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There is no special process for the election of the Prime Minister

in the Constitution of India. Article 75 only says that India shall


have a Prime Minister whose appointment shall be made by the
President. The Prime Minister is the leader of the Council of
Ministers.

The President is the only nominal ruler while the real executive
powers are envisaged in the Prime Minister. In this article, we
have explained about the Power and Functions of the Prime
Minister of India.

The main functions of Prime Minister related to the Council of Ministers are
as follows:
1. The Prime Minister recommends the names of members of his team to appoint
as a Minister. The President can only make those people as ministers whose names
are recommended by the Prime Minister.
2. The Prime Minister recommends the names of members of his team to appoint a
minister. The President can appoint only those persons the ministers who are
recommended by the Prime Minister.
3. Prime Minister determines that which department will be given to which minister
and he can also change the allotted department of any Minister.
4. He also presides over the meeting of the Council of Ministers and can change the
decisions according to his wishes.
5. He can ask any minister to resign or advise the president to dismiss him in case
of differences of opinion.
6. He also controls and directs the activities of all Ministers.
7. He can bring about the collapse of the Council of Ministers by resigning from
office.
Note : If the Prime Minister resigns from his post or dies, then
other ministers can’t do any work, that means the Council of
Ministers dissolve itself with the death/resignation of the Prime
Minister.
List of 80 Important Articles of the Constitution at a Glance
Rights in relation to appointments:
The Prime Minister has the right to give advice to the
President in relation to the appointment of the following
officers:
1. The Comptroller and Auditor General of India
2. Attorney-General of India
3. Solicitor General of India
4. President of the Union Public Service Commission and its
members
5. Election Commissioners
6. Chairman and Members of the Finance Commission
Rights in the context of Parliament:
The prime minister is the leader of the lower house of
Parliament and 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 the dissolution of the sessions of the


Parliament.

3. He declares government policies on the floor of the house.

Other powers of the Prime Minister:


1. He plays an important role in shaping the foreign policy of the
nation.
2. He is the chief spokesman of the Central Government.
3. He is the leader of the ruling party.
4. He is ex-officio Chairman of the Planning Commission (now
NITI Aayog), National Development Council, National Integration
Council, Inter-State Council and National Water Resources
Council.
5. He is the crisis manager-in-chief at the political level during
emergencies.
6. He is the political head of the armies.
Relation to the President of India
The relationship between the President and the Prime
Minister is given in the following two articles.
1. Article 74:  There shall be a Council of Ministers to help and
advise the President of India. The President shall work as per the
instructions given by the Prime Minister but the president has the
power to request the council of the minister to reconsider the
advice. Although the president is bound to work as per the advice
given after the reconsideration.
2. Article 75:
a. The president will appoint the Prime Minister and other
ministers shall be appointed by the president on the advice
tendered by the Prime Minister.
b. The Ministers can remain on his post till the pleasure of the
President.
c. The Council of Ministers shall be collectively responsible to the
Lok Sabha.
Prime Minister's Duties:
1. Submit the report of all the affairs of the Council of Ministers
to the President.
2. Give full information to the President regarding any emergency
situation or any sudden development in the foreign policy.
3. Inform the President on all the decisions of the Council of
Ministers related to the activities and administration of the Union.
Commenting on the Prime Minister's power, Dr. Ambedkar said
that “if any functionary under our constitution is to be compared
with the USA president, he is the prime minister and not the
President of India”.

Thus, it can be said that in the Parliamentary system of India, the


President is the only nominal Executive Chief and the actual
executive powers are contained in the Prime Minister