Prime Minister

Our Indian system comprises three organs of the Government:

 Legislative: These are those bodies who have the power to make
laws.
 Executive: Those bodies who execute the laws and conduct of
public and national affair.
Judiciary: Those bodies who are responsible for dealing with all
legal cases.
The Executive system is the most powerful organ of the Government. It is
that organ which implements the laws passed by the legislature and who
head the Government Departments. The Prime Minister is the head of the
Government and leads the executive organ of the Government.

India follows a Parliamentary system of Government in which the Prime

Minister is the leader of the executive system of Government Of India and
also the head of the Council Of Ministers. Prime Minister is the real
custodian of all the executive authority.

Constitutional provisions pertaining to the office of the Prime

Minister of India

Article 75(1)

The President shall appoint the Prime Minister who, in his opinion, commands the confidence
of the majority of the members of the Lok Sabha

Article 75(1)

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)

The Prime Minister shall be the head of the Council of Ministers

Article 75(2)

The Prime Minister can be removed from office by a vote of no confidence passed by a majority
of the members of the Lok Sabha, or if he resigns from office.

Article 75(3)

The Council of Ministers shall be collectively responsible to the Lok Sabha

Article 75(3)

The Prime Minister holds office during the pleasure of the President but must have the support
of a majority of the Lok Sabha.

Article 84(2)

Must be a citizen of India and a member of either the Lok Sabha or the Rajya Sabha.

Appointment of the Prime Minister

The Constitution does not specify a particular process for selecting and appointing a
Prime Minister.

 According to Article 75, the Prime Minister is appointed by the President.

However, this does not mean the President can choose any person as Prime
Minister.
 In line with the conventions of a parliamentary government system, the
President typically appoints the leader of the majority party in the Lok Sabha as
Prime Minister.
 When no party holds a clear majority in the Lok Sabha, the President may use
their discretion in selecting and appointing the Prime Minister.
 In such cases, the President usually chooses the leader of the largest party or
coalition in the Lok Sabha as Prime Minister and requests that they obtain a
vote of confidence from the House within a month.

Oath, Term, and Salary

 Oath: Before assuming the office of the Prime Minister, the President
administers oaths of office and secrecy to the Prime Minister-Elect. As part of
the oath of office, the Prime Minister takes an oath
o to bear true faith and allegiance to the Constitution of India,
o to uphold the sovereignty and integrity of India,
o to faithfully and conscientiously discharge the duties of his office, and
o to do right to all manner of people in accordance with the Constitution
and the law, without fear or favour, affection or ill will.
 Term: The duration of the Prime Minister's term is not fixed, and they hold the
position at the pleasure of the President. However, this does not mean the
President can remove the Prime Minister at anytime.
o As long as the Prime Minister maintains majority support in the Lok
Sabha, He/She cannot be dismissed by the President. But, if he/she
loses the confidence of the Lok Sabha, he/she must resign, or the
President may dismiss him/her.
 Salary: The Prime Minister's salary and benefits are periodically set by
the Parliament and include the compensation and perks given to a member of
Parliament, as well as additional perks such as a sumptuary allowance, free
housing, travel allowances, and access to medical facilities.
What are the powers of the Prime Minister of India

The powers of the Prime Minister of India can be broadly categorized into the following:

 Executive powers: The Prime Minister is the head of the Union Council of
Ministers and is responsible for the administration of the government. He
presides over cabinet meetings and coordinates the activities of the various
ministries and departments.
 Legislative powers: The Prime Minister is a member of the Lok Sabha or the
Rajya Sabha and can participate in the proceedings of either house. He advises
the President on the summoning and prorogation of the parliament sessions
and dissolution of Lok Sabha.
 Diplomatic powers: The Prime Minister represents India in the international
arena and conducts negotiations with foreign countries. He also receives
foreign diplomats and dignitaries on behalf of the President.
 Emergency powers: In times of national emergency, the Prime Minister
advises the President on the measures to be taken to protect the security of
India.
 Appointment powers: The Prime Minister (and the Council of Ministers)
advises the President with respect to the appointments to the higher judiciary
and key administrative posts such as the Governors, the Chief Election
Commissioner, the Comptroller and Auditor General of India, and the Attorney
General of India.
 Financial powers: The Prime Minister is responsible for the overall economic
and financial management of the country. His/her government presents the
annual budget to the parliament and ensures it is passed.

Functions and responsibilities of the Prime Minister of India

Relating to the Council of Ministers(CoM)

As head of the Union council of ministers, the Prime Minister holds the functions and
responsibilities:

 Recommending individuals for appointment as ministers by the President,

who can only appoint those recommended by the Prime Minister.
 Assigning and reassigning portfolios among ministers.
 Asking for a minister's resignation or advising the President to dismiss them
in case of conflicting opinions.
 Presiding over meetings of the council of ministers and influencing its
decisions.
 Guide, direct, control, and coordinate the activities of all ministers.
 Bringing about the collapse of the council of ministers by resigning from
office.

Relating to the President

The Prime Minister serves as the primary means of communication between the
President and the council of ministers.
  It is the Prime Minister's responsibility to inform the President of all
decisions made by the council of ministers regarding the administration of
Union affairs and legislative proposals.
 The Prime Minister provides guidance to the President in regard to the
appointment of key officials such as the Attorney general of India,
the Comptroller and Auditor General of India, the chairman and members of the
Union Public Service Commission (UPSC), Election Commissioners, the
chairman and members of the Finance Commission, among others.

Relating to the Parliament

As the leader of the Lok Sabha, the Prime Minister holds the following functions and
responsibilities:

 Advising the President on summoning and prorogation of the sessions of

Parliament.
 Recommending the dissolution of the Lok Sabha to the President at any
time.
 Announcing government policies in the House.

Other functions and responsibilities

In addition to the three primary roles given above, the Prime Minister also has several
other functions and responsibilities, including

 Chairman of the various bodies like- NITI Ayog (which succeeded the
planning commission), National Integration Council, Inter-State Council,
National Water Resources Council, and other related bodies.
 Shaping the country's foreign policy.
 Chief spokesperson for the Union government.
 Chief crisis manager at the political level during emergencies.
 Meeting various groups of people in different states and receiving a
memorandum from them regarding their issues as a leader of the nation.
 Leader of the party in power.
 Political head of the services.

Function of the PMO(Prime Minister’s Office)

In India, the Prime Minister's Office (PMO) is the administrative body that assists
the Prime Minister in managing the Government of India and exercising his/her
constitutional, executive, and administrative functions.

 PMO is responsible for coordinating the functioning of various

departments and ministries of the Government of India and advising the
Prime Minister on a wide range of policy and administrative matters.
 The PMO is headed by the Principal Secretary to the Prime Minister and
comprises several other senior officials who assist the Prime Minister in
his/her duties.
 Some departments and bodies working under the purview of the PMO
o Department of Atomic Energy (DAE)
o Department of Space (DoS)
o National Security Council (NSC)