Appointment of The Prime Minister
As per Article 75 of the Indian Constitution, the President should appoint the Prime Minister. However, the President is not free to appoint anyone as the Prime Minister. The appointment of the Prime Minister in India follows a specific and well-defined procedure. The President has to make the selection following the conventions of the parliamentary system of government.
- As per the conventions of the parliamentary government system, the leader of the majority party in Lok Sabha (House of the People) should be appointed as the Prime Minister by the President. After the appointment, the Prime Minister has to seek a vote of confidence in the House to continue with his position.
- However, when no party has a clear majority in Lok Sabha, the President can either appoint the leader of the larger party or the leader of the coalition as the Prime Minister. For example, in 1979, the then President (Neelam Sanjiva Reddy) appointed the coalition leader (Charan Singh) as the PM.
- Another situation is when the President has to appoint the Prime Minister when the PM of the office dies unexpectedly. This happened in 1984 when Zail Singh (the then President) appointed Rajiv Gandhi as Prime Minister after the assassination of Indira Gandhi.
- In 1980, the Delhi High Court said that as per the Constitution, a person does not need to prove his majority in the Lok Sabhas before being appointed as the Prime Minister, but he can do it after the appointment (but within a specific period).
- In 1997, the Supreme Court said that a person who is not a member of either House of Parliament is eligible to be appointed as the Prime Minister. However, he should become a member of either house within six months of his appointment.
Prime Minister: Appointment, Powers, and Functions
Prime Minister of India: The Prime Minister is one of the important posts of the Union Executive along with the President, Vice-President, and Council of Ministers. As per the scheme of the Indian parliamentary system, the President is the head of the state while the Prime Minister is the head of the government. Simply put, the President is the nominal head while the Prime Minister is the real head of the government.
Table of Content
- Who is PM?
- Eligibility Criteria for Prime Minister
- Appointment of The Prime Minister
- Term of the Prime Minister
- Powers & Functions of the Prime Minister
- Relationship Between The President and the Prime Minister
- Power Restrictions of a Prime Minister
- Power Misuse of a Prime Minister