The executive powers of the President are exercised by the Council of Ministers headed by Prime Minister and Prime Minister is the real executive authority in India
Appointment of the Prime Minister-
- The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.
- Article 75 says only that the Prime Minister shall be appointed by the president.
- Normally the President has to invite leader of the majority party to form the government.
- In case no single party is in clear majority, the President invites the person who is likely to command support of two or more parties which make up majority in the Lok Sabha.
- Once appointed, the Prime Minister holds office so long as he/she enjoys the support of the majority of members of Lok Sabha.
Can member of Rajyasabha becomes Prime Minister ?
Yes member of Rajyasabha becomes Prime Minister and it happened in following cases like-
- Mrs. Indira Gandhi was first appointed, Prime Minster in 1966 from Rajyasabha.
- K. Gujral became Prime Minister in 1997.
- In 1996 H.D. Deve Gowda was not a member of any House and He later entered the Rajya Sabha.
- Rajya Sabha member Dr. Manmohan Singh became the Prime Minister in 2004.
Powers and Functions of the Prime Minister-
- Members of the Council of Ministers are appointed by the President on the advice of the Prime Minister.
- The Prime Minister decides portfolios of the Ministers, and can alter these at his will.
- The Prime Minister presides over the meetings of the Cabinet and conducts its proceedings.
- The decisions of the Cabinet are conveyed to the President by the Prime Minister.
- All important appointments are made by the President on the advice of the Prime Minister.
- Prime Minister act as the chairman of NITI ayog ,National Integration Council, Inter-State Council and National Water Resources Council.
- As a leader of the nation, he meets various sections of people in different states and receives memoranda from them regarding their problems, and soon.
There are Some Duties of Prime Minister which are clearly defined in Article 78-
It shall be the duty of the Prime Minister—
(a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for;
(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council