Prime Minister

 A Prime Minister is the head of government in India's political setup. He is the de

facto head of state.
 The Prime Minister is appointed by the President of India and is the leader of the
party or coalition that holds the majority of seats in the Lok Sabha, the lower house
of India's parliament.
 The Prime Minister is responsible for the administration of the government and
serves as the chief spokesperson for the government's policies.
 Under Article 75, the Council of Ministers shall be appointed by the President on the
advice of the Prime Minister.
 Also, Article 74(1) states that there shall be a Council of Ministers with a Prime
Minister at the head to aid and advise the President. Thus, other ministers work
under the direction of the Prime Minister.
 Hence, in the parliamentary system of India, the role of the Prime Minister has
become so significant and crucial that the form of government in India is called a
‘Prime Ministerial Government’.

Article Description

Article The President shall appoint the Prime Minister who, in his opinion,
75(1) commands the confidence of the majority of the members of the Lok Sabha.

Article The Prime Minister shall be appointed by the President and the other
75(1) Ministers shall be appointed by the President on the advice of the Prime
Minister

Article The Prime Minister shall be the head of the Council of Ministers
75(1)

Article The Council of Ministers shall be collectively responsible to the Lok Sabha
75(3)

Article The Prime Minister can be removed from office by a vote of no confidence
75(2) passed by a majority of the members of the Lok Sabha, or if he resigns from
office.

Article The Prime Minister holds office during the pleasure of the President but must
75(3) have the support of a majority of the Lok Sabha.

Article Must be a citizen of India and a member of either the Lok Sabha or the Rajya
84(2) 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

to bear true faith and allegiance to the Constitution of India,

to uphold the sovereignty and integrity of India,
to faithfully and conscientiously discharge the duties of his 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.
 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.
 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.
Powers of the Prime Minister of India

The Prime Minister of India holds a central and significant role in the functioning of the
government, endowed with various powers across different domains. Here is an overview of
these powers, along with relevant examples:

1. Executive Powers
 Appointment of Council of Ministers: The Prime Minister has the authority to
appoint other ministers, including Cabinet Ministers and Ministers of State.
 Example: After the 2019 general elections, Prime Minister Narendra Modi appointed
his Cabinet, including key figures such as Amit Shah as Home Minister and Nirmala
Sitharaman as Finance Minister.
 Administrative Oversight: The Prime Minister supervises the administration and can
direct the functioning of various ministries.
 Example: During the COVID-19 pandemic, Prime Minister Modi held regular
meetings with health officials and state chief ministers to coordinate the national
response and allocate resources effectively.

2. Legislative Powers
 Summoning and Proroguing Parliament: The Prime Minister advises the President to
summon and prorogue sessions of Parliament.
 Example: In December 2020, the Prime Minister recommended convening
the Winter Session of Parliament to discuss various legislative matters, including the
controversial Farm Bills.
 Introduction of Bills: The Prime Minister can introduce significant bills in Parliament,
especially those reflecting government policy.
 Example: The Goods and Services Tax (GST) Bill, which transformed the indirect tax
structure in India, was introduced by Prime Minister Modi’s government in 2015.

3. Financial Powers
 Preparation of the Budget: The Prime Minister plays a crucial role in the formulation
of the Union Budget, guiding fiscal policies.
 Example: In 2021, the budget was presented by Finance Minister Nirmala
Sitharaman, but it was prepared under the guidance of Prime Minister Modi,
focusing on economic recovery post-pandemic.
 Allocation of Resources: The Prime Minister has a significant say in the allocation of
funds to various ministries and departments.
 Example: The Pradhan Mantri Awas Yojana (PMAY) for affordable housing was
prioritized in budget allocations, reflecting the Prime Minister's focus on housing
development.

4. Foreign Affairs Powers

 Conducting Foreign Policy: The Prime Minister leads India’s foreign policy and
represents the country in international forums.
  Example: Prime Minister Modi has played an active role in international diplomacy,
exemplified by his participation in the G20 Summit and the UN General Assembly,
where he advocated for global cooperation.
 Diplomatic Appointments: The Prime Minister influences the appointment of
ambassadors and high commissioners.
 Example: Modi's government appointed Taranjit Singh Sandhu as the Indian
Ambassador to the United States in 2020, reflecting strategic diplomatic priorities.

5. Emergency Powers
 Declaration of Emergency: Under Article 352, the Prime Minister can advise the
President to declare a national emergency in the event of war, external aggression,
or armed rebellion.
 Example: The emergency declared in 1975 during Indira Gandhi’s tenure allowed her
to govern without parliamentary oversight, showcasing the extensive powers that
can be exercised during such situations.
6. Political Powers
 Leadership of the Majority Party: As the leader of the majority party in the Lok
Sabha, the Prime Minister has significant influence over party decisions and
legislative agenda.
 Example: During the 2019 Lok Sabha elections, Modi's leadership was crucial in
securing a majority for the Bharatiya Janata Party (BJP), demonstrating his influence
within the party.
 Coalition Management: In coalition governments, the Prime Minister plays a key
role in managing relationships with allied parties.
 Example: Modi managed alliances with regional parties during his first term,
ensuring stability despite being part of a coalition.

The Prime Minister of India wields substantial powers across various domains, including
executive, legislative, financial, foreign affairs, and emergency powers. These powers enable
the Prime Minister to shape government policy, respond to national challenges, and
represent India on the global stage. The examples provided illustrate how these powers
have been exercised in practice, reflecting the Prime Minister's crucial role in governance
and leadership.
 Council of Ministers in India

The Council of Ministers is a pivotal part of the Indian government, responsible for the
administration and execution of policies. Here’s an overview of its structure and powers,
along with relevant examples.

Structure of the Council of Ministers

1. Composition

The Council of Ministers consists of the Prime Minister and other ministers,
including:

2. Cabinet Ministers: Senior ministers who hold important portfolios and participate in
key decision-making.

Ministers of State: Junior ministers who assist Cabinet Ministers and may have
independent charge of specific departments.

Ministers of State with Independent Charge: Ministers who manage their portfolios
independently without being under a Cabinet Minister.
3. Hierarchy

Cabinet: The core group of senior ministers, typically headed by the Prime Minister,
who formulate government policy.
Minister of State: Assistants to Cabinet Ministers, often managing specific tasks or
less critical portfolios.
Minister of State (Independent Charge): Ministers who operate independently for
certain departments.

Powers of the Council of Ministers

1. Executive Powers
 The Council of Ministers is responsible for the implementation of laws and
policies.
 Example: The Ministry of Health and Family Welfare, led by the Cabinet
Minister, oversees public health initiatives and implements health policies
across the country.
2. Legislative Powers
 The Council of Ministers can propose new laws and amendments to existing
laws.
 Example: The Cabinet passed the Farm Laws in 2020, which were introduced
in Parliament for discussion and approval.
3. Financial Powers
 The Council of Ministers prepares the annual budget and proposes tax
policies.
  Example: The Union Budget presented by the Finance Minister is prepared
under the guidance of the entire Council of Ministers, reflecting collective
fiscal policy.
4. Policy Formulation
 The Council of Ministers formulates important national policies and
strategies.
 Example: The Digital India Initiative, aimed at transforming India into a
digitally empowered society and knowledge economy, was developed and
promoted by the Cabinet.
5. Advisory Role
 The Council advises the President on various matters, including the
appointment of governors and the declaration of emergencies.
 Example: The recommendation for the imposition of President's Rule in
states is made by the Council of Ministers based on the assessment of
constitutional machinery.
6. Coordination Among Ministries
 The Council ensures coordination between different ministries to achieve
common goals.
 Example: During the COVID-19 pandemic, various ministries, including
Health, Home Affairs, and Information Technology, coordinated through the
Cabinet to manage the crisis.
7. Emergency Powers
 In times of national emergency, the Council of Ministers can exercise special
powers as authorized by the Constitution.
 Example: During the Emergency declared in 1975, the Council of Ministers,
led by Indira Gandhi, exercised extensive powers to govern without
parliamentary oversight.
Conclusion
The Council of Ministers in India plays a crucial role in the governance and administration of
the country. Its structure, comprising different tiers of ministers, allows for efficient
management of various portfolios. The powers vested in the Council include executing laws,
formulating policies, and advising the President, all of which are essential for the functioning
of a democratic government. The examples provided illustrate how these powers have been
exercised in practice, reflecting the Council's significance in the Indian political landscape.