1. Constitutional Position and Nature of the Office
- Part of the Union Executive: Articles 52 to 78 in Part V of the Indian Constitution deal with the “Union Executive”. The Union Executive consists of the President, the Vice-President, and the Council of Ministers and the Cabinet headed by the Prime Minister.
- Head of Government: India has adopted the British Parliamentary executive model where the Prime Minister functions as the Head of the Government, while the President is the Head of the State.
- Real Executive Authority: Unlike the President, who is the constitutional and nominal head, the Prime Minister exercises real (de-facto) executive authority and leads the collegiate executive.
- Primus Inter Pares: The Prime Minister is described as “primus inter pares” (first among equals) and the “key stone of the Cabinet arch” (Lord Morley). Lord Morley noted that the head of the Cabinet occupies a position of exceptional and peculiar authority.
- Prime Ministerial Government: Due to the pivotal role and supreme governing authority of the Prime Minister, political scientists often refer to the parliamentary system as a “Prime Ministerial Government”.
- Apex Decision-Making Authority: The Prime Minister stands at the top as the supreme governing authority of the country.
2. Appointment, Selection, and Tenure
- Constitutional Provision (Article 75): Article 75 specifies that the Prime Minister shall be appointed by the President of India.
- No Direct Election: There is no direct election to the post of Prime Minister, nor does the Constitution lay down a detailed specific procedure for selection.
- Appointment Rules:
- The appointment is not by the personal choice of the President.
- The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Lok Sabha.
- If no single party gets a majority, the President appoints the person most likely to secure majority support.
- House Membership: Under the Constitution, ministers including the Prime Minister can be members of either House of Parliament (Lok Sabha or Rajya Sabha). However, irrespective of their House membership, they are responsible only to the Lok Sabha.
- Tenure:
- The Prime Minister does not have a fixed tenure.
- He/she remains in power only as long as he/she commands the confidence of the majority legislators/enjoys the majority support in the Lok Sabha.
- If the Prime Minister loses the confidence of the Lok Sabha, the entire government has to quit and face elections.
3. Role in Cabinet and Council of Ministers
- Formation of the Council of Ministers: The first and foremost function of the Prime Minister is to prepare the list of his ministers, submit it to the President, and form the Council of Ministers.
- Appointment of Other Ministers: Other ministers are appointed by the President strictly on the advice of the Prime Minister; the President cannot appoint anyone not recommended by the Prime Minister.
- Allocation and Reshuffling of Portfolios:
- Allocates portfolios among ministers (Cabinet Ministers, Ministers of State, and Deputy Ministers).
- Retains the power to transfer ministers between departments, reshuffle their portfolios from time to time, bifurcate or trifurcate departments, or amalgamate different departments into one.
- Has the discretionary power to designate any minister as Deputy Prime Minister.
- May keep any department or departments under his/her direct control.
- Dismissal and Resignation of Ministers: The Prime Minister has the power to advise the President to dismiss any minister individually or require any minister to resign.
- Central Arch of Cabinet: While the resignation of an individual minister merely creates a single vacancy, the resignation or death of the Prime Minister dissolves and brings an end to the entire Council of Ministers.
- Cabinet Meetings: Functions as the Chairman of the Cabinet, summons its meetings, and presides over them.
- Policy Coordination and Supervision: In-charge of coordinating the general policy of the government and possesses the right of supervision over all government departments.
- Kitchen Cabinet: Every Prime Minister in India has had an informal “Kitchen Cabinet” (an Inner Cabinet or a smaller circle within the cabinet) to maintain secrecy and assist in making decisions on important political matters.
4. Channels of Communication and Constitutional Duties
- Sole Channel of Communication:
- Acts as the sole channel of communication between the President and the Council of Ministers.
- Acts as the sole channel of communication between the Parliament and the Ministers.
- Constitutional Duties (Article 78): Deals with the duties of the Prime Minister regarding the furnishing of information to the President.
- Aid and Advice to the President (Article 74): The Council of Ministers with the Prime Minister at the head aids and advises the President, who must act in accordance with such advice.
- Chief Spokesperson: Functions as the chief spokesperson of the government in foreign affairs.
5. Ex-Officio Roles and Chairmanships
- Inter-State Council: Serves as the Chairperson of the Inter-State Council established under Article 263.
- NITI Aayog: Serves as the Ex-Officio Chairman of the National Institution for Transforming India (NITI Aayog).
- National Development Council (NDC): Serves as Chairman of the National Development Council.
- Nuclear Command Authority: Serves as the Chairman of the Nuclear Command Authority.
6. Prime Minister’s Office (PMO)
- Meaning & Status:
- An agency established to provide secretarial assistance and advice to the Prime Minister.
- It is an extra-constitutional body holding the status of a department of the Government of India.
- Houses the Prime Minister and selected civil service officers to manage and coordinate government actions.
- History:
- Came into existence in 1947.
- Originally named the Prime Minister’s Secretariat (PMS); renamed Prime Minister’s Office (PMO) in 1977 during the Morarji Desai ministry.
- Leadership: Headed politically by the Prime Minister and administratively by the Principal Secretary to the Prime Minister.
- Key Components: Includes an anti-corruption unit and a public wing dealing with grievances.
- Core Functions of the PMO:
- Assists the Prime Minister in his/her overall responsibilities as head of government and in maintaining communication with central ministries/departments and state governments.
- Assists the Prime Minister in duties as Chairman of NITI Aayog and the National Development Council.
- Manages public relations, including press interactions and communications with the general public.
- Handles all references coming to the Prime Minister under the Rules of Business.
- Provides assistance in examining cases submitted for orders under prescribed rules.
- Maintains harmonious relationships with the President, State Governors, and foreign representatives.
- Acts as the “think-tank” of the Prime Minister, handling subjects not allotted to any specific department or ministry.
- Distinction from Cabinet Secretariat: Does not handle the Prime Minister’s responsibilities as Chairman of the Union Cabinet; Cabinet cases are handled directly by the Cabinet Secretariat, which also functions under the Prime Minister’s direction.
7. Historical Details Mentioned in the Document
- Pandit Jawaharlal Nehru:
- Appointed Vice-President of the Viceroy’s Executive Council in the Interim Government (1946).
- Became the first Prime Minister of independent India, sworn in by Governor-General Lord Mountbatten on August 15, 1947.
- Held the portfolios of Prime Minister, External Affairs & Commonwealth Relations, and Scientific Research in the first cabinet of free India (1947).
- Remarked that the Zonal Councils (established in 1956) were intended to “develop the habit of co-operative working”.
- Outlined the significance of the Speaker of the Lok Sabha and emphasized cooperation between the two Houses of Parliament.
- Indira Gandhi: Enacted the 42nd Constitutional Amendment in 1976 during the National Emergency.
- Morarji Desai: Led the first Administrative Reforms Commission formed in 1966 before K. Hanumanthaiah, and renamed the Prime Minister’s Secretariat to the Prime Minister’s Office in 1977.
- H. D. Deve Gowda and I. K. Gujral: Prime Ministers in the United Front Government (1996–1998) under whom S.R. Bommai served as Human Resource Development Minister.
- Atal Bihari Vajpayee: Led the NDA Government that constituted the National Commission to Review the Working of the Constitution (Venkatachaliah Commission) on February 22, 2000.
