultation with the cabinet—schedules and attends
the sessions of the houses of parliament and is required to answer the question
from the Members of Parliament to them as the in-charge of the portfolios in the
capacity as prime minister of India.
Some specific ministries department are not allocated to anyone in the cabinet
but the prime minister themself. The prime minister is usually always in
charge/head of:
Ministry of Personnel, Public Grievances and Pensions (as Minister of
Personnel, Public Grievances and Pensions)
Cabinet Secretariat
Appointments Committee of the Cabinet
Cabinet Committee on Security
Cabinet Committee on Economic Affair
Administrative and Appointment powers
The prime minister recommends to the president—among others—names for
the appointment of:
Chief Election Commissioner of India (CEC) and other Election Commissioners
of India (ECs)
Comptroller and Auditor General of India (C&AG)
Chairperson and members of the Union Public Service Commission (UPSC)
Chief Information Commissioner of India (CIC) and Information
Commissioners of India
Chairperson and members of the finance commission (FC)
Attorney General of India (AG) and Solicitor General of India (SG)
As the chairperson of Appointments Committee of the Cabinet (ACC), the
prime minister—on the non-binding advice of the Cabinet Secretary of
India led-Senior Selection Board (SSB)—decides the postings of top civil
servants, such as, secretaries, additional secretaries and joint secretaries in the
government of India. Further, in the same capacity, the PM decides the
assignments of top military personnel such as the Chief of the Army Staff, Chief
of the Air Staff, Chief of the Naval Staff and commanders of operational and
training commands. In addition, the ACC also decides the posting of Indian
Police Service officers—the All India Service for policing, which staffs most of
the higher level law enforcement positions at federal and state level—in
the government of India.
Also, as the Minister of Personnel, Public Grievances and Pensions, the PM also
exercises control over the Indian Administrative Service (IAS), the country's
premier civil service, which staffs most of the senior civil service positions; the
Public Enterprises Selection Board (PESB); and the Central Bureau of
Investigation (CBI), except for the selection of its director, who is chosen by a
committee of: (a) the prime minister, as chairperson; (b) the leader of the
opposition in Lok Sabha; and (c) the chief justice.
Legislative powers
The prime minister acts as the leader of the house of the chamber of parliament
—generally the Lok Sabha—they belongs to. In this role, the prime minister is
tasked with representing the executive in the legislature, announces important
legislation, and is further expected to respond to the opposition's concerns.
[103] Article 85 of the Indian constitution confers the president with the power
to convene and end extraordinary sessions of the parliament; this power,
however, is exercised only on the advice of the prime minister and their council,
so in practice the prime minister does exercise some control over affairs of the
parliament.
Languages of the Prime Minister's Office
The official website of the Prime Minister's Office is available in 11 Indian
languages namely Assamese, Bengali, Gujarati, Kannada, Malayalam,
Meitei (Manipuri), Marathi, Odia, Punjabi, Tamil and Telugu, out of the 22
official languages of the Indian Republic, in addition to English and Hindi.
The eleven Indian language websites can be accessed at the following links:
Assamese: http://www.pmindia.gov.in/asm/
Bengali: http://www.pmindia.gov.in/bn/
Gujarati: http://www.pmindia.gov.in/gu/
Kannada: http://www.pmindia.gov.in/kn/
Marathi: http://www.pmindia.gov.in/mr/
Malayalam: http://www.pmindia.gov.in/ml/
Meitei (Manipuri): http://www.pmindia.gov.in/mni/
Odia: http://www.pmindia.gov.in/ory/
Punjabi: http://www.pmindia.gov.in/pa/
Tamil: http://www.pmindia.gov.in/ta/
Telugu: http://www.pmindia.gov.in/te/
Compensation and Benefits
Article 75 of the Constitution of India confers the Parliament with the power to
decide the remuneration and other benefits of the prime minister and other
ministers are to be decided by the Parliament. and is renewed from time to time.
The original remunerations for the prime minister and other ministers were
specified in the Part B of the second schedule of the constitution, which was
later removed by an amendment.
In 2010, the Prime Minister's Office reported that the prime minister does not
receive a formal salary, only monthly allowances. That same year The
Economist reported that, on a purchasing power parity basis, the prime minister
received an equivalent of $4106 per year. As a percentage of the country's per-
capita GDP (gross domestic product), this is the lowest of all countries The
Economist surveyed.
Prime-ministerial pay and allowances
Gross amount in INR
As on Gross amount in USD ($)
(₹)
October
₹100,000 $1,400
2009
October
₹135,000 $1,900
2010
July 2012 ₹160,000 $2,200
Residence
The 7, Lok Kalyan Marg—previously called 7, Race Course Road—in New
Delhi, currently serves as the official place of residence for the prime minister
of India.
The residence during the tenure of Nehru, the first prime minister, was Teen
Murti Bhavan. Lal Bahadur Shastri chose 10, Janpath as an official
residence. Indira Gandhi resided at 1, Safdarjung Road. Rajiv Gandhi became
the first prime minister to use 7, Lok Kalyan Marg as his residence, which was
used by his successors.
Travel
Air India One Boeing 777-300ER (K7066)
For ground travel, the prime minister uses a highly modified, armoured version
of a Range Rover.[111] The prime minister's motorcade comprises a fleet of
vehicles, the core of which consists of at least three armoured BMW 7
Series sedans, two armoured Range Rovers, at least 8-10 BMW X5s, six Toyota
Fortuners/Land Cruisers, and at least two Mercedes-Benz Sprinter ambulances.
For air travel, Boeing 777-300ERs designated by
the call sign Air India One (AI-1 or AIC001) and
maintained by the Indian Air Force are used.[112]
[113] There are several helicopters, such as Mi-8,
used for carrying the prime minister over short
distances. These aircraft are operated by
the Indian Air Force.
Protection
Armed SPG agents accompanying prime minister Narendra Modi in Varanasi,
2017.
The Special Protection Group (SPG) is charged
with protecting the sitting prime minister and
their family.[114][115] The security is aided by
the Central Reserve Police
Force (CRPF), Border Security Force (BSF) and
the Delhi Police to provide three-rung security
for the estate.
Office
Main article: Prime Minister's Office (India)
The Prime Minister's Office (PMO) acts as the principal workplace of the prime
minister. The office is located at South Block, and is a 20-room complex, and
has the Cabinet Secretariat, the Ministry of Defence and the Ministry of
External Affairs adjacent to it.
The office is headed by the Principal Secretary to the Prime Minister of India,
generally a former civil servant, mostly from the Indian Administrative
Service (IAS) and rarely from the Indian Foreign Service (IFS).
Post-premiership
Former prime ministers are entitled to a bungalow, and are also entitled the
same facilities as those given to a serving cabinet minister, including a fourteen-
member secretarial staff, for a period of five years; reimbursement of office
expenses; six domestic executive-class air tickets each year; and security cover
from the armed forces and police as established by law.
In addition, former prime ministers rank seventh on the Indian order of
precedence, equivalent to chief ministers of states (within their respective
states) and cabinet ministers. As a former member of the parliament, the prime
minister also receives a pension after they leave office. In 2015, a former MP
receives a minimum pension of ₹20,000 (US$250) per month, plus—if he/she
served as an MP for more than five years—₹1,500 (US$19) for every year
served.
Some prime ministers have had significant careers after their tenure,
including H. D. Deve Gowda and Manmohan Singh, who continue to be
a Member of Parliament.
Death
The body of the late prime minister P. V.
Narasimha Rao, draped in the flag of
the Republic of India, being carried by personnel
of the army, navy, and air force, at Palam Airport,
Delhi, en route to Hyderabad for cremation, 24
December 2004
Prime ministers are accorded a state funeral. It is customary for states and union
territories to declare a day of mourning on the occasion of death of any former
prime minister.
Commemoration
Several institutions are named after prime ministers of India. The birth date
of Jawaharlal Nehru is celebrated as children's day in India & The birth date
of Charan Singh is celebrated as farmer's day. Prime ministers are also
commemorated on the postage stamps of several countries.
Prime ministerial funds
The prime minister presides over various funds:
National Defence Fund
The National Defence Fund (NDF) was set up the Indian government in 1962,
in the aftermath of 1962 Sino-Indian War. The prime minister acts as
chairperson of the fund's executive committee, while, the ministers of defence,
finance and home act as the members of the executive committee, the finance
minister also acts the treasurer of the committee. The secretary of the fund's
executive committee is a joint secretary in the Prime Minister's Office, dealing
with the subject of NDF.
The fund—according to its website—is "entirely dependent on voluntary
contributions from the public and does not get any budgetary support.".
Donations to the fund are 100% tax-deductible under section 80G of the Income
Tax Act, 1961.
Prime Minister's National Relief Fund
The Prime Minister's National Relief Fund (PMNRF) was set up by the first
prime minister of India—Jawaharlal Nehru—in 1948, to assist displaced people
from Pakistan. The fund, now, is primarily used to assist the families of those
who are killed during natural disasters such as earthquakes, cyclones and flood
and secondarily to reimburse medical expenses of people with chronic and
deadly diseases. Donations to the PMNRF are 100% tax-deductible under
section 80G of the Income Tax Act, 1961.
Prime Minister's Citizen Assistance and Relief in
Emergency Situations Fund (PM Cares Fund)
In March 2020, after the rapid spread of the COVID - 19 virus from Wuhan to
countries across the world, Prime Minister Narendra Modi announced the
formation of a special fund to deal with any kind of emergency or distress
situations like the COVID-19 pandemic. The fund being fully voluntary without
any government budgetary support, PM Modi appealed to the public to donate
generously towards the fund. Following this, donors from all sections of the
society donated whole heartedly. Initially in FY 2019-20 the fund received Rs
3076.62 crores in just 5 days of its announcement. Initially the fund was used to
procure COVID emergency products like ventilators, PPE kits for frontline
workers and also funding the vaccine research efforts and procurement. By FY
2020-21 the corpus of the PM Cares Fund was around Rs 10990 crore.
Deputy Prime Minister
The post of deputy prime minister of India is not technically a constitutional
post, nor is there any mention of it in an Act of Parliament. But historically, on
various occasions, different governments have assigned one of their senior
ministers as the deputy prime minister.
There is neither constitutional requirement for filling the post of deputy PM, nor
does the post provide any kind of special powers. Typically, senior cabinet
ministers like the finance minister or the home minister are appointed as deputy
prime minister. The post is considered to be the senior most in the cabinet after
the prime minister and represents the government in their absence.
Generally, deputy prime ministers have been appointed to strengthen the
coalition governments. The first holder of this post was Vallabhbhai Patel, who
was also the home minister in Jawaharlal Nehru's cabinet.
