Powers and Functions of Prime Minister of India

Powers and Functions of Prime Minister of India

After the general election, the president of India nominates the prime minister of India. It is the first step to creating the councils of ministers because the prime minister is the person by whom advice, the president appoints the council of ministers. The council of ministers and the prime minister are the important parts of our government. In this article, we will discuss the powers and functions of the prime minister of India. 

Pandit Jawaharlal Nehru was the first prime minister of India after independence.

The prime minister of India is the head of the Union cabinet. He has to enjoy the confidence of the majority in Lok Sabha. If there is no majority of his party in Lok Sabha, in that case, he has to give his resignation. 

Appointment of the Prime Minister

The process of appointing the Prime Minister of India involves several constitutional provisions, parliamentary conventions, and the exercise of presidential discretion. This section delves into the intricacies of these aspects, providing a detailed understanding of how the Prime Minister is chosen and appointed.

Constitutional Provisions and Article 75

The appointment of the Prime Minister of India is primarily governed by Article 75 of the Indian Constitution. This article stipulates that the Prime Minister shall be appointed by the President of India. While the Constitution does not explicitly outline the process, it implicitly relies on the democratic framework and conventions established in parliamentary practice.

  • Article 75(1): This clause states that the Prime Minister shall be appointed by the President. This provision, however, leaves the specifics to be determined by the prevailing parliamentary conventions.
  • Article 75(3): This clause mandates that the Council of Ministers, headed by the Prime Minister, is collectively responsible to the Lok Sabha (House of the People). This ensures that the Prime Minister must command the confidence of the majority in the Lok Sabha.

The Constitution thus provides a broad framework, ensuring that the Prime Minister is someone who has the support of the majority in the lower house of Parliament, aligning with the principles of a parliamentary democracy.

Parliamentary Conventions and Presidential Discretion

While the constitutional provisions lay the foundation, the actual process of appointing the Prime Minister is shaped significantly by established parliamentary conventions and the discretion exercised by the President.

Parliamentary Conventions:

  • Majority Rule: Typically, the leader of the party or coalition that secures the majority in the Lok Sabha is invited by the President to form the government. This leader is appointed as the Prime Minister.
  • Vote of Confidence: In cases where no single party gains a majority, the President may invite the leader most likely to secure the confidence of the Lok Sabha. This leader must then prove their majority through a vote of confidence in the House.

Presidential Discretion:

  • Hung Parliament: When no party has a clear majority, the President’s role becomes crucial. The President may consult various party leaders and decide on the leader who appears most capable of forming a stable government.
  • Coalition Politics: In coalition scenarios, the President might appoint the leader of the largest party in the coalition or the consensus candidate chosen by the coalition partners.

These conventions and discretionary practices ensure that the Prime Minister is a leader who can effectively command the majority in the Lok Sabha, thereby maintaining the stability and functionality of the government.

Historical Examples of Prime Ministerial Appointments

Several historical instances illustrate the application of these constitutional provisions and conventions in appointing the Prime Minister:

  1. Jawaharlal Nehru (1947, 1952, 1957, 1962): Nehru was appointed as the first Prime Minister of independent India in 1947 by being the leader of the Indian National Congress, which had overwhelming support in the Constituent Assembly. He continued to serve as Prime Minister following the Congress party’s victories in the first three general elections.
  2. Atal Bihari Vajpayee (1996, 1998, 1999): Vajpayee’s appointments exemplify the complexities of coalition politics. In 1996, he was appointed Prime Minister as the leader of the BJP, the largest party, but his government lasted only 13 days due to lack of a majority. He was reappointed in 1998 after forming a successful coalition (NDA) and again in 1999 following a decisive election victory.
  3. Narendra Modi (2014, 2019, 2024): Modi’s appointments reflect clear majority wins. In 2014 and 2019, he was appointed as the Prime Minister following landslide victories by the BJP. His 2024 appointment, however, required coalition support, showcasing the adaptive nature of parliamentary democracy in India.

It simply means that all the powers and functions of the president of India are used according to the advice of the Council of Ministers. 

Qualification of Prime Minister

Any person who is fulfilling the following qualifications can be the prime minister of India:

  • He should be a citizen of India
  • Should not hold any office of profit under government or any public officer.
  • He should be a member of Lok Sabha or Rajya Sabha.
  • If the candidate is not a member of Lok Sabha or Rajya Sabha at the time of his selection, in that case, he must become a member of Lok Sabha or Rajya Sabha within 6 months. 
  • If he is a member of Lok Sabha, he should be above 25 years of age.
  • If he is a member of the Rajya Sabha, he should be above 30 years of age.

If any of the candidates for prime minister of India is elected, he must vacate his position in private or public office. 

Article 75 of the Constitution of India

According to Article 75 of the constitution of India, the President of India appoints the prime minister of India after the general elections. After the appointment of the prime minister, the president administers the oath to the prime minister of India before he enters the prime minister’s office.

Once the prime minister of India is appointed, the president will take the advice of the prime minister of India to appoint a council of ministers who will work under the prime minister of India. The total number of the council of ministers including the prime minister should not exceed 15% of the total number of Lok Sabha

The president will administer the oath to all the councils of ministers. 

Tenure of the Prime Minister of India

There is no fixed term for the prime minister of India, he holds his office as long as his party has the majority in Lok Sabha. The period of Lok Sabha is 5 years and after that, there will be general elections in which if his party again gains a majority, then he can continue to hold his office. 

The prime minister has to resign during the tenure of the Lok Sabha if he loses the support of the majority during the term of Lok Sabha. 

Death or resignation of the prime minister

If the prime minister dies or resigns, it will automatically dissolve the council of ministers. There will be no council of ministers without the prime minister of India. After the death or resignation of the prime minister, the president will nominate the next prime minister who has the majority in Lok Sabha. But what if any minister in the council resigns? 

If any minister who is in the council of ministers resigns, the president will take the advice of the prime minister to fill the seat of that minister. 

Latest Information and Developments

Narendra Modi’s Third Term as Prime Minister

Narendra Modi was sworn in for his third consecutive term as India’s Prime Minister on June 9, 2024. This historic event marked him as only the second Prime Minister in Indian history, after Jawaharlal Nehru, to achieve three consecutive terms. Despite his party, the Bharatiya Janata Party (BJP), not securing an outright majority, Modi managed to form a government with the support of coalition partners. The National Democratic Alliance (NDA), led by the BJP, won 293 seats in the 543-member Lok Sabha, necessitating coalition support to form the government. This term underscores Modi’s continued popularity and political acumen, although it also reflects the complexities of coalition politics in contemporary India​ (Politico)​​ (Hindustan Times).

Formation and Key Members of the New Cabinet

In Modi’s new cabinet, several key appointments reflect both continuity and change. Nirmala Sitharaman continues as the Finance Minister, showcasing her pivotal role in steering India’s economic policies through challenging times. S. Jaishankar retains his position as the External Affairs Minister, highlighting his experience and the importance of India’s foreign policy in a turbulent global environment. Ashwini Vaishnaw remains the Minister of Railways, IT, and Communications, emphasizing the government’s focus on infrastructure and technological advancement. These appointments indicate Modi’s strategic choices in maintaining experienced leadership while addressing critical sectors in governance​ (Hindustan Times)​​.

2024 General Election Results and Political Implications

The 2024 general elections were highly competitive, with the BJP securing 240 seats, falling short of a majority. This necessitated reliance on coalition partners for forming the government. The opposition, led by the Congress party under the INDIA alliance, significantly improved its performance, doubling its seat count to 232. This shift indicates a more robust opposition presence in Parliament and a potential for more dynamic legislative sessions. The election results reflect a politically engaged electorate and the evolving nature of Indian democracy, where coalition politics play a crucial role in governance. These developments have significant implications for policymaking and political stability in India​ (Politico)​​ (Hindustan Times)​.

Relationship Between the Prime Minister and the PresidentRelationship Between the Prime Minister and the President

Balance of Power and Responsibilities

The relationship between the Prime Minister and the President of India is defined by a delicate balance of power and responsibilities, as outlined in the Indian Constitution. The President is the ceremonial head of state, while the Prime Minister is the head of government and holds executive authority.

  • Executive Power: The President’s role is largely ceremonial, performing duties based on the advice of the Prime Minister and the Council of Ministers. According to Article 74(1), the President is bound to act on the advice of the Prime Minister and the Council of Ministers in most matters.
  • Legislative Functions: The Prime Minister leads the executive branch and has significant influence over legislative affairs. The President’s legislative role includes summoning and proroguing sessions of Parliament, but these actions are carried out based on the advice of the Prime Minister​ (Encyclopedia Britannica)​​ (LAWutsmart)​.

Collaborative Decision-Making Processes

The collaborative decision-making processes between the Prime Minister and the President are essential for the smooth functioning of the government. While the President has certain discretionary powers, these are exercised in consultation with the Prime Minister.

  • Cabinet Decisions: The Prime Minister communicates all Cabinet decisions to the President. This ensures that the President is kept informed of the government’s activities and policies, fostering a collaborative relationship.
  • Emergency Powers: In times of national crisis, the Prime Minister advises the President on the declaration of emergencies as per Articles 352, 356, and 360 of the Constitution. This advisory role is crucial for maintaining national stability and security.
  • Appointments: The Prime Minister plays a key role in recommending appointments of high officials such as judges, governors, and the heads of various commissions. These recommendations are usually followed by the President, ensuring a cohesive governance structure​ (Unacademy)​​ (StudyIQ)​.

Historical and Contemporary Examples

Several historical and contemporary examples illustrate the dynamics of the relationship between the Prime Minister and the President in India:

  1. Jawaharlal Nehru and Rajendra Prasad: As the first Prime Minister and President of independent India, Nehru and Prasad had a collaborative yet occasionally contentious relationship. Nehru’s strong leadership style often overshadowed Prasad’s ceremonial role, but their mutual respect ensured smooth governance​ (Encyclopedia Britannica)​.
  2. Indira Gandhi and Fakhruddin Ali Ahmed: During the Emergency (1975-1977), President Ahmed largely followed Prime Minister Gandhi’s advice, highlighting the significant influence of the Prime Minister during times of crisis. This period also demonstrated the potential for misuse of executive power​ (LAWutsmart)​.
  3. Narendra Modi and Ram Nath Kovind: Modi’s tenure with President Kovind exemplifies a harmonious working relationship. Kovind has supported Modi’s initiatives, and their interactions have underscored the collaborative nature of their roles. Modi’s influence is evident in significant policy decisions and legislative actions taken during this period​ (StudyIQ)​.

Powers of the Prime Minister of India

There are different types of powers of the prime minister of India which he can use while his party is in the majority. 

Executive powers of the Prime Minister of India

As we know the three main pillars of the government are legislative, executive and judiciary. 

The councils of ministers are at the top of the executive. The prime minister is the head of the Council of Ministers. After the elections of Lok Sabha, it is the power of the prime minister that he will advise the President of India to appoint the council of ministers. After the appointment of the Council of Ministers:

  • The prime minister will decide the different departments for these ministers. 
  • He can interchange these departments between the ministers anytime.
  • He can change the decisions of any minister according to the needs of the party.
  • The PM can ask any of the ministers to resign to the president of India.

Appointment powers

The prime minister of India can advise the President of India on the appointment of different people. He can advise the president for the appointment of:

  • Comptroller Auditor General of India
  • Solicitor General of India
  • Attorney General of India
  • Election Commission of India
  • RBI governor and others
  • Chairperson and members of the finance commission
  • Chief Information Commissioner of India
  • Information commissioners of India.
  • Chairperson and UPSC members

Legislative powers

As we know the prime minister is the head of the Council of Ministers, so if the prime minister resigns, then the Council of Ministers cannot make decisions and it will be dissolved automatically. 

If the prime minister thinks that, the majority of his party in Lok Sabha has been dissolved, then he can suggest the President dissolve the Lok Sabha and ask for re-election. 

It is the prime minister of India who advises the president of India to call the Lok Sabha and Rajya Sabha for their sessions. 

Military powers

We discussed the powers of the president of India the president-elect the chief of the army, navy and airforce and the prime minister of India are known as the political head of these defence forces. To implement any strategic policy made by India related to the borders, the prime minister of India can do that by using his military powers. 

Foreign policy powers

The Prime Minister of India plays an important role in implementing foreign policies. He can take all the necessary steps to implement such policies in India. Rest of it, he is the head of:

  • Niti aayog
  • National development council
  • Interstate council
  • National Water Resources Council
  • Wildlife and Protection Council and many others.

In an emergency in India, the prime minister of India becomes the political head of disaster management

These are the major powers of the prime minister of India. He can use such powers while his party is in the majority.

Functions of the Prime Minister of India

So let’s talk about the functions and duties of the prime minister of India. 

Duty to announce important policies

The prime minister of India must announce all the important policies made by the government. For example, all the policies like Swachh Bharat Abhiyan, demonetisation in India, lockdown in India, etc are announced by the prime minister.

The constitutional obligation of the prime minister

The prime minister must communicate all the decisions or proposals made in the councils of ministers related to the making of new laws or other things to The President.

The Prime Minister of India is the Linchpin of the government. 

Pandit Jawaharlal Nehru

Distribution of work

The prime minister of India helps the president to distribute the work to different ministers. The prime minister can assign the work to any member of the cabinet which is not allocated yet.

Duty to attend parliamentary sessions

The prime minister of India must attend the parliamentary sessions as a prime minister and give answers to the questions asked by members.

Country representation

The prime minister of India represents our country in high-level meetings and international organizations. 

Are the powers of the prime minister of India absolute? 

The powers of the prime minister of India depend upon the prevailing political conditions. As you know, there can be two types of government; one is a coalition government and the second is a stable government. So let’s discuss the powers and functions of the prime minister of India in different types of government.

Coalition government

A coalition is a type of government in which more than one party joins to form a majority government. We have written an article on the coalition government.  You can check for your reference. In the coalition government:

  • There will be no stability in the Lok Sabha
  • The prime minister of India has to negotiate with other ruling party members to make decisions
  • There is a maximum chance that the government will collapse
  • The coalition government affect the working of the parliamentary executive

Majority government

Any government is formed only by one party with a majority.

  • The party will be stable.
  • The decision taken by the council of ministers and prime minister will work as a command.
  • The parliamentary executive can work effectively

Recent Policy Initiatives by the Modi Government

The Modi government has undertaken several significant policy initiatives aimed at transforming various sectors of the Indian economy and improving the welfare of its citizens. Here, we delve into some of the notable recent policy initiatives, highlighting their objectives, implementation strategies, and impacts.

Economic Reforms and Initiatives

GST Reforms: The Goods and Services Tax (GST) reforms have been a cornerstone of the Modi administration’s economic policy. These reforms aimed to unify India’s fragmented tax system into a single, streamlined tax structure. The government has continued to tweak the GST rates and address compliance issues to simplify the tax process for businesses and increase revenue collection. Recent measures include rate rationalizations and efforts to plug revenue leakages through improved compliance mechanisms.

Atmanirbhar Bharat (Self-Reliant India): Launched in response to the economic challenges posed by the COVID-19 pandemic, the Atmanirbhar Bharat initiative aims to boost domestic manufacturing and reduce dependency on imports. The policy encompasses a range of measures, including financial incentives for manufacturing sectors, easing of regulatory bottlenecks, and fostering innovation and skill development. Key sectors such as electronics, pharmaceuticals, and defense manufacturing have received significant support under this initiative.

Digital India: The Digital India initiative has seen substantial progress with a focus on enhancing digital infrastructure and promoting digital literacy across the country. Recent developments include the expansion of broadband connectivity to rural areas, promotion of digital payments, and the implementation of e-governance services to make public services more accessible and efficient. The government has also launched initiatives to foster the startup ecosystem and support technology-driven innovations.

Foreign Policy and Diplomacy

Neighborhood First Policy: The Modi government has continued to emphasize its Neighborhood First policy, strengthening ties with neighboring countries. This approach aims to foster regional stability and cooperation through economic partnerships, infrastructure projects, and diplomatic engagements. Recent initiatives include collaborative projects with Bangladesh, Nepal, and Sri Lanka, focusing on connectivity, trade, and security cooperation.

Quad Alliance: India’s role in the Quad (Quadrilateral Security Dialogue) has been a critical aspect of its foreign policy. The alliance, comprising India, the United States, Japan, and Australia, focuses on promoting a free, open, and inclusive Indo-Pacific region. Recent activities under this alliance include joint military exercises, strategic dialogues, and cooperation on issues like cybersecurity, climate change, and pandemic response.

Climate Change Commitments: India has made significant strides in its climate change commitments under Modi’s leadership. The government has set ambitious targets for renewable energy production, particularly in solar and wind energy. Recent policies include incentives for renewable energy projects, investments in green technologies, and participation in international climate agreements aimed at reducing carbon emissions and promoting sustainable development.

Social and Welfare Programs

Health Initiatives: The Ayushman Bharat health scheme has been a flagship program aimed at providing affordable healthcare to millions of Indians. Recent developments include the expansion of health insurance coverage, establishment of new healthcare facilities, and initiatives to improve healthcare infrastructure, especially in rural areas.

Education Reforms: The New Education Policy (NEP) 2020 has introduced comprehensive changes to the Indian education system. Recent updates focus on the implementation of this policy, which includes changes in curriculum, emphasis on skill development, and increased use of technology in education. The policy aims to make education more inclusive, flexible, and aligned with global standards.

Agricultural Policies: The Modi government has introduced various measures to support farmers and improve agricultural productivity. Recent policies include the introduction of new agricultural laws aimed at creating a more market-oriented framework, although these laws were later repealed following widespread protests. Other initiatives focus on improving irrigation infrastructure, providing financial support to farmers, and promoting sustainable farming practices.

Key points of the Prime Minister of India

  • Pandit Jawaharlal Nehru was the first prime minister of India
  • The Prime minister of India is the link between the President of India and the council of ministers
  • The Prime minister can select and dismiss the ministers.
  • He is known as the chairperson of the cabinet
  • He is the largest influencer over the legislation
  • He can use his military power to implement any political decision on borders.

Conclusion

The Prime Minister of India is the union head of our legislature. All the necessary laws passed by the legislature are announced by the prime minister. The President of India can use his maximum powers after advising the prime minister of India only. The Prime minister is responsible for giving all the necessary information to the president of India. The powers given in the constitution of India are divided between the president and prime minister so that both can check their decisions. 


You can follow us on Instagram, Linkedin and YouTube to get notifications of new articles published by Legal Study Material.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top