Constitutional Status
- The Prime Minister (PM) is the de facto executive head of the Indian Union.
- The President is the nominal head (de jure), while the PM is the real executive authority in the parliamentary system.
Appointment (Article 75)
- The PM is appointed by the President.
- By convention, the leader of the majority party/coalition in the Lok Sabha is appointed.
- In case of no clear majority, the President may use discretion to appoint a leader likely to command majority support.
- If the PM dies in office, the President may appoint an interim PM until a new leader is chosen by the ruling party.
Judicial Interpretations
- Delhi HC (1980): PM need not prove majority before appointment but must do so within a reasonable time.
- SC (1997): A non-member can be PM for 6 months, during which they must become a member of either House.
- PM can be from either House of Parliament, unlike in the UK (must be from Lower House).
Oaths (Office & Secrecy)
- Administered by the President:
- Oath of Office: Allegiance to Constitution, uphold sovereignty, and discharge duties without fear/favour.
- Oath of Secrecy: Not to reveal official matters except for official duties.
Tenure
- PM holds office during the pleasure of the President.
- Practically, they remain until they enjoy majority support in the Lok Sabha.
- If the majority is lost, the PM must resign or may be dismissed.
Salary & Allowances
- Determined by Parliament.
- PM receives MP’s salary plus additional benefits: residence, travel, medical, sumptuary allowance.
Powers and Functions of the Prime Minister
A. As Head of the Union Council of Ministers
- Recommends ministers to the President.
- Allocates portfolios; reshuffles Council.
- Can ask ministers to resign.
- Chairs meetings; coordinates and guides decisions.
- Death or resignation leads to automatic dissolution of the entire Council.
In Relation to the President
- Acts as chief communication link between Council and President (Article 78).
- Advises President on appointments (AGI, CAG, ECs, Finance Commission, etc.).
- Submits matters for Council review when required by the President.
In Relation to Parliament
- Leader of Lok Sabha (if a member).
- Advises on summoning, proroguing, dissolving Lok Sabha.
- Announces policies and legislative agenda on the House floor.
Other Roles
- Chairs: NITI Aayog, Inter-State Council, NIC.
- Shapes foreign policy.
- Crisis manager-in-chief during emergencies.
- Represents India nationally and globally.
- Voice of the nation on major issues (defence, finance, foreign affairs).
President–PM Constitutional Relationship
| Article | Provision |
| Art. 74 | President acts on advice of CoM headed by PM (with option to seek reconsideration). |
| Art. 75(a) | PM appointed by President; Ministers appointed on PM’s advice. |
| Art. 75(b) | Ministers hold office during President’s pleasure (implied PM’s support). |
| Art. 75(c) | Collective responsibility of CoM to Lok Sabha. |
| Art. 78 | PM’s duty to inform President and submit matters for reconsideration. |