Prime Minister: Appointments and Powers

Basics

  • In the parliamentary system of government, the President is the nominal executive authority (de jure executive) and the Prime Minister is the real executive authority (de facto executive).

Appointment of the Prime Minister

  • According to Article 75, the Prime Minister is appointed by the President.
  • In line with the conventions of a parliamentary government system, the President typically appoints the leader of the majority party in the Lok Sabha as Prime Minister. 
  • When no party holds a clear majority in the Lok Sabha, the President may use their discretion in selecting and appointing the Prime Minister. 
  • In such cases, the President usually chooses the leader of the largest party or coalition in the Lok Sabha as Prime Minister and requests that they obtain a vote of confidence from the House within a month.

Oath

  • Before assuming the office of the Prime Minister, the President administers oaths of office and secrecy to the Prime Minister-Elect

Term

  • The duration of the Prime Minister’s term is not fixed, and they hold the position at the pleasure of the President.
  • As long as the Prime Minister maintains majority support in the Lok Sabha, He/She cannot be dismissed by the President. But, if he/she loses the confidence of the Lok Sabha, he/she must resign, or the President may dismiss him/her.

Salary

  • The Prime Minister’s salary and benefits are periodically set by the Parliament and include the compensation and perks given to a member of Parliament, as well as additional perks such as a sumptuary allowance, free housing, travel allowances, and access to medical facilities.

Powers

  • Executive Powers: The Prime Minister is the head of the Union Council of Ministers and is responsible for the administration of the government. He presides over cabinet meetings and coordinates the activities of the various ministries and departments.
  • Legislative Powers: The Prime Minister is a member of the Lok Sabha or the Rajya Sabha and can participate in the proceedings of either house. He advises the President on the summoning and prorogation of the parliament sessions and dissolution of Lok Sabha.
  • Diplomatic Powers: The Prime Minister represents India in the international arena and conducts negotiations with foreign countries. He also receives foreign diplomats and dignitaries on behalf of the President.
  • Emergency Powers: In times of national emergency, the Prime Minister advises the President on the measures to be taken to protect the security of India.
  • Appointment Powers: The Prime Minister (and the Council of Ministers) advises the President with respect to the appointments to the higher judiciary and key administrative posts such as the Governors, the Chief Election Commissioner, the Comptroller and Auditor General of India, and the Attorney General of India.
  • Financial Powers: The Prime Minister is responsible for the overall economic and financial management of the country. His/her government presents the annual budget to the parliament and ensures it is passed.
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