The Prime Minister is appointed by the President of India, and is responsible for leading the country’s administration, formulating and implementing government policies, and representing India on the international stage. The Prime Minister serves as the leader of the Council of Ministers, which is composed of senior members of the government, and is accountable to the Parliament of India. The Prime Minister is the country’s real executive head (de facto executive) and serves as the head of the government.

Appointment of Prime Minister

Constitutional provision

According to Article 75(1), the Prime minister shall be appointed by the President of India. However, the Constitution does not specify any procedure for the appointment of the Prime Minister. 

How is the Prime Minister appointed?

• The Prime Minister is appointed in accordance with the conventions of the parliamentary system of government. 
• People of the entire country vote for their representatives, who are elected as Members of Parliament (MP) in the Lok Sabha. The party or coalition group having a majority of MPs in the Lok Sabha chooses a candidate for the office of PM, such candidate is then appointed as Prime Minister by the President.

What happens when there is no party or coalition with an absolute majority?

• If no party or coalition has an absolute majority in the Lok Sabha, the President can use his/her limited discretion to choose a new PM. 
• In such cases, the president usually appoints the PM from the largest party or coalition in the Lok Sabha and asks the PM to prove the majority on the floor of the Lok Sabha in a specified period. 
• If no party or coalition is able to secure the confidence of the Lok Sabha, it becomes necessary to hold new general elections. 

Does a candidate need to be an MP for appointment as the PM?

• The Prime Minister, at the time of his/her appointment, need not necessarily be a member of the parliament. 
• But a person must become a member of one of the two houses of Parliament within six months of being appointed as Prime Minister. 
• For instance, H. D. Deve Gowda was not a member of either house of the parliament at the time of his appointment as the PM in 1996.

The Prime Minister can be a member of either house of Parliament. For instance, former PM Manmohan Singh was a Rajya Sabha member at the time of his appointment as the PM.

Oath or Affirmation by the Prime Minister

The President administers the oath of office and secrecy to the Prime Minister. The Prime Minister can only begin their official duties after taking this oath.

The term of the Prime Minister

The Constitution does not specify a term length for the Prime Minister’s position.

• The Prime Minister remains in office as long as they have the confidence of the Lok Sabha.
• The PM must resign or can be removed from office by the president, if the PM has lost majority support in the Lok Sabha.

Vacancy of the Prime Minister

A vacancy in the Prime Minister’s office may occur for the following reasons:

• Completion of tenure: Tenure of the office of PM is linked to the life of the Lok Sabha which, in normal circumstances, is five years. General elections to the Lok Sabha have to be conducted by the Election Commission of India before the completion of the five year period. 
• Death or resignation: If the Prime Minister in office dies suddenly or resigns, this leads to the automatic dissolution of the Council of Ministers.
• Removal due to loss of confidence: If a no-confidence motion is passed in the Lok Sabha, the government collapses, and the Prime Minister, along with the entire council of ministers, must resign.
• Election is declared void: Prime Minister has to resign if his/her election is declared void. Though, in this case he/she can continue to hold the office for 6 months within which he/she has to get elected as a member of parliament. 

Powers and duties of Prime Minister

In Relation to the Council of Ministers

The Prime Minister enjoys the following powers and responsibilities in relation to the council of ministers: 

• Appointment of ministers: The PM makes the decision with regards to the persons who can be appointed as ministers and recommends their names to the President. Only those individuals who are suggested by the PM can be appointed as ministers by the President.
• Allocation of portfolio to the ministers: The PM allocates various portfolios and ministries to the people appointed as ministers. Usually, people with high political stature in the ruling party are allocated important portfolios like Finance, Defence, Home affairs, etc.
• Removal of ministers: In case of a disagreement or difference of opinion, the PM may ask a minister to resign or advise the President to remove such minister.
• Leader of Council of ministers: The PM is responsible for the decision-making of the council of ministers. In case the PM resigns, the entire council of ministers is also dissolved and becomes non-functional.
• Command and coordination: The PM is responsible for command, coordination and guidance to the council of ministers. 

In Relation to the President

Article 78 mentions the duties of the PM in relation to furnishing information to the President. The Prime Minister has the following duties:

• Principal channel of communication: When it comes to communication, the PM is a vital link between the President and council of ministers. It is the prime minister’s responsibility to do the following:
  • Inform about decisions: To transmit all administrative decisions and legislative initiatives of the union government to the President.
  • Providing requested information: Providing such information as requested by the President regarding the Union’s administration and legislative proposals.
  • Issues not discussed by CoM: Any issue decided upon by a minister but has not yet been discussed by the council of ministers (CoM) must be placed before CoM if the President asks for it.

Recommendations for appointments: The PM advises the President on key appointments to constitutional offices such as the Attorney General, Comptroller and Auditor General of India, UPSC’s chairman and members etc.

In Relation to the Parliament

The Prime Minister is the leader of the house of Parliament to which he/she belongs and performs the following functions in relation to the Parliament:

• Recommendations related to Parliamentary sessions: The PM recommends the date of summoning and proroguing of parliamentary sessions to the President of India.
• Dissolution of Lok Sabha: The PM can recommend the dissolution of Lok Sabha to the President at any time.
• Announces Government policy: The PM announces the government policy on the floor of the house. 

Other Powers and Functions

• Chairs important organisations: The PM is Chairman of NITI Aayog, National Integration Council, Inter-State Council, National Water Resources Council, and several other organisations.
• Influences foreign policy: The PM has a significant influence on the country’s foreign policy. For example – Non-Alignment Movement was led by our first PM J. L. Nehru, The Gujral Doctrine of former PM I. K. Gujral, etc.
• Chief spokesperson: The Prime Minister serves as the chief spokesperson for the Union government. The PM announces major policy decisions of the government and clarifies the position of the government on important national and international issues. 
• Manager-in-chief during crisis: During times of crisis, the Prime Minister serves as the  crisis manager-in-chief at the political level. For example during the recent covid wave major decisions and strategies were developed under the overall leadership of the PM Narendra Modi. 
• Listens to people’s concerns: Among the many responsibilities as head of government, the PM travels across the country to meet with individuals from all occupations and learn about their concerns, challenges, and ideas.
• Leader of ruling party: The Prime Minister is the leader of the ruling political party at the national level. 

In conclusion, the Prime Minister holds a crucial position in India’s political and administrative framework. Dr. B.R. Ambedkar aptly noted that “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.”