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Prime Minister of India. Appointment, Powers and Position. Appointment. Shall be appointed by the President in accordance with the well-established parliamentary practice of inviting the leader of the majority party in the Lok Sabha (Art.75).
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Prime Minister of India Appointment, Powers and Position
Appointment • Shall be appointed by the President in accordance with the well-established parliamentary practice of inviting the leader of the majority party in the Lok Sabha (Art.75). • President has discretionary power when no party or coalition commands a majority in the Lok Sabha to appoint PM
Qualifications • Must be citizen of India • Must be member of either house of Parliament • If he is not, he must become the member within six months of appointment • Leader of the majority party or one who enjoys the majority support in the Lok Sabha
Tenure of PM • No fix tenure • PM shall hold office as long as he enjoys the majority support in the Lok Sabha. • Lok Sabha can remove PM by way of carrying out a No Confidence Motion or Censor Motion or Cut Motion. • With the removal of PM, the entire Cabinet resigns.
Executive Powers of PM • Formation of Council of Ministers: appoints, removes and distributes portfolios to Ministers • Presides the Meetings of the Cabinet • Leader of the Council of Ministers • Prepares the list for various important appointments such as those of governors, judges of Supreme and High Court, members of UPSC, Election Commission, ambassadors and high Commissioners. These appointments are however made by the President.
Legislative Powers of PM • Fixes the Programme of the Parliament • Makes Important Policy Statements in the Parliament • Defends the Policies of the Government in the Parliament • Director of Foreign Policy • Director of Indian Economy • Leader of the Lok Sabha • Recommends Dissolution of the Lok Sabha
Changing Role of PMin the Age of Coalition Politics • Bound to follow the Common Minimum Programme • Bound to take Political Parties along side • Not independent enough in the formation of Council of Ministry • Important decisions are taken by the Co-ordination Committee made by the partner parties
Position of PM - I • The constitution envisages a scheme of affairs in which the President of India is the head of the executive in terms of Article 53 with office of the Prime Minister as heading the Council of Ministers to assist and advise the President in the discharge of the executive power. To quote, Article 53 and 74 provide as under: The executive powers of the Union shall be vested in the President and shall be exercised either directly or through subordinate officers, in accordance with the Constitution. — Article 53(1), Constitution of India There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
Position of PM - II • — Article 74(1), Constitution of India Unlike most parliamentary democracies where the Head of State's duties are only ceremonial, the Prime Minister of India is the head of government and has joint responsibility for executive powers along with the President of India. • Chief political strategist for the government and the nation
Can Indian PM be a Dictator? There are number of constraints on PM: • Control of Parliament • Control of Public Opinion • Control of Constitution • Control of Press • Control of the President • Control of Opposition
Avasthi, A.P, Indian Government and Politics, Narain Agarwal, Agra, 2001. • Badyal, J.S, Indian Government and Politics, Raj Publishers, Jalandhar, 2013. • Fadia, B.L, Indian Government and Politics, Sahitya Bhawan Publication, Agra, 2002 • Ghai, U.R, Indian Government and Politics, New Academic Publishing, Jalandhar, 2002. • Gupta, D.C, Indian Government and Politics,Vikas Publishing House, New Delhi, 1978 • Johari, J.C, Indian Government and Politics, Vishal Publication, 1979.