• THE PRIME MINISTER AND THE COUNCIL OF MINISTERS
  • POWERS AND FUNCTIONS OF PRIME MINISTER

UNIT 8 – THE PRIME MINISTER AND THE COUNCIL OF MINISTERS – PART 1

THE PRIME MINISTER AND THE COUNCIL OF MINISTERS

In the Parliamentary form of government, the Prime Minister and the Council of Ministers (CoM) possess the real executive powers and form the nucleus of administration of the Union.

THE PRIME MINISTER

The Prime Minister is the head of the government. He is accorded with the status of ‘The First Among the Equals’ in relation with other ministers in the council. Though the Com Is A Multi Member Body, it functions as a single unit under the guidance and directions of the Prime Minister. 

APPOINTMENT

Article 75: It says that the Prime Minister shall be appointed by the President.

Note:

1.   The Prime Minister can also come from the Rajya Sabha.

2.   The President administers the oath of office and secrecy to the Prime Minister.

3.       The Prime Minister holds office during the pleasure of the President. When the Prime Minister and his CoM lose majority support in the Lok Sabha, he has to resign or the President can dismiss him from his office.

The constitution does not prescribe the procedure for the selection and appointment of the Prime Minister. However, by convention, the President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister. When no party has the majority, the President can exercise his discretionary power in the appointment of Prime Minister. However, he usually asks the leader of the largest party or coalition to form the government and prove their majority within a month by securing the vote of confidence of Lok Sabha.

POWERS AND FUNCTIONS OF PRIME MINISTER

The Prime Minister, being the real executive authority, holds a wide range of powers and discharges diverse functions. His powers and functions include the following.

  1. He is the Chairman of NITI Aayog, National Integration Council, Inter-State Council and National Water Resources Council.
  2. He recommends to the President, the persons who can be appointed as ministers.
  3. He allocates and shuffles portfolios between the ministers.
  4. In case of differences of opinion with a minister, he can ask him to resign or advice the President to dismiss him from his office.
  5. He instils the principle of collective responsibility upon the council of ministers by controlling their actions and ensuring the concurrence of decisions.
  6. He advises the President with respect to the appointment of the Attorney General of India, Comptroller and Auditor General of India, Chairman and members of UPSC, Election Commissioners, Chairman and members of Finance Commission and so on.
  7. He can recommend the President to dissolve the Lok Sabha and conduct new election.
  8. He advises the President on summoning and proroguing of the sessions of Parliament.
  9. His role is imperative in shaping the foreign policy of the State.
  10. During emergency situations, the Prime Minister acts as the chief crisis manager.

DUTIES OF PRIME MINISTER:

It is the duty of the Prime Minister

  1. To report to the President, all the decisions taken by the CoM with respect to the administration of the Union and proposals for legislation.
  2. To provide information about the administration of the Union and proposals for legislation to the President on his demand.
  3. On the demand of the President, to submit for the consideration of the CoM, the decisions that have been taken by a minister without the consideration of the council.
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