The Prime Minister As The Real Executive

Parliamentary democracy in India envisages the presence of a nominal and a real executive. These are the President and the Prime Minister respectively. The institution of Prime Minister in India is modelled on the form that exists in Great Britain. In Great Britain, the evolution of the office of the Prime Minister paralleled that of the cabinet. Cabinets in Great Britain during the early stages were mostly collections of ministers appointed by the kings for their ability, political influence or personal loyalty to the sovereign. None of them claimed pre-eminence though some held important portfolios. However, with the passage of time, the king started relying on one person who, using the royal patronage, was able to muster the support of a majority of the members of Parliament. The person expected loyalty from his colleagues. He came to be known as the Prime Minister. The term itself was used derisively for such a person who acted as a link between the king and his ministers. Appointment: Article 75 says that the President shall appoint the Prime Minister and the other ministers shall be appointed on his advice. The first step in the process of forming a council of ministers is to find a Prime Minister. He must be a person who can secure colleagues and with his colleagues, he must be sure of the support of the House of the People. Further Parliamentary government demands not merely that the Prime Minister shall, with his colleagues be responsible to the lower house, but that he shall be able to justify his policy in Parliament.

Qualifications:

The Constitution does not lay down any specific qualifications for the office of the Prime Minister. The only qualification stipulated is that he should be qualified to be a Member of Parliament. To be a member of parliament, a person should be –

i) A citizen of India, ii) Make and subscribe an oath expressing his true faith and allegiance to the constitution;

Must not be less than 30 years of age in the case of Rajya Sabha and 25 years of age in the case of the Lok Sabha and possess such other qualifications as may be laid down by Parliament. ( Article 84)

The Representation of the People’s Act also provides that his name should be registered in any parliamentary constituency. The Constitution permits a person to be appointed as Prime Minister even though he is not a Member of Parliament on the date of his appointment. However, according to article 75(5) he ceases to be a Prime Minister in case he does not secure the membership of either house of Parliament within a period of six months.

It has been a general practice that the Prime Minister belongs to the Lok Sabha. However, there is no provision in the constitution that prevents a member of the Rajya Sabha from becoming the Prime Minister. It is only a convention that the President should appoint the leader of the party or a group of parties who commands majority support in the House of People (Lok Sabha) as Prime Minister. (It may be noted here that our former Prime Minister Mr. H.D. Deve Gowda was a member of the Rajya Sabha).

There is no specific provision in the Constitution regarding the emoluments of the Prime Minister, The Constitution has bestowed these powers on the Parliament.

Removal of the Prime Minister

As regards the removal of the Prime Minister by the President, Article 75(2) which conditions his continuance in office dependent on “the pleasure of the President” has to be read with Article 75(3) which states that all the ministers are collective. responsible to the House of the People. This is taken to mean that so long as the Prime Minister is able to command majority support in the Lok Sabha, there is no threat to his continuance in office…

Position of the Prime Minister

The President is the official head of the state but the active head is the Prime minister usual description of the position of the Prime Minister and his associates are to say that he is “primus inter pares”. A phrase that means he is first among equals. This attention to one very important aspect of the relationship between the Prime Minister and his council of ministers namely that the other ministers are the colleagues of their chief and not his obedient and unquestioning subordinates. Whenever the Prime Minister vacates his office that act. normally carries with it the resignation of the entire council of ministers.

Here are the notes on the Powers And Functions Of The Prime Minister.