The Prime Minister of India

The Prime Minister vis-a-vis the Council of Ministers

The position of the Prime Minister in the Council of Ministers is described as 'Primus Inter pares' i.e.first among the equals. He is the keystone of the Cabinet arch. If he resigns or passes away,the entire ministry goes automatically. The so called life and death of the ruling party is the Prime Minister.

Appointment of Prime Minister

Prime Minister is the head of the Council of Ministers. In normal circumstances, in the appointment of Prime Minister, the President can hardly exercise his discretion because the leader of the majority party of the Lower House is appointed as Prime Minister, that is, whoever enjoys the confidence of the LowerHouse (Lok Sabha) But if no party is in a position to gain the required majority and if a coalition Govt. is to be formed, the President can exercise his discretion in choosing the Prime Minister.

The criteria: The President can choose the leader of any party,who in his opinion, can form a stable ministry. In inviting a leader, the President can follow the following convention one after the other:

1. The President should invite the Leader of the Opposition, if theGovt. is defeated in the House after on a no-confidence motion.

2. He should call the leader of a coalition formed before the election.

3. He should call the leader of the single largest party.

4. He should invite the leader of a coalition formed after the election.

Rights and privileges of the Prime Minister:

1. He enjoys the prerogative to select the ministers, distribute portfolios to them and even have power to get them dismissed by the President.

2. He summons, decides the agenda and presides over the Cabinet meetings. Even the venue of such meeting is decided by the Prime Minister.

3. He has the right to call for any file from any ministry. This rightis basically in pursuance of his role as a coordinator of various ministers.

4. He forms the link between the Cabinet and the President.Though a Minister can have access to the President, any important commrnication is to be routed through the Prime Minister, stipulated under Art. 78.

5. He has the right to intervene in any debate in the Parliament.

6. It is the Prime Minister's prerogative to announce major policy decisions inside or outside the Parliament.

7. The Prime Minister is generally the leader of the party having or commanding a majority in the Lok Sabha, but there have been instances when the Prime Minister has been from the Rajya Sabha.

Relationship between the President and the Prime Minister:

In a Parliamentary system of Govt. the relationship between the  President (Head of the State) and the Prime Minister (Head of the Govt.) assumes significance for the smooth functioning of the State. This relationship is regulated by specific provisions of the Constitution of India and also by well established conventions under the English Constitution. Despite this at times controversy arises with regard to the relationship between these two most important functionaries of the State.Article 53 together with Article 74 makes it clear that even though the Constitution vests the executive power in the President it is to be exercised strictly on the advice tendered by the Council of Ministers headed by the Prime Minister. Therefore, it is the Prime Minister who enjoys real power. The President ha. to function asa ceremonial head. He can neither ignore nor can act against theadvice tendered by the Council of Ministers.

However, if he acts against or ignores such advice, it wouldamount to violation of the Constitution and may in curimpeachment. But under Article 78 the Prime Minister is under a Constitutional obligation

1. 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

2. to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

3. if the President requires, to submit for the consideration of the Council of Ministers any matter on which decision has been taken by a Minister but which has not been considered by the Council of

Ministers. The President, therefore, enjoys the right to information on the affairs of the State.