Contitution of India - Prime Minister of India

CONSTITUTION OF INDIA -   PRIME MINISTER OF INDIA

Introduction:
•    Prime Minister is the real executive authority (de facto executive).
•    Is the head of the government

Appointment of the Prime Minister:
•    The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.
•    Article 75 says only that the Prime Minister shall be appointed by the president.
•    the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.
•    But, when no party has a clear majority in the Lok Sabha- the President may exercise his personal discretion in the selection and appointment of the Prime Minister.
•    In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month.
•    There is also one more situation when the president may have to exercise his individual judgement in the selection and appointment of the Prime Minister, that is, when the Prime Minister in office dies suddenly and there is no obvious successor.
•    In 1997, the Supreme Court held that a person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should  become  a  member  of either House of Parliament; otherwise, he ceases to be the Prime Minister.

Powers and Functions of the Prime Minister:
In Relation to Council of Ministers
1.    recommends persons who can be appointed as ministers by the president. The President can appoint only those persons as ministers who are recommended by the Prime Minister.
2.    allocates and reshuffles various portfolios among the ministers.
3.    ask a minister to resign or advise the President to dismiss him in case of difference of opinion.
4.    presides over the meeting of council of ministers and influences its decisions.
5.    guides, directs, controls, and coordinates the activities of all the ministers.
6.    bring about the collapse of the council of ministers by resigning from office.

In Relation to the President:
1.    The principal channel of communication between the President and the council of ministers. It is the duty of the prime minister :
      (a)To communicate to the President all decisions of the council of ministers relating to the administration of the affairs of the Union and proposals for legislation;
       (b)To furnish such information  relating to the administration of the affairs of the Union  and proposals for legislation as the President may call for; and
      (c)If the President so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

2.    advises the president with regard to the appointment of important officials like attorney general  of  India, Comptroller and Auditor General of India, chairman and members of the UPSC, election commissioners, chairman and members of the finance commission and so on.

In Relation to Parliament:
1.    advises the President with regard to summoning and proroguing of the sessions of the Parliament.
2.    recommend dissolution of the Lok Sabha to President at anytime.
3.    announces government policies on the floor of the House.

Other Powers & Functions:
1.    The chairman of the Planning Commission, National Development Council, National Integration Council, Inter-State Council and National Water Resources Council.
2.    plays a significant role in shaping the foreign policy of the country.
3.    the chief spokesman of the Union government.
4.    the crisis manager-in-chief at the political level during emergencies.
5.    As a leader of the nation, he meets various sections of people in different states and receives memoranda from them regarding their problems, and soon.
6.    leader of the party in power.
7.    political head of the services. Relationship with the President

The following provisions of the Constitution deal with the relationship between the President and the Prime Minister:
1.    Article 74 - a council  of ministers  with the  Prime  Minister  at  the  head  to  aid  and advise  the  President the President may require the council of ministers to reconsider such advice and the President shall act in accordance with the advice tendered after suchre consideration.
2.    Article 75 

     (a) The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the president on the advice of the Prime Minister;
       (b)    The ministers shall hold office during the pleasure of the president; and
       (c)    The council of ministers shall be collectively responsible to the House of the People.
3.    Article 78 It shall be the duty of the Prime Minister:
       (a)    to communicate to the President all  decisions of the council of ministers relating to  the administration of the affairs of the Union and proposals for legislation;
         (b)    to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
       (c)    if the President so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.