Prime Minister - Clarity Desk Hub IAS

The Real vs. Nominal Executive

In India, we follow the Parliamentary system of government, which is borrowed from Britain.
Now, in this system, there are two kinds of executives:

Nominal Executive (de jure) – meaning in law, officially the executive head, but not the one actually exercising powers.
Real Executive (de facto) – meaning in fact, actually running the government.

So, who are these two in India?

The President is the nominal executive authority — the head of the State.
The Prime Minister is the real executive authority — the head of the Government.

Think of it like this:
👉 The President is like the symbol or face of authority — everything runs in his name,
but 👉 the Prime Minister is the one who actually runs the government.

So, whenever we say “Union Executive,” remember that the President is the constitutional head, but the Prime Minister is the functional head.

👑 Appointment of the Prime Minister

Now, the interesting part — how does one become the Prime Minister?

If you open the Constitution, Article 75(1) says only one line:

“The Prime Minister shall be appointed by the President.”

That’s it!
No detailed procedure, no steps — just that simple line.

But that doesn’t mean the President can appoint anyone he likes!
In a parliamentary system, we go by constitutional conventions — that means long-established democratic practices.

So as per convention:

The President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.

Why? Because only that leader can command the confidence (support) of the majority of Lok Sabha members.

🧩 Case 1: When No Party Has a Clear Majority

Sometimes, the elections give a hung Lok Sabha — meaning, no single party gets a majority.
Now what?

Then the President gets a small window of discretion.
He may invite:

The leader of the largest party, or
The leader of a coalition that seems capable of forming a majority.

He then asks that leader to prove his majority in the Lok Sabha within a month by a vote of confidence.

Example:
In 1979, after Morarji Desai’s Janata Party government fell, President Neelam Sanjiva Reddy appointed Charan Singh as Prime Minister, using his discretion.

🕊️ Case 2: When the Prime Minister Dies Suddenly

Another situation — when a sitting Prime Minister dies and there’s no obvious successor.

Example:
When Indira Gandhi was assassinated in 1984, President Zail Singh appointed Rajiv Gandhi as Prime Minister, even before the Congress Parliamentary Party formally elected him as leader.
Later, the party endorsed his leadership.

So, in such emergencies, the President acts on personal judgment, but once the ruling party elects a leader, the President must appoint that person.

⚖️ Delhi High Court’s Clarification (1980)

The Delhi High Court (1980) made it very clear that:

The Constitution does not require the person to first prove majority before being appointed as Prime Minister.

The President can first appoint him/her, and then ask to prove majority within a reasonable time.

That’s how leaders like:

Charan Singh (1979),
V.P. Singh (1989),
Chandrashekhar (1990),
P.V. Narasimha Rao (1991),
A.B. Vajpayee (1996 & 1998),
Deve Gowda (1996),
I.K. Gujral (1997)
were all appointed first, and then proved majority later.

⚖️ Supreme Court’s Clarification (1996)

In 1996, the Supreme Court clarified another important point:

Even a person who is not a member of Parliament can be appointed as Prime Minister,
but he/she must become a member of either House within six months,
otherwise, he/she ceases to be the Prime Minister.

Example: This is similar to how a person can first become a minister and then contest elections within six months.

🏛️ Which House Can the PM Belong To?

The Constitution allows the Prime Minister to be a member of either House — Lok Sabha or Rajya Sabha.

Examples:

Indira Gandhi (1966) – Rajya Sabha
H.D. Deve Gowda (1996) – Rajya Sabha
Dr. Manmohan Singh (2004) – Rajya Sabha

But in Britain, the Prime Minister must be from the House of Commons (the Lower House).

🪶 Oath of Office and Secrecy

Before taking charge, the President administers two oaths to the Prime Minister:

(a) Oath of Office

The PM swears:

To bear true faith and allegiance to the Constitution of India.
To uphold the sovereignty and integrity of India.
To faithfully discharge the duties of his office.
To do right to all manner of people without fear or favour, affection or ill-will.

(b) Oath of Secrecy

The PM swears not to reveal any official matter that comes to his knowledge as a minister — maintaining the confidentiality of the Council of Ministers’ discussions.

⏳ Term of Office

Now, this is interesting.
The Prime Minister’s term is not fixed — there is no “5 years” written anywhere in the Constitution.

He/she holds office during the pleasure of the President.
But this phrase has a practical meaning:
👉 As long as the Prime Minister enjoys majority support in the Lok Sabha, the President cannot remove him/her.

However, if the PM loses the confidence of the Lok Sabha, two things can happen:

The PM resigns voluntarily, or
The President dismisses the PM.

So, in reality, it’s the Lok Sabha majority, not the President’s pleasure, that decides the PM’s tenure.

💰 Salary and Allowances

The Parliament decides the salary and perks of the Prime Minister.

The PM receives:

The same salary and allowances as a Member of Parliament, plus
Additional benefits such as:
- Sumptuary allowance (for official hospitality),
- Free accommodation,
- Travel and medical facilities, etc.

👉 In 2001, Parliament increased the PM’s sumptuary allowance from ₹1,500 to ₹3,000 per month.

Powers and Functions of the Prime Minister

🌟 Prime Minister – The Nerve Centre of Indian Government

Let’s start with a simple statement:
In India’s parliamentary democracy, the Prime Minister (PM) is not just “one of the ministers.”
He/She is the central axis around which the entire Council of Ministers, the President, and even the Parliament revolve.

In short — the Prime Minister is the real executive head of the country.

To make this easy to remember, we’ll divide the PM’s powers into four heads:

In relation to Council of Ministers
In relation to President
In relation to Parliament
Other powers and roles

Let’s understand each.

🧭 Powers in Relation to the Council of Ministers

The Council of Ministers is the team — and the Prime Minister is the captain.
Just as in cricket, the captain may not own the team but he decides the strategy, order, and coordination — similarly, in the Union government, PM is the chief coordinator and decision-maker.

Let’s see how:

Appointment of Ministers:
- The President appoints ministers only on the advice of the Prime Minister.
- So, effectively, it’s the PM who chooses the ministers; the President merely formalizes it.
Allocation and reshuffling of portfolios:
- PM decides who will get which ministry — Defence, Finance, Home, etc.
- He can reshuffle these portfolios anytime.
Removal of Ministers:
- If any minister disagrees or loses confidence, the PM can ask him/her to resign.
- Or, if the minister refuses, PM can advise the President to dismiss that minister.
- Hence, the PM maintains discipline and unity within the council.
Presides over Council meetings:
- PM chairs the meetings of the Council of Ministers.
- His opinion carries the greatest weight — he influences and finalizes decisions.
Guides and coordinates all ministers:
- PM ensures that all ministries work in a coordinated manner.
- Without this, government would function like disconnected departments.
Can cause the fall of entire Council:
- The moment PM resigns, the entire Council of Ministers automatically dissolves.
- Why? Because the Council exists only as long as it has the Prime Minister at its head.
- If any other minister resigns, it’s just a vacancy.
- But if the PM resigns or dies — it creates a vacuum — and the entire council collapses.

👉 So, in essence, the Council of Ministers cannot exist without the Prime Minister.
This shows that he is the keystone of the entire executive structure.

🏛️ Powers in Relation to the President

The relationship between the President and Prime Minister is like that of a constitutional head and a functional head.
And here, the Prime Minister acts as a bridge between the President and the Council of Ministers.

The Constitution (Article 78) defines the PM’s duties toward the President:

Channel of communication:
- All decisions of the Council of Ministers are communicated to the President through the Prime Minister.
- The President cannot directly seek advice from individual ministers; everything must go through the PM.
Informing the President:
- PM must inform the President about:
  - Decisions taken by the Council of Ministers,
  - Proposals for legislation, and
  - Any information that the President may demand.
Placing matters before the Council:
- If any individual minister takes a decision without the Council’s consideration, and the President asks for it, the PM must bring that matter before the full Council for discussion.
Advising on key appointments:
- PM advises the President while appointing top constitutional officials like:
  - Attorney General of India,
  - CAG (Comptroller and Auditor General),
  - UPSC Chairman and Members,
  - Election Commissioners,
  - Finance Commission members, etc.

So, while the President appoints, the Prime Minister recommends.
This ensures that real executive control remains with the elected leadership, not with the nominal head.

🏛️ Powers in Relation to the Parliament

Now, Parliament is the seat of sovereignty, but within it, the Prime Minister is the leader of the Lower House (Lok Sabha).
He is not just a participant — he drives the legislative and political agenda.

Let’s see how:

Advises the President to summon or prorogue sessions:
- Technically, the President calls and ends sessions of Parliament —
  but in practice, it’s always done on the advice of the Prime Minister.
Recommends dissolution of Lok Sabha:
- PM can recommend that the President dissolve the Lok Sabha at any time, even before the 5-year term.
- This gives the PM a powerful tool to call for fresh elections when politically favourable.
Announces Government Policies:
- PM presents and defends the government’s policies on the floor of the House.
- He answers questions, makes statements, and represents the government’s collective view.

So, in Parliament, PM is not just a speaker — he is the voice and face of the entire government.

🌐 Other Powers and Roles

Apart from the constitutional duties, the Prime Minister wears many other hats — administrative, political, and national.

Chairman of Key Bodies:
- PM heads several important councils such as:
  - NITI Aayog (replaced Planning Commission),
  - National Integration Council,
  - Inter-State Council,
  - National Water Resources Council, etc.
- This shows his central role in coordinating Centre–State relations and national policy-making.
Foreign Policy Architect:
- PM represents India in international forums, signs agreements, and directs foreign policy.
- Example: Nehru’s Non-Alignment, Indira’s Bangladesh policy, Modi’s “Neighbourhood First” — all are PM-driven.
Chief Spokesperson of the Union Government:
- PM communicates the government’s stance to the media, Parliament, and the people.
Crisis Manager-in-Chief:
- During national crises (war, internal unrest, disasters), PM becomes the political commander managing coordination between ministries and security forces.
Leader of the Nation:
- He meets different sections of society, receives representations, and responds to public concerns.
Leader of the Ruling Party:
- PM is also the political head of the ruling party — the bridge between government and party organization.
Political Head of the Services:
- All civil services function under the ultimate political direction of the Prime Minister.

So, when we add all this up — it becomes clear why Dr. B.R. Ambedkar said:

“If any functionary in our Constitution is to be compared with the U.S. President, it is the Prime Minister, and not the President of India.”

💡 How Scholars Have Described the Prime Minister’s Role

Various British and Indian constitutional thinkers have beautifully captured the PM’s position — let’s look at them briefly:

Scholar	Description / Quote	Meaning
Lord Morley	“Primus inter pares” (first among equals); “Keystone of the cabinet arch.”	PM is one among ministers but superior in authority.
Herbert Morrison	Said calling PM “primus inter pares” is too modest — his power is far greater.	PM is not just ‘first among equals’; he is far above equals.
Sir William Harcourt	“Inter stellas luna minores” — a moon among lesser stars.	PM shines brighter than others.
Sir Jennings	PM is “the sun around which planets revolve.”	PM is the centre; others depend on him.
H.J. Laski	“Central to the cabinet’s formation, life, and death.”	PM is the pivot of the entire system.
H.R.G. Greaves	“Government is the master of the country; PM is the master of the Government.”	PM dominates both cabinet and policy.
Munro	“Captain of the ship of the State.”	PM navigates the country’s direction.
Ramsay Muir	“Steersman of the steering wheel of the ship of the State.”	PM is the active controller of governance.

In Britain, scholars even say:

“Cabinet government has now transformed into Prime Ministerial government.”

Thinkers like R.H. Crossman and Humphrey Berkeley argue that the PM’s powers have become super-ministerial — meaning, he dominates the cabinet and Parliament itself.

And the same trend is visible in India — our system is not merely Cabinet Government, but increasingly a Prime Ministerial Government, where the PM’s influence pervades every arm of administration and policy.

🏛️ Relationship between the President and the Prime Minister

To understand this part, we must recall a basic point of India’s Parliamentary form of government:
👉 The real executive (Prime Minister and Council of Ministers) and the nominal executive (President) must work together harmoniously, each within their own constitutional limits.

Now, our Constitution clearly lays down three Articles — 74, 75, and 78 — which define this relationship.
Let’s go through them one by one.

Article 74 — The Council of Ministers to Aid and Advise the President

This is the heart of India’s executive system. It says:

“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.”

So what does this mean?

The President is bound by the advice of the Council of Ministers — that is, the real executive.
However, there’s a small yet important provision:
The President may ask the Council to reconsider its advice once.
But — after reconsideration — whatever advice is given again, the President must accept it.

✅ Example in practice:
If the Council of Ministers advises the President to dissolve the Lok Sabha, the President may ask, “Please reconsider.”
But if the Council reaffirms its decision, the President has no choice but to dissolve it.

👉 In short: The President may advise once, but cannot veto twice.

Article 75 — Appointment and Responsibility

This article outlines three key points:

(a) The Prime Minister is appointed by the President, and the other ministers are appointed by the President on the advice of the Prime Minister.

So, the President can’t just choose ministers on his own — he only formally appoints the ones recommended by the PM.

(b) The ministers hold office during the pleasure of the President, but practically, that “pleasure” means the PM’s confidence.
If the PM wants a minister removed, the President must dismiss him; otherwise not.

👉 This is the core principle of parliamentary democracy — the government survives only as long as it enjoys the confidence of the elected House.
If the Lok Sabha withdraws support, the entire Council, including the PM, must resign.

Article 78 — Duties of the Prime Minister

This Article describes the threefold communication duties of the PM toward the President.

It says the PM must:

(a) Communicate to the President all decisions of the Council of Ministers relating to the administration of Union affairs or legislative proposals.

(b) Furnish any information the President may call for regarding Union administration or proposals for legislation.

(c) Submit for reconsideration any matter that the President desires should be discussed by the entire Council, even if it was earlier decided by a single minister.

👉 In essence:
The Prime Minister acts as the principal channel of communication between the President and the Council of Ministers — no minister can directly approach the President on his own.

⚙️ How the Relationship Works in Practice

In a way, you can visualize it like this:

The President acts somewhat like the constitutional head of a company.
The Prime Minister is the CEO, actually running the daily operations.
The Council of Ministers are the executives and managers helping the CEO.

So while constitutionally all orders are issued in the name of the President, the real decision-making authority lies with the Prime Minister and his Council.

This is exactly why Dr. B.R. Ambedkar said —

“If any functionary in our Constitution is to be compared with the U.S. President, it is the Prime Minister, not the President of India.”

🧍‍♂️ Chief Ministers who became Prime Ministers

Now, let’s turn to a lighter factual segment that often comes in prelims or mains examples.

So far, six leaders have served as Chief Ministers before becoming Prime Ministers of India:

Prime Minister	State as Chief Minister	Tenure as PM
Morarji Desai	Bombay State (1952–56)	1977–79
Charan Singh	Uttar Pradesh (1967–68, 1970)	1979–80
V.P. Singh	Uttar Pradesh	1989–90
P.V. Narasimha Rao	Andhra Pradesh (1971–73)	1991–96
H.D. Deve Gowda	Karnataka	1996–97
Narendra Modi	Gujarat (2001–14)	2014–present

👉 This shows that both state-level experience and national politics can converge at the topmost post of the Union government.

🧾 Caretaker Government

Now we come to a very practical but often misunderstood concept:
What happens when the government falls or the Lok Sabha is dissolved, but elections are yet to happen?

At that time, the country still needs a government to function — to handle daily administration, defense, and emergencies.
That temporary arrangement is known as the Caretaker Government.

🧭 Meaning

Let’s understand it clearly:

The term “caretaker government” is not mentioned in the Constitution.
It is a constitutional convention, not a written rule.
It arises after the dissolution of Lok Sabha, and it continues till a new government is formed after elections.
Its main task is to ensure:
- Day-to-day administration, and
- Conduct of free and fair elections.

✅ Example:
After a government resigns or loses a vote of confidence, the President may request the outgoing PM and his ministers to continue as a caretaker government until the next one takes oath.

⚖️ Limited Role of Caretaker Government

A caretaker government is not expected to make big policy decisions.
It only handles routine work, unless a matter of national security or national interest arises.

This limitation is supported by several recommendations and judicial observations:

🧩 Tarkunde Committee (1974–75)

The Committee clearly stated that a caretaker government should not:

Start new policies or projects,
Promise financial grants or salary hikes,
Take major administrative decisions, or
Hold public functions for political mileage.

🧩 President Sanjiva Reddy’s Communique (1979)

When the Lok Sabha was dissolved in 1979, President N. Sanjiva Reddy emphasized that:

Elections must be free and fair,
No new major policies or expenditure should be initiated,
Only urgent matters of national interest may be handled.

🧩 Calcutta High Court Judgment (1979)

The court clarified that:

Though the Constitution does not mention a caretaker government, in such extraordinary situations, it is a functional necessity.
The PM and Council of Ministers can continue only for day-to-day administration until a new government takes charge.

🧩 Accountability Issue

Caretaker governments are also constrained by two factors:

Parliament is dissolved, so there is no accountability mechanism in place.
The government must not misuse its position to gain electoral advantage.

That’s why, during this phase, the government behaves with extra restraint.

💬 Final Takeaway

The Prime Minister, as the real executive, stands at the core of India’s parliamentary system.
The President symbolizes the constitutional head, while the Prime Minister symbolizes political leadership and accountability.

And even when the system goes into a temporary “caretaker” mode, these conventions ensure continuity, stability, and neutrality of governance.

Articles related to Prime Minister at Glance

Article No.	Subject Matter
74	Council of Ministers to aid and advise President
75	Other provisions as to Ministers
77	Conduct of business of the Government of India
78	Duties of Prime Minister as respects the furnishing of information to the President, etc.
88	Rights of Ministers as respects the Houses