Under a parliamentary or semi-presidential system, the prime minister is the leader of the ministry and the head of the council of ministers in the executive arm of government. The President appoints the Prime Minister under Article 75 of the Indian Constitution. Article 74(1) establishes a Council of Ministers, led by the Prime Minister, to assist and advise the President.
The Prime Minister’s Powers and Functions are covered in the UPSC Indian Polity and Governance Syllabus, which is explained. According to the Indian Constitution, the Prime minister is the Head of the council of ministers and the Principal Spokesman in the cabinet. They preside over the meetings of the Cabinet
The Prime Minister of India
The President is the nominal executive power (de jure executive) conferred by the Constitution underneath the parliamentary system of government. At the same moment, the Prime Minister is the real executive authority (de facto executive).
In other words, the President is the head of state, but the Prime Minister is the head of government.
The mechanism for selecting and appointing the Prime Minister is not specified in the Constitution.
Article 75 solely states that the President appoints the Prime Minister.
Parliament sets the Prime Minister’s salary and allowances regularly. They are paid the same amount as salary and allowances as a member of Parliament.
The Prime Minister’s Powers and Functions
The Prime Minister’s powers and functions can be reviewed under the following headings:
In relation to the Ministerial Council
As the chairman of the Union council of ministers, the Prime Minister has the following powers:
- They make recommendations to the President for ministerial appointments. The President can only appoint ministers who the Prime Minister has proposed.
- They assign and reassign certain portfolios to ministers.
- In a disagreement, they might ask a minister to resign or suggest the President fire him.
- The council of ministers’ meeting is presided over by this individual, and their decisions are affected by their decision.
- They preside over the council of ministers and affect its decisions.
- They direct, direct, manage and organise the work of all ministries.
- By retiring from office, they can put the council of ministers to an end.
- The Prime Minister is the Head of the Council of Ministers
In Relation to the President
In regard to the President, the Prime Minister has the following authority:
They are the primary point of contact between the President and the Council of Ministers. It is the prime minister’s responsibility to:
- All decisions of the council of ministers relevant to the management and legislative initiatives of the Union should be transmitted to the President.
- To provide such information about the administration of the Union’s affairs and legislative ideas as the President may request.
- If the President so directs, present to the council of ministers any topic on which a minister has made a decision but has not been reviewed by the council.
They advise the President on key appointments such as with the Attorney General of India, the Chairman and Members of the UPSC, the Comptroller and Auditor General of India, election commissioners, the Chairman and Members of the Finance Commission, and so on.
Regarding the Parliament
- The Prime Minister is the Lower House’s leader. As a result, they have the following abilities:
- He counsels the President on the convening and adjourning of Parliamentary sessions.
- At any time, he can recommend the dissolution of the Lok Sabha to the President.
- He announces government initiatives on the House floor.
Other Powers and Functions
- They are the heads of the NITI Ayog (which succeeded the Planning Commission), the National Integration Council, the InterState Council, the National Water Resources Council, and a number of other organisations.
- They have had a massive impact on the country’s foreign policy.
- He is the Union government’s leading spokesman.
- During a crisis, he is the political crisis manager.
- As the nation’s leader, he meets with diverse groups of people in various states and gets memos about their issues, among other things.
- He is the main face and the leader of the ruling party and the political head of the armed forces.
Prime Ministerial Power Restriction
- Vote of no confidence: Under the Parliamentary system of government, if the Prime Minister is not performing to the satisfaction of the Members of Parliament and is not meeting the ambitions for which he was appointed, they can vote no confidence in him. In such circumstances, the Prime Minister must resign. The dread of being pushed out of power limits his abilities.
- Toeing the party line: The Prime Minister’s party has an ideology and policy platform that they want to enact. As a result, the prime minister cannot operate outside of the party’s stated policies.
- Advice from the Head of State: The Head of State may advise the Prime Minister on specific issues from time to time. They may call the Prime Minister’s attention to particular pressing concerns affecting the country. In that respect, the Prime Minister is constrained by the Head of State.
- Public opinion: The Prime Minister may be swayed by public opinion. This might happen if he leads the implementation of a policy that the public believes is harmful to their interests. Furthermore, the prime minister’s advice may not want to be in the press for the wrong reasons. In that sense, he is constrained by public opinion.
Misuse of Power by Prime Minister
- Shah Committee Report: In 1977, the Government of India constituted a commission of inquiry to investigate all excesses committed during the Indian Emergency (1975 – 77).
- Having not consulted her cabinet colleagues, Indira Gandhi was under no obligation to declare an Emergency, and she did so without merit.
- The Lokpal has been granted the jurisdiction to examine corruption charges against anyone who is or has been Prime Minister in order to prevent Prime Ministers from misusing their positions of power. However, unless a jury Recent randomized controlled of the Lokpal, comprised of its chair and all representatives, considers the commencement of an investigation and at least two-thirds of the member nations approve it, it cannot probe any corrupt practices charged against the Prime Minister if the allegations are related to foreign relations, internal and external security, and public order.
Conclusion
As a result, the Prime Minister plays an essential and critical function in the country’s politico-administrative structure. Dr. B.R. Ambedkar stated, ‘If any official under our constitution is likened to the US president, it would be the Prime Minister, not the Union’s leader. The Prime Minister is the Head of the Council of Ministers.