Division of Executive Power in India
India's Constitution establishes a parliamentary system of government in which executive power is divided between two key figures. The President acts as the nominal or de jure executive—a ceremonial head of state who embodies the nation's unity and sovereignty. In practice, however, real executive authority rests with the Prime Minister, the de facto head of government, who leads the Council of Ministers and drives the day-to-day administration and policy-making. This elegant division ensures accountability to the elected legislature while upholding constitutional dignity.
Appointment of the Prime Minister
The Indian Constitution outlines no explicit procedure for selecting and appointing the Prime Minister. Article 75 simply states that the President shall appoint the Prime Minister. Yet this brevity does not grant the President unchecked freedom. Drawing from the conventions of India's parliamentary system, the President must typically appoint the leader of the majority party—or coalition—in the Lok Sabha. This ensures the government reflects the House's dominant will.
Challenges arise, however, when no single party or coalition commands a clear majority in the Lok Sabha. Here, the President exercises personal discretion to appoint the leader of the largest party or coalition, directing them to secure a vote of confidence within a reasonable period, often a month. This power was invoked for the first time in 1979, when President Neelam Sanjiva Reddy appointed Charan Singh, leader of a coalition, following the collapse of Morarji Desai's Janata Party government.
The President may also need to rely on individual judgment in rare crises, such as the sudden death of a sitting Prime Minister without an obvious successor. A stark example occurred in 1984 after Indira Gandhi's assassination: President Zail Singh bypassed the convention of naming a caretaker and directly appointed Rajiv Gandhi. The Congress parliamentary party later unanimously endorsed him as leader. In contrast, if the ruling party promptly elects a new leader upon the incumbent's death, the President has no discretion and must appoint that individual.
Judicial interpretations have further clarified these norms. In 1980, the Delhi High Court ruled that the Constitution does not mandate proving a majority in the Lok Sabha before appointment. Instead, the President can appoint the Prime Minister first and require them to demonstrate support within a reasonable timeframe. This principle guided appointments like those of Charan Singh (1979), V.P. Singh (1989), Chandrasekhar (1990), P.V. Narasimha Rao (1991), A.B. Vajpayee (1996), H.D. Deve Gowda (1996), I.K. Gujral (1997), and A.B. Vajpayee again (1998).
Additionally, in 1997, the Supreme Court affirmed that a non-member of Parliament can serve as Prime Minister for up to six months, provided they secure membership in either House during that period; failure to do so results in automatic cessation of office.
Unlike in Britain, where the Prime Minister must be a member of the House of Commons, India's Constitution permits the Prime Minister to hail from either the Lok Sabha or Rajya Sabha. Notable Rajya Sabha members who served include Indira Gandhi (1966), H.D. Deve Gowda (1996), and Manmohan Singh (2004). This flexibility underscores the adaptability of India's parliamentary framework.
Oath, Term, and Salary of the Prime Minister
Before assuming office, the Prime Minister takes two essential oaths administered by the President: the oath of office and the oath of secrecy. In the oath of office, the Prime Minister pledges to bear true faith and allegiance to the Constitution of India, uphold the sovereignty and integrity of the nation, faithfully discharge the duties of the office, and do right to all people in accordance with the Constitution and laws—without fear, favor, affection, or ill will. The oath of secrecy, equally binding, requires the Prime Minister to refrain from directly or indirectly communicating or revealing any matters that come under consideration or become known in the capacity of a Union Minister, except as necessary for the proper performance of those duties. These oaths underscore the Prime Minister's profound responsibility to the Constitution and the nation's security.
The Prime Minister's term is not fixed by statute but holds office during the pleasure of the President. This constitutional provision, however, operates within democratic conventions: as long as the Prime Minister commands the majority support in the Lok Sabha, the President cannot dismiss them. Should the Prime Minister lose the confidence of the Lok Sabha—typically tested through a vote of confidence—they must resign, paving the way for the President either to ask them to prove majority anew or dismiss them and invite an alternative leader.
Parliament determines the Prime Minister's salary and allowances from time to time, aligning them with those of a Member of Parliament as a base. Beyond this, the Prime Minister receives additional perks, including a sumptuary allowance, free official accommodation, travel allowances, and medical facilities. Notably, in 2001, Parliament raised the sumptuary allowance from â‚ą1,500 to â‚ą33,000 per month, reflecting adjustments to contemporary needs while maintaining parliamentary oversight.
Prime Ministerial Powers and Functions in India
The powers and functions of the Prime Minister in India's parliamentary democracy lend themselves to systematic analysis under several key categories.
Powers of the Prime Minister as Head of the Council of Ministers
As the pivotal leader of the Union Council of Ministers, the Prime Minister wields extensive authority that underscores the parliamentary system's emphasis on collective responsibility under a single guiding hand. The President appoints ministers solely on the Prime Minister's recommendations, ensuring that the ministry reflects the leader's vision and political strategy. Once formed, the Prime Minister personally allocates portfolios among ministers and has the flexibility to reshuffle them as circumstances demand, adapting the government's structure to evolving priorities.
Beyond appointments, the Prime Minister exercises firm control over the Council's operations. The Prime Minister presides over its meetings, shaping deliberations and decisions through persuasive influence. This leadership extends to guiding, directing, coordinating, and overseeing the activities of all ministers, fostering unity and alignment across diverse portfolios. In cases of irreconcilable differences, the Prime Minister can demand a minister's resignation or advise the President to dismiss them, maintaining discipline and coherence within the team.
The Prime Minister's preeminent role also manifests in the Council's very survival. Should the Prime Minister resign or pass away, the entire Council automatically dissolves, creating a constitutional vacuum that necessitates fresh formations. By contrast, the resignation or death of any other minister results only in a single vacancy, which the Prime Minister may choose to fill or leave open. This stark distinction highlights how the Prime Minister embodies the Council's collective essence, embodying the principle that the ministry stands or falls with its head.
Powers of the Prime Minister vis-Ă -vis the President
In India's parliamentary system, the Prime Minister functions as the principal channel of communication between the President and the Council of Ministers, ensuring seamless coordination between the executive head and the government. This pivotal role imposes specific duties on the Prime Minister. He must promptly convey to the President all decisions of the Council concerning Union administration and any proposals for legislation. Additionally, he is required to supply whatever information the President seeks on these administrative or legislative matters. Finally, should the President request it, the Prime Minister must place before the Council for reconsideration any decision made by an individual minister that has not yet been deliberated by the full body.
Beyond communication, the Prime Minister plays a crucial advisory role in the appointment of vital constitutional officeholders. He counsels the President on selections for positions such as the Attorney General of India, the Comptroller and Auditor General of India, the Chairman and members of the Union Public Service Commission, Election Commissioners, and the Chairman and members of the Finance Commission, among others. This advisory influence underscores the Prime Minister's central position in shaping key institutions of governance.
The Prime Minister's Powers in Relation to Parliament
The Prime Minister serves as the leader of the Lok Sabha, the Lower House of Parliament, granting him a central role in steering its operations. In this capacity, he wields key constitutional powers that shape the parliamentary calendar and agenda.
He advises the President on summoning and proroguing sessions of Parliament, allowing the government to time legislative business effectively. The Prime Minister also holds the authority to recommend the dissolution of the Lok Sabha to the President at any point, paving the way for fresh elections if needed. Finally, he announces major government policies directly on the floor of the House, framing the debates that follow and underscoring the executive's dominance in legislative proceedings.
Prime Ministers Additional Responsibilities
Beyond the three primary roles discussed earlier, the Prime Minister of India shoulders a host of additional responsibilities that underscore his central position in the nation's governance. He chairs key institutions such as the NITI Aayog—which replaced the erstwhile Planning Commission—the National Integration Council, the Inter-State Council, the National Water Resources Council, and several other pivotal bodies. These positions enable him to steer national development, foster interstate harmony, and address critical resource challenges.
In the realm of external affairs, the Prime Minister plays a decisive role in crafting India's foreign policy, serving as the chief spokesperson for the Union government. He also acts as the nation's foremost crisis manager at the political level, guiding the country through emergencies with strategic oversight.
As the leader of the nation, he engages directly with diverse groups across states, receiving memoranda on local issues and representing their concerns at the highest level. Within the political sphere, he heads the ruling party and stands as the political chief of the civil services, ensuring alignment between party ideology, administrative machinery, and national priorities.
Through these multifaceted functions, the Prime Minister emerges as the linchpin of India's politico-administrative framework. As Dr. B.R. Ambedkar insightfully observed, "If any functionary under our Constitution is to be compared with the US President, he is the Prime Minister and not the President of the Union."
Parliamentary Governance: UK–India Parallels
The observations of distinguished political scientists and constitutional experts on the British Prime Minister's role resonate strongly in the Indian context as well. These insights, outlined below, underscore the parallels in parliamentary governance.
Prime Minister: Primus Inter Pares
Lord Morley, the distinguished British statesman and author, provided a timeless characterization of the Prime Minister's role in the cabinet system. He famously described the Prime Minister as primus inter pares—Latin for "first among equals"—and as the keystone of the cabinet arch, underscoring its indispensable structural role. Elaborating on this primacy, Morley observed: "The head of the cabinet is primus inter pares, and occupies a position which, so long as it lasts, is one of exceptional and peculiar authority." This depiction highlights the subtle yet commanding influence wielded by the Prime Minister amid a collective of peers.
Morrison on Prime Ministerial Power
Herbert Morrison, a distinguished British statesman, encapsulated the evolving stature of the Prime Minister with characteristic insight. He described the office as that of the head of government who remains primus inter pares—first among equals—in the cabinet. Yet, Morrison cautioned, this traditional view now offers far too modest an appreciation of the Prime Minister's commanding position and influence in modern parliamentary systems.
Prime Minister: Moon Among Stars
Sir William Vernon Harcourt, a prominent British statesman and Liberal politician of the late 19th century, offered a vivid metaphor for the Prime Minister's exalted role within the Cabinet. He described the Prime Minister as inter stellas luna minores—a moon among lesser stars—highlighting how the leader stands out as the dominant force amid a constellation of capable but subordinate ministers. This imagery underscores the principle of primus inter pares (first among equals), central to parliamentary systems like India's, where the Prime Minister wields unparalleled influence while formally sharing collective responsibility.
Ivor Jennings on Prime Ministerial Dominance
Renowned British constitutional scholar Sir Ivor Jennings captured the unparalleled dominance of the Prime Minister in India's parliamentary framework with striking metaphors. He likened the office to "a sun around which planets revolve," the indispensable "key-stone of the constitution," where "all roads in the constitution lead." This imagery underscores how the Prime Minister, as head of the Council of Ministers, commands the real executive authority, steering the government through the Lok Sabha and shaping the nation's political destiny.
Laski on Prime Ministerial Authority
Political theorist H.J. Laski offered a vivid portrayal of the Prime Minister's commanding influence over the cabinet. He emphasized that the Prime Minister stands "central to its formation, central to its life, and central to its death," while likening him to "the pivot around which the entire governmental machinery revolves." This perspective underscores the Prime Minister's unparalleled authority in shaping, sustaining, and dissolving the collective executive body.
Prime Minister as Master of Government
In the Westminster model of parliamentary democracy—which forms the bedrock of India's constitutional framework—constitutional expert H.R.G. Greaves offered a pithy yet profound insight into executive dominance: “The Government is the master of the country and he (Prime Minister) is the master of the Government.” This observation underscores the Prime Minister's pivotal role as the linchpin of the Council of Ministers, wielding decisive influence over policy, appointments, and legislative priorities, much like in the British system that inspired India's framers.
Munros Ship of State Metaphor
Thomas Munro, the influential British administrator and Governor of Madras Presidency (1820–1827), vividly likened the Prime Minister to “the captain of the ship of the state.” This metaphor underscored his view of executive leadership as the decisive force steering the nation's course amid turbulent challenges.
Prime Ministerial Government in Britain and India
Ramsay Muir vividly likened the Prime Minister to "the steersman who grips the steering wheel of the ship of state," capturing the pivotal role this officeholder plays in guiding the nation's course.
In the British parliamentary system, the Prime Minister's influence has grown so dominant that scholars often describe it as a "Prime Ministerial government" rather than traditional cabinet government. R.H. Crossman observed that "the post-war epoch has marked the final transformation of cabinet government into Prime Ministerial government." Similarly, Humphrey Berkeley critiqued the system sharply: "Parliament is not, in practice, sovereign. Parliamentary democracy has now collapsed at Westminster. The basic defect in the British system of governing is the super-ministerial powers of the Prime Minister." This characterization resonates strongly in India as well, where the Prime Minister wields comparable authority within our parliamentary framework.
President and Prime Minister Relationship
The Indian Constitution delineates the nuanced relationship between the President and the Prime Minister through several key provisions, which are outlined as follows:
Council of Ministers and Presidential Advice
Article 74 establishes the foundational principle of executive governance in India by mandating a Council of Ministers, headed by the Prime Minister, to aid and advise the President. In performing his constitutional functions, the President must act strictly in accordance with this advice, ensuring that real executive power resides with the elected government rather than the ceremonial head of state.
This provision includes a vital safeguard: the President may, at his discretion, require the Council to reconsider any advice tendered. Following such reconsideration, the President is bound to accept and act upon the revised recommendation, striking a balance between collective ministerial responsibility and a limited scope for presidential deliberation.
Article 75: Appointment and Accountability of Ministers
Article 75 lays down the essential framework for the appointment, tenure, and accountability of the Union Council of Ministers, embodying the parliamentary system's core dynamics in India.
The President appoints the Prime Minister, who then advises the President on the selection of other ministers—all formally appointed by the President on that advice. This ensures the Prime Minister's pivotal role in shaping the executive team. Ministers serve at the President's pleasure, meaning their tenure can end at the President's discretion, though in practice, this aligns with the Prime Minister's leadership and the government's stability. Ultimately, the Council of Ministers remains collectively responsible to the Lok Sabha (House of the People), underscoring the principle of legislative oversight where the government's survival hinges on maintaining the confidence of this lower house.
Article 78: Duties of the Prime Minister
Article 78 of the Indian Constitution defines the Prime Minister's essential responsibilities toward the President, fostering transparency, accountability, and smooth coordination in the Union's governance. These duties underscore the Prime Minister's pivotal role as the bridge between the executive Council of Ministers and the ceremonial head of state.
Primarily, the Prime Minister must communicate to the President all decisions taken by the Council of Ministers concerning Union administration, as well as any proposals for legislation. This ensures the President remains fully informed about key executive actions and legislative intents.
Additionally, the Prime Minister is obligated to provide the President with any information requested on matters of Union administration or pending legislation. This provision empowers the President to seek clarifications or details, reinforcing oversight without interfering in day-to-day operations.
Finally, if the President deems it necessary, the Prime Minister must refer back to the Council of Ministers any decision made unilaterally by an individual minister that has not yet been collectively considered. This clause prevents isolated ministerial actions from bypassing collective cabinet responsibility, upholding the principle of collegiality in decision-making.
Chief Ministers Turned Prime Ministers
In the annals of Indian politics, six distinguished leaders have made the remarkable transition from Chief Minister to Prime Minister: Morarji Desai, Charan Singh, V. P. Singh, P. V. Narasimha Rao, H. D. Deve Gowda, and Narendra Modi. This rare trajectory underscores the fluidity of leadership in India's federal structure, where state-level experience has occasionally propelled figures to the national helm.
The pioneering non-Congress Prime Minister, Morarji Desai, served as Chief Minister of the erstwhile Bombay State (now Maharashtra) from 1952 to 1956 before assuming office in March 1977, leading the Janata Party government. His successor, Charan Singh, had earlier helmed the undivided Uttar Pradesh as Chief Minister in 1967–1968 and briefly in 1970; he became Prime Minister in 1979 for a short stint. From the same state, V. P. Singh followed a similar path, steering the fragile National Front coalition from December 1989 to November 1990.
Breaking new ground as the first Prime Minister from South India, P. V. Narasimha Rao had been Chief Minister of Andhra Pradesh from 1971 to 1973 before guiding the Congress-led government through transformative economic reforms from 1991 to 1996. H. D. Deve Gowda, then Chief Minister of Karnataka, was unexpectedly chosen in June 1996 to lead the United Front coalition. Most recently, Narendra Modi of the BJP, who governed Gujarat as Chief Minister for four consecutive terms from 2001 to 2014, ascended to Prime Ministership in May 2014, marking a new era of strong state-to-center leadership.