Prime Minister

India's parliamentary system creates a dual executive: the President is the de jure (nominal) executive and head of state, while the Prime Minister is the de facto (real) executive and head of government. Real power thus vests in the Prime Minister and the Council of Ministers, not in the President.

Dr. B.R. Ambedkar captured this precisely: "If any functionary under our Constitution is to be compared with the US President, he is the Prime Minister and not the President of the Union."

---

Constitutional Provision

Article 75 states simply that the Prime Minister shall be appointed by the President. However, this discretion is heavily constrained by parliamentary conventions.

Normal Situation

When a single party wins a clear majority in the Lok Sabha, the President must appoint its parliamentary leader as Prime Minister. There is no real discretion here — convention governs.

Hung Parliament (No Clear Majority)

When no party or pre-poll alliance commands a majority, the President exercises personal discretion. In practice, the President invites the leader of the largest party or coalition and asks them to seek a vote of confidence within one month.

• First exercise of this discretion: 1979 — President Neelam Sanjiva Reddy appointed Charan Singh (coalition leader) after the fall of the Morarji Desai-led Janata Party government.

Death of Incumbent PM

If a sitting Prime Minister dies suddenly with no obvious successor:

• The President exercises discretion to appoint a new PM.
• In 1984, after Indira Gandhi's assassination, President Zail Singh appointed Rajiv Gandhi directly, bypassing the convention of appointing a caretaker PM.
• If, however, the ruling party elects a new leader after the PM's death, the President has no choice but to appoint that leader.
• Historically, on the deaths of Nehru and Shastri (leadership was contested), President appointed the seniormost minister as caretaker PM — both times it was Gulzari Lal Nanda.

Proving Majority

The Delhi High Court (1980) ruled that the Constitution does not require a person to prove majority before being appointed PM. The President may appoint and then direct him to prove majority within a reasonable period.

Prime Ministers appointed this way include: Charan Singh (1979), V.P. Singh (1989), Chandrasekhar (1990), P.V. Narasimha Rao (1991), A.B. Vajpayee (1996), Deve Gowda (1996), I.K. Gujral (1997), A.B. Vajpayee (1998).

Parliamentary Membership

The Supreme Court (1997) held that a non-member of Parliament may be appointed PM for up to six months, within which period they must become a member of either House; otherwise they cease to hold office.

Constitutionally, the PM may be a member of either House — unlike in Britain where the PM must be from the House of Commons.

Notable Rajya Sabha PMs: Indira Gandhi (1966), H.D. Deve Gowda (1996), Manmohan Singh (2004).

---

Oath of Office

The President administers the oath of office to the Prime Minister. The PM swears:

1. 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 office
4. To do right to all people in accordance with the Constitution and law, without fear, favour, affection, or ill will

Oath of Secrecy

The PM also takes an oath of secrecy, promising not to directly or indirectly disclose any matter that comes to his knowledge as a Union Minister, except as required in the discharge of official duties.

Term

The PM's term is not fixed. He holds office during the pleasure of the President — but this is nominal. In practice:

• As long as the PM commands majority support in the Lok Sabha, the President cannot dismiss him.
• If the PM loses the confidence of the Lok Sabha, he must resign or the President can dismiss him.
• Examples of resignation after floor defeat: V.P. Singh (1990), Deve Gowda (1997).

Salary

Determined by Parliament. The PM receives the salary of an MP plus a sumptuary allowance, free accommodation, travel allowance, and medical facilities. Parliament revised the sumptuary allowance from ₹1,500 to ₹3,000 per month in 2001.

---

1. In Relation to the Council of Ministers

The PM is the head of the Union Council of Ministers and wields enormous authority over its composition and functioning:

• Recommends ministers to the President — the President cannot appoint any minister without the PM's recommendation.
• Allocates and reshuffles portfolios among ministers.
• Can demand resignation or advise the President to dismiss any minister with whom he disagrees.
• Presides over cabinet meetings and shapes collective decisions.
• Guides, directs, and coordinates the work of all ministers.
• Can dissolve the entire Council simply by resigning from office.

Key Distinction: The resignation or death of the PM automatically dissolves the entire Council of Ministers. But the resignation or death of any other minister creates only a vacancy — which the PM may or may not choose to fill.

2. In Relation to the President

Under Article 78, the PM is the principal channel of communication between the President and the Council of Ministers. His duties include:

• Communicating all cabinet decisions on administration and legislation to the President.
• Furnishing any information the President calls for regarding Union affairs.
• Placing before the full Council of Ministers any matter on which only a single minister has decided, if the President requires this.

The PM also advises the President on the appointment of key constitutional and statutory functionaries, including:

• Attorney General of India
• Comptroller and Auditor General (CAG)
• UPSC Chairman and Members
• Election Commissioners
• Finance Commission Chairman and Members

3. In Relation to Parliament

The PM is the Leader of the Lok Sabha (Lower House). In this role:

• Advises the President on summoning and proroguing Parliament sessions.
• Can recommend dissolution of the Lok Sabha to the President at any time.
• Announces government policies on the floor of the House.

4. Other Powers and Functions

• Chairman of NITI Aayog (formerly Planning Commission), National Development Council, National Integration Council, Inter-State Council, and National Water Resources Council.
• Plays a pivotal role in foreign policy formulation.
• Acts as chief spokesman of the Union government.
• Serves as crisis manager-in-chief at the political level during emergencies.
• Functions as leader of the ruling party in government.
• Is the political head of the civil services.

---

Key Provisions

Article 74: The Council of Ministers, headed by the PM, aids and advises the President. The President may ask the Council to reconsider advice but must act on the reconsidered advice.

Article 75: (a) PM appointed by President; other ministers appointed on PM's advice. (b) Ministers hold office during the pleasure of the President. (c) Council of Ministers is collectively responsible to the Lok Sabha.

Article 78: Lays down the specific duties of the PM in keeping the President informed.

---

Observers like R.H. Crossman argue that post-war governance has transformed from cabinet government into Prime Ministerial government, reflecting the growing dominance of the PM over the collective cabinet.

---

Six Prime Ministers had previously served as Chief Ministers:

---

• Article 75 vs Article 78: Article 75 deals with appointment and collective responsibility; Article 78 deals specifically with PM's duty to inform the President.
• The President's discretion in appointing the PM is real but rare — operative only in hung Parliaments or PM's sudden death.
• PM need not be from Lok Sabha — Rajya Sabha membership is constitutionally valid.
• A non-MP can be PM for six months (Supreme Court, 1997).
• PM's resignation dissolves the entire cabinet; a minister's resignation creates only a vacancy.
• NITI Aayog (not Planning Commission) — the PM chairs it.
• The oath of secrecy prevents disclosure of matters known as a Union Minister.
• Collectively responsible to Lok Sabha — not Rajya Sabha.