Ashna Sisodia is teaching live on Unacademy Plus
Course: The Union ( Part V) Lesson: Prime Minister Presented by : Ashna Sisodia
About Me From Chandigarh, India Done computer science engineering from UIET kurukshetra-2012 pass out UPSC CSE mains qualified Keen learner and loves to teach Interests: Loves reading and blogging Rate, Review and Recommend Follow me : https://unacademy.in/user/AshnaSisodia
Introduction In parliamentary system, the President is the nominal executive authority (de jure executive) . Prime Minister is the real executive authority (de facto executive) President is the head of the State while Prime Minister is the head of the government.
Appointment of the Prime Minister No specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president. (However, this does not imply that the president is free to appoint any one as the Prime Minister.) The President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister .But, when no party has a clear, then the President may exercise his personal discretion in the selection and appointment of the Prime Minister. In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month This discretion was exercised in 1979, when the then President appointed Charan Singh (the coalition leader) as the Prime Minister after the fall of the Janata Party government headed by Morarji Desai.
Appointment of the Prime Minister . On the death of an incumbent Prime Minister, the ruling party elects a nevw leader, the President has no choice but to appoint him as Prime Minister. The Supreme Court held that a person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should become a member of either House of Parliament; otherwise, he ceases to be the Prime Minister. Constitutionally, the Prime Minister may be a member of any of the two Houses of parliament. In Britain, the Prime Minister should definitely be a member of the Lower House (House of Commons).
OATH Before entering upon his office, the president administers to him the oaths of office and secrecy. In his oath of office, the Prime Minister swears: 1. to bear true faith and allegiance to the Constitution of India, 2. to uphold the sovereignty and integrity of India, 3. to faithfully and conscientiously discharge the duties of his office, and 4. to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will. In his oath of secrecy, the Prime Minister swears that he will not directly or indirectly communicate or reveal to any person(s) any matter that is brought under his consideration or becomes known to him as a Union Minister except as may be required for the due discharge of his duties as such minister.
TERM AND SALARY The term of the Prime Minister is not fixed and he holds office during the pleasure of the president. However, this does not mean that the president can dismiss the Prime Minister at any time. . So long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President if he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him. The salary and allowances of the Prime Minister are determined by the Parliament from time to time. . . He gets the salary and allowances that are payable to a member of Parliament. . Additionally, he gets a sumptuary allowance, free accommodation, travelling allowance, medical facilities, etc.
Power and Functions In relation to the Council of ministers: He recommends persons who can be appointed as ministers by the president. The President can appoint only those persons as ministers who are recommended by the Prime Minister He allocates and reshuffles various portfolios among the ministers. He can ask a minister to resign or advise the President to dismiss him in case of difference of opinion. He presides over the meeting of council of ministers and influences its decisions & guides, directs, controls, and coordinates the activities of all the ministers. He can bring about the collapse of the council of ministers by resigning from office. 1. 2. 3. 4. 5. The resignation or death of an incumbent Prime Minister automatically dissolves the council of ministers and thereby generates a vacuum. The resignation or death of any other minister, on the other hand, merely creates a vacancy which the Prime Minister may or may not like to fill.
Power and Functions Article 78: In relation to the President: He is the principal channel of communication between the President and the council of ministers .It is the duty of the prime minister to communicate to the President all decisions of the council of ministers relating to the administration of the affairs of the Union and proposals for legislation; to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and 1. 2. 3. if the President so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council .He advises the president with regard to the appointment of important officials like attorney general of India, CAG, chairman and members of the UPSC, election commissioners, chairman and members of the finance commission and so on.
Power and Functions DIn relation to the Parliament: The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the following powers: 1. He advises the President with regard to summoning and proroguing of the sessions of the Parliament. 2. He can recommend dissolution of the Lok Sabha to President at any time. 3. He announces government policies on the floor of the House.