Position of the Prime Minister in India

Position of the Prime Minister in India

Introduction

In the parliamentary system of government established by the constitution, the Prime Minister is the actual executive authority (de facto executive). At the same time, the President serves as the de facto executive authority (de jure executive). In other words, the head of the State is the president whereas the government is led by the Prime Minister. The Cabinet Ministers are led by the Prime Minister. 

Eligibility Criteria 

A candidate for India's prime minister should have the following requirements:

• Hold Indian citizenship.

• Be a part of the Rajya Sabha or the Lok Sabha.

• A member of the Lok Sabha must be 25 years old; if a member of the Rajya Sabha, they must be 30 years old.

If a person holds a position of profit under the control of the Government of India, the Government of any State, or any local or other authority, they are ineligible to serve as Prime Minister of India.

Appointment

The Constitution does not outline the Prime Minister's nomination and selection processes. Only the Prime Minister shall be nominated by the President, according to Article 75. This does not, however, imply that the president is free to choose anybody they choose to be the Prime Minister. 

The President must name the leader of the majority party in the Lok Sabha as Prime Minister in accordance with the rules of the parliamentary form of government. However, the President may use his or her discretion in appointing the Prime Minister if no party holds a clear majority in the Lok Sabha. When this occurs, the President typically names the leader of the party or coalition with the most seats in the Lok Sabha as Prime Minister and instructs him to approach the House for a vote of confidence within a month.

When this happens, the President normally appoints the head of the alliance or parties with the majority of seats in the Lok Sabha to the position of prime minister and gives him a month to ask the House for a vote of confidence.

Appointment

Concerning the Council of Ministers

As the leader of the Union Council of Ministers, the prime minister has the following authority: 

1. He proposes candidates to the president for nomination as ministers. Only those individuals who are suggested by the Prime Minister may be appointed as ministers by the President.

2. He divides up and rearranges the ministers' various portfolios.

3. In the event of a disagreement, he may suggest the President fire a minister or request their resignation.

4. He oversees and affects the decisions made by the council of ministers.

5. He oversees, supervises, manages, and plans the ministers' actions.

6. By stepping down from his position, he can cause the council of ministers to disintegrate.

The other ministers are unable to serve when the Prime Minister steps down or passes away since he or she is the chairman of the Council of Ministers.

In other words, the council of ministers automatically dissolves upon the resignation or death of the existing prime minister, creating a vacancy. On the contrary hand, the resignation or passing away of any other minister just results in a vacancy that the prime minister may or may not want to fill.

Concerning the President

The following powers pertain to the President and the Prime Minister:

1. He serves as the president's main point of contact with the council of ministers. The prime minister has the following obligations: 

(a) to inform the President of all decisions made by the council of ministers regarding the management of Union matters and legislative initiatives;

(b) to provide any information regarding the management of Union affairs and legislative proposals that the President may request; and 

(c) if the President so requests, to submit any matter on which a minister has made a decision but which has not been discussed by the council of ministers. 

2. He provides guidance to the president on the appointment of key figures such as the attorney general of India, the comptroller and auditor general of India, the chairman and members of the UPSC, the election commissioners, the chairman and members of the finance commission, and others.

3. He provides guidance to the president on the appointment of key figures such as the attorney general of India, the comptroller and auditor general of India, the chairman and members of the UPSC, the election commissioners, the chairman and members of the finance commission, and others.

Concerning 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 about summoning and proroguing of the sessions of the Parliament.

2. He can recommend the dissolution of the Lok Sabha to the President at any time.

3. He announces government policies on the floor of the House. 

Additional Powers & Functions

The Prime Minister also plays a number of other functions in addition to the three basic ones stated above. Which are:

• He serves as the chairman of the National Development Council, National Integration Council, Inter-State Council, and National Water Resources Council in addition to the Planning Commission (currently known as NITI Aayog).

• He has a big influence on how the nation's foreign policy is shaped.

• He serves as the Union government's principal spokesperson.

• During crises, he serves as the top crisis manager at the political level.

• As the head of the country, he interacts with diverse groups of people in various states and gets notes from them outlining their issues, among other things.

• He is the head of the government-involved party.

• He is the services' political leader. As a result, the Prime Minister is extremely important and critical to the country's political and administrative structure. If any official under our constitution is to be likened to the US president, he is the Prime Minister and not the president of the Union, according to Dr. B R Ambedkar.

Relation with the President

The connection between the President and the Prime Minister is covered by the following constitutional clauses:

• Article 74 A council of ministers led by the prime minister is going to help and advise the president, who will follow their recommendations when performing his duties. The President, however, may request that the Council of Ministers review such advice, and the President shall act according to the advice provided upon such reconsideration.

• The following provisions of Article 75 apply: 

(a) The President shall appoint the Prime Minister, and the President shall appoint the other Ministers on the recommendation of the Prime Minister; 

(b) The Ministers shall hold office during the pleasure of the President; and 

(c) The Council of Ministers shall be jointly accountable to the House of the People.

• Article 78 The Prime Minister shall have the following obligations: 

(a) to inform the President of all decisions made by the Council of Ministers regarding the management of Union affairs and legislative proposals; 

(b) to provide any information requested by the President regarding the management of Union affairs and legislative proposals; and 

(c) if the President so requests, to submit any matter for the Council of Ministers' consideration.

Term and Retirement Of the Prime Minister

The tenure of the prime minister is not predetermined. The Prime Minister's complete tenure is five years, which corresponds to the Lok Sabha's regular session. If he fails the Lower House vote of confidence, the tenure might be up sooner. Thus, it is possible to say that he remains in charge as long as the Lok Sabha continues to have faith in him. He may also submit a resignation letter to the President.

The Prime Minister's position has no term limitations. Additionally, there is no set age for retirement.