The Prime Minister Of India

According to the Constitution's scheme of parliamentary government, the President is the nominal executive authority, the de jure executive or head of the state, while the Prime Minister is the real executive authority, the de facto executive or head of the government. These standardized study notes explain how the office works, and they sit alongside the rest of our resources library for students of Indian politics.

Appointment of the Prime Minister

Under Article 75 of the Indian Constitution, the Prime Minister can only be appointed by the President.

The Constitution makes no reference to the exact procedure for selecting and appointing the Prime Minister. By parliamentary convention, the President appoints the leader of the majority party in the Lok Sabha as Prime Minister.

No clear majority: If no party commands a clear majority in the Lok Sabha, the President may use personal judgement in selecting and appointing the Prime Minister.

• In such a case, the President usually appoints the leader of the largest party or coalition in the Lok Sabha, and asks that person to win a vote of confidence in the House within a month.

The President used this discretion in 1979, when Neelam Sanjiva Reddy, the President at the time, appointed Charan Singh, the coalition leader, as Prime Minister after the fall of Morarji Desai's Janata Party government.

Vacancy due to death: The President may also use discretion if an acting Prime Minister dies suddenly and there is no obvious successor.

• This is precisely what happened in 1984 when Indira Gandhi was assassinated. Setting aside the practice of appointing a caretaker Prime Minister, the then President Zail Singh appointed Rajiv Gandhi as Prime Minister. Rajiv Gandhi was later elected unanimously as leader of the Congress.
• However, if the ruling party elects a new leader after the death of a serving Prime Minister, the President is bound to appoint that leader as Prime Minister.

The Delhi High Court ruled in 1980 that the Constitution does not require a person to prove a majority in the Lok Sabha before being appointed Prime Minister. The President may appoint the person first, and then ask them to prove their majority in the Lok Sabha within a reasonable time.

The Supreme Court ruled in 1997 that a person who is not a member of either House of Parliament may be appointed Prime Minister for a period of six months, during which they must become a member of either House. If they fail to do so, they lose the office of Prime Minister.

Prime Ministers who were members of the Rajya Sabha include Indira Gandhi (1966), Deve Gowda (1996) and Manmohan Singh (2004).

In the United Kingdom, by contrast, the Prime Minister is expected to be a member of the Lower House, the House of Commons.

Oath, term and salary

Oath: The President administers the oaths of office and secrecy to the Prime Minister before they take up office. In the oath of office, the Prime Minister swears:

• to have true faith and allegiance to the Constitution of India;
• to uphold the sovereignty and integrity of India;
• to carry out the duties of office faithfully and diligently; and
• to act fairly towards all people in accordance with the Constitution and the law, without fear or favour, affection or malice.

In the oath of secrecy, the Prime Minister swears not to reveal to any person any matter that comes to their notice as a Union Minister, except as required for the proper discharge of their duties.

Term: There is no fixed term for the Prime Minister.

• As long as the Prime Minister keeps a majority in the Lok Sabha, the President cannot dismiss them. If the Prime Minister loses the confidence of the Lok Sabha, they must resign or be dismissed by the President.

Salary and allowances: Parliament decides the salary and allowances of the Prime Minister from time to time. The Prime Minister draws the same salary and allowances as a member of Parliament, and in addition receives a sumptuary allowance, free accommodation, a travelling allowance and medical care.

Powers and functions of the Prime Minister

The powers and functions of the Prime Minister can be understood under the following heads.

In relation to the Council of Ministers

As the head of the Union Council of Ministers, the Prime Minister has these powers:

• They recommend to the President who should be appointed as ministers. The President appoints ministers only on the advice of the Prime Minister.
• They allot and reshuffle portfolios among ministers.
• In case of a disagreement, they can ask a minister to resign, or advise the President to dismiss that minister.
• They preside over meetings of the Council of Ministers and guide its decisions.
• They direct, coordinate and supervise the work of all ministers.
• They can bring the Council of Ministers to an end by resigning from office.

When a serving Prime Minister resigns or dies, the entire Council of Ministers falls with them. By contrast, the resignation or death of a single minister only creates a vacancy that the Prime Minister may or may not choose to fill.

In relation to the President

The Prime Minister is the main channel of communication between the President and the Council of Ministers. Their duties include:

• to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union, and all proposals for legislation;
• to give the President any information relating to the administration of the Union that the President may call for; and
• if the President so requires, to place before the Council of Ministers any matter that a minister has decided but that the Council has not considered.

The Prime Minister also advises the President on important appointments, such as the Attorney General of India, the Comptroller and Auditor General of India, the Chairman and members of the UPSC, the Election Commissioners, and the Chairman and members of the Finance Commission.

In relation to Parliament

The Prime Minister is the leader of the Lower House of Parliament. In this role, they:

• advise the President on the summoning and proroguing of sessions of Parliament;
• can recommend the dissolution of the Lok Sabha to the President at any time; and
• announce government policies on the floor of the House.

Key constitutional articles

The relationship between the President and the Prime Minister is set out in these provisions of the Constitution:

Article 74: There shall be a Council of Ministers, headed by the Prime Minister, to aid and advise the President.

Article 75: The President appoints the Prime Minister, and, on the advice of the Prime Minister, appoints the other ministers.

• The ministers hold office during the pleasure of the President.
• The Council of Ministers is collectively responsible to the House of the People, the Lok Sabha.

Article 78: The duties of the Prime Minister are to keep the President informed of the decisions of the Council of Ministers, to supply any information the President asks for, and, if the President requires, to refer a minister's decision back to the full Council for consideration.

Why it still matters today

These rules are not only exam theory. They decide who runs the country right now. In the 2024 Lok Sabha election, the party of Prime Minister Narendra Modi, the Bharatiya Janata Party, won 240 seats. That was the largest single block, but it was below the 272 seats a party needs for a majority of its own in the 543 member Lok Sabha.

Because no single party had a clear majority, the President invited the leader of the largest alliance, the National Democratic Alliance, which together held about 293 seats, to form the government. Modi was sworn in for a third straight term in June 2024, this time depending on partners such as the Telugu Desam Party and the Janata Dal (United). This is exactly the no clear majority situation the notes above describe.

The contrast with earlier years is the interesting part. In 2014 and 2019 the BJP won a majority on its own, so it did not need allies to decide who became Prime Minister. In 2024 it did. The office of Prime Minister is the same in all three cases, but the political arithmetic around it changes how much power the person in the chair really holds. A Prime Minister who has to keep coalition partners happy has less room to act alone than one who commands a majority single handedly.

If you want to see how a vote on this scale actually turns into a working government, our Learnacy Hub links civics ideas like these to live data and current events. You can also read more of our Indian Polity notes on the offices that sit around the Prime Minister, such as the Council of Ministers and the President.

Sources

1. Britannica, Indian Lok Sabha elections of 2024: https://www.britannica.com/event/Indian-Lok-Sabha-elections-of-2024
2. News Services Division, All India Radio (Government of India), BJP led NDA secures majority in Lok Sabha elections with 292 seats: https://www.newsonair.gov.in/bjp-led-nda-secures-absolute-majority-in-lok-sabha-elections-by-winning-292-seats-bjp-emerges-as-single-largest-party-with-240-seats

Key takeaways

• Under the Indian Constitution's parliamentary system, the President is the nominal executive (de jure head of state) while the Prime Minister is the real executive authority (de facto head of government).
• The President appoints the Prime Minister under Article 75. By convention, the President appoints the majority party leader in Lok Sabha. When no clear majority exists, the President uses discretion to appoint someone who must win a confidence vote within a month.
• A non-member of Parliament can be appointed Prime Minister for up to six months, during which they must become a member of either House or lose the office.
• The Prime Minister administers oaths to the Council of Ministers, allocates and reshuffles ministerial portfolios, and can ask a minister to resign or advise the President to dismiss them.
• The Prime Minister serves as the main channel of communication between the President and the Council of Ministers, conveying all administrative decisions and legislative proposals to the President.

Test yourself

Who appoints the Prime Minister and on what basis?

The President appoints the Prime Minister under Article 75 of the Constitution. By parliamentary convention, the President appoints the leader of the majority party in the Lok Sabha.

What happens if someone appointed Prime Minister is not a member of Parliament?

A person who is not a member of either House of Parliament may be appointed Prime Minister for a period of six months, during which they must become a member of either House. If they fail to do so, they lose the office.

How long can the Prime Minister serve in office?

There is no fixed term for the Prime Minister. As long as the Prime Minister keeps a majority in the Lok Sabha, the President cannot dismiss them.

Frequently asked questions

What is the difference between the President and the Prime Minister in terms of their executive roles?

The President is the nominal or de jure executive authority, meaning they hold the office in name but do not exercise real executive power. The Prime Minister, as the real or de facto executive authority, holds the actual power to govern and make decisions.

How is the Prime Minister appointed in India?

The Prime Minister is appointed by the President, who follows the convention of selecting the leader of the majority party in the Lok Sabha. In cases where no party has a clear majority, the President may use personal judgment to appoint the leader of the largest party or coalition and ask them to prove their majority within a month.

Can a person who is not a member of Parliament be appointed Prime Minister?

Yes, the Constitution allows a person who is not a member of either House of Parliament to be appointed Prime Minister for up to six months. During this period, they must become a member of either House; otherwise, they lose the office of Prime Minister.

What are the key components of the oath taken by the Prime Minister?

The oath of office requires the Prime Minister to swear allegiance to the Constitution, uphold India's sovereignty and integrity, faithfully perform duties, and act fairly without bias. The oath of secrecy requires them to keep confidential matters secret unless necessary for official duties.