THE ROLE OF THE PRIME MINISTER IN THE INDIAN CONSTITUTION

This article is written by Vandna Singh of 3^rd Semester of  Kazi Nazrul University, an intern under Legal Vidhiya

ABSTRACT

The Prime Minister of India holds a crucial position in the nation’s governance, serving as the chief executive and leader of the ruling party. They bear the responsibility of formulating and directing government policy, ensuring its implementation, and maintaining the confidence of the majority in the Lok Sabha, as stipulated by the Constitution. As the head of the Council of Ministers, the Prime Minister plays a vital role in shaping India’s foreign policy and representing the country on the global stage. Although they possess considerable influence over both the executive and legislative branches, their authority is balanced by constitutional provisions, parliamentary scrutiny, and the cabinet’s collective responsibility. The development of this role has sparked debates regarding the balance of power in the Indian political system, particularly with regard to potential overreach and the importance of checks and balances. This essay delves into the critical role of the Prime Minister in the Indian Constitution, examining both constitutional provisions and practical functions.

KEYWORDS

Collective responsibility, policy formulation, political stability, constitutional powers, checks and balances, judiciary, public accountability, coalition politics, authoritarian tendencies and dissent suppression.

INTRODUCTION

The Prime Minister of India holds a pivotal and essential role in the country’s parliamentary democracy, functioning as both the head of government and the leader of the Council of Ministers. In contrast to the President, who is the ceremonial head of state, the Prime Minister exercises actual executive authority, directing and shaping the governance of the nation.[1] The Indian Constitution, particularly Articles 74 and 75, entrusts the Prime Minister with key responsibilities, such as advising the President and ensuring the collective responsibility of the Council of Ministers to the Lok Sabha.[2][3]

As the head of the majority party in the lower house of Parliament, the Prime Minister plays a key role in sustaining political stability and driving the legislative agenda. Not only does the Prime Minister act as the primary decision-maker within the government, but they also wield considerable influence in areas such as foreign policy, defense, and economic affairs. Their power to assign ministerial portfolios and lead cabinet meetings further highlights their authority in managing the work of different ministries.

Additionally, the Prime Minister serves as a crucial link between the President and Parliament, ensuring that executive actions reflect the democratic mandate of the Lok Sabha. Over time, the Prime Minister’s powers have grown, influenced by the evolution of party politics, the complexities of coalition governments, and shifting political landscapes.

Although the office is central to the functioning of Indian democracy, it is subject to parliamentary scrutiny and a system of checks and balances to avoid an over-concentration of power. Over the years, various Prime Ministers have interpreted their roles in unique ways, significantly impacting India’s political and economic trajectory. Thus, the Prime Minister’s position is not merely a constitutional requirement but a dynamic force shaping the governance and future of the country.

The role of the Prime Minister is, therefore, multifaceted and ever-evolving, balancing the responsibilities of leadership with the need for accountability in one of the world’s largest democracies. In this capacity, the Prime Minister not only directs the governance of the nation but also shapes India’s global standing, making the office a cornerstone of both domestic and international policy-making.

DECODING THE ROLE OF A PRIME MINISTER [4]

The Prime Minister’s powers are vast and cover a broad spectrum of responsibilities essential to the functioning of the Indian government. These powers allow the Prime Minister to guide the administration, legislate efficiently, engage in diplomacy, respond to crises, influence significant appointments, and oversee the nation’s finances. The Prime Minister’s authority can be broadly categorized into several key areas:

1. Executive Powers: The Prime Minister serves as the head of the Union Council of Ministers, taking on the primary responsibility for government administration. This role involves presiding over cabinet meetings, where important policy decisions are made, and coordinating the activities of various ministries and departments to ensure effective governance. Additionally, the Prime Minister oversees the implementation of government initiatives and manages public administration, ensuring that each ministry functions in line with the government’s overall objectives.
2. Legislative Powers: As a member of either the Lok Sabha or the Rajya Sabha, the Prime Minister holds substantial legislative authority. They actively participate in parliamentary proceedings, contributing to discussions and debates that shape national policy. Furthermore, the Prime Minister advises the President on key parliamentary functions, including summoning and proroguing sessions, as well as dissolving the Lok Sabha. This authority enables the Prime Minister to influence the legislative agenda and ensure that critical bills receive the necessary attention for passage.
3. Diplomatic Powers: In the realm of international relations, the Prime Minister acts as India’s representative on the global stage. They engage in diplomatic negotiations with foreign governments, fostering relationships that influence India’s foreign policy and its standing in the international community. The Prime Minister also hosts foreign diplomats and dignitaries, representing the President in these interactions. This role is essential for shaping India’s bilateral and multilateral engagements, addressing global challenges, and promoting national interests abroad.
4. Emergency Powers: During a national emergency, the Prime Minister is granted substantial emergency powers, advising the President on actions necessary to safeguard the nation’s security and integrity. These powers enable the Prime Minister to implement swift measures to address various threats, whether stemming from internal unrest or external conflicts. The ability to act decisively in emergencies underscores the Prime Minister’s vital role in maintaining stability and order within the country.
5. Appointment Powers: In conjunction with the Council of Ministers, the Prime Minister plays a vital role in advising the President on important appointments to the higher judiciary and other significant administrative positions. This includes recommending candidates for roles such as governors of states, chief election commissioners, comptrollers and auditor generals of India, and attorney generals. These appointments are essential for the effective functioning of India’s constitutional and legal framework, significantly influencing governance at both state and national levels.
6. Financial Powers: The Prime Minister also plays a key role in managing the country’s economic and financial affairs. This responsibility includes presenting the annual budget to Parliament, which outlines the government’s financial priorities and policy directions. The Prime Minister ensures that the budget undergoes discussion, amendments, and final approval, a crucial process for implementing government programs and services. Their involvement in financial governance is vital for tackling economic challenges and promoting sustainable growth.

POWERS OF A PRIME MINISTER

The Prime Minister of India, as specified in the Constitution, possesses substantial executive, legislative, and diplomatic powers. They lead the Council of Ministers, provide advice to the President on essential government functions, and represent India on the international stage. Below are the constitutional powers related to the Prime Minister’s authority that reflect the roles previously mentioned:

1. Article 74(1) of the Indian Constitution mandates the formation of a Council of Ministers led by the Prime Minister, whose role is to aid and advise the President of India. This provision emphasizes the significance of collective decision-making in governance, as the Council comprises various ministers responsible for different departments. The President is required to act according to the Council’s advice, ensuring that executive powers are exercised based on collective wisdom. [5]
2. Article 75(3) of the Indian Constitution stipulates that the Council of Ministers is collectively responsible to the Lok Sabha, or House of the People. This principle of collective responsibility ensures that the entire Council, headed by the Prime Minister, is accountable to the elected representatives. If the Lok Sabha passes a vote of no confidence against the Council, all members are required to resign.[6]
3. Article 75(1) of the Indian Constitution specifies that the President shall appoint the Prime Minister, while other Ministers are appointed by the President based on the Prime Minister’s advice. This provision emphasizes the hierarchical structure of the executive branch, positioning the Prime Minister as the central figure in the government. The Prime Minister’s role in advising the President on ministerial appointments ensures that the Council of Ministers functions cohesively under their leadership.[7]
4. Article 75(2) of the Indian Constitution states that ministers hold office during the pleasure of the President. This provision grants the President the power to appoint and dismiss ministers, reflecting the constitutional framework of executive authority. Although the President’s power is formal, it is generally exercised based on the advice of the Prime Minister, underscoring the principle of collective responsibility. As a result, ministers remain in office as long as they maintain the confidence of the Prime Minister and the Lok Sabha, ensuring a link between executive authority and parliamentary democracy.[8]

PRIME MINISTER’S ROLE IN THE COUNCIL OF MINISTERS [9]

The Prime Minister’s role in the Council of Ministers is crucial for the effective functioning of the executive branch of the Indian government. As the head of the Council, the Prime Minister not only leads the government but also influences its policy direction and operational strategies. Below are the key aspects of the Prime Minister’s role within the Council of Ministers:

1. Leadership and Coordination: The Prime Minister acts as the chief leader of the Council of Ministers, presiding over cabinet meetings where critical decisions are made. In this role, the Prime Minister coordinates the activities of various ministries, ensuring they work collaboratively towards shared government objectives. This leadership is essential for maintaining a cohesive approach to governance and effective policy implementation.
2. Policy Formulation and Implementation: As the chief architect of government policy, the Prime Minister is instrumental in formulating and implementing national strategies across various sectors, including the economy, health, education, and foreign affairs. The Prime Minister establishes the agenda for the Council of Ministers, proposing key initiatives and guiding the government’s efforts. This strategic vision is crucial for addressing national issues and advancing developmental goals.
3. Advisory Role: The Prime Minister advises the President on various matters, including the appointment of other ministers and key officials. This advisory capacity is essential, as the Prime Minister’s recommendations can greatly influence the composition of the Council and the government’s functioning. Furthermore, the Prime Minister plays a crucial role in guiding ministers on their responsibilities, ensuring their efforts align with the broader objectives of the government.
4. Collective Responsibility: The Prime Minister embodies the principle of collective responsibility within the Council of Ministers. This entails that all ministers must support the decisions made by the Council, and if the Lok Sabha passes a vote of no confidence against the Council, the entire Cabinet, including the Prime Minister, must resign. Consequently, the Prime Minister must maintain the confidence of the majority in the Lok Sabha, reinforcing the government’s accountability to the legislature.
5. Crisis Management: During national or political crises, the Prime Minister is responsible for guiding the Council of Ministers in addressing the situation. This involves coordinating responses, making crucial decisions, and ensuring effective communication both within the government and with the public. The Prime Minister’s capacity to manage crises can significantly influence the government’s stability and the public’s trust.
6. Inter-Ministerial Relations: The Prime Minister also plays a crucial role in managing inter-ministerial relations. By facilitating dialogue and collaboration among different ministries, the Prime Minister can help resolve conflicts, promote synergy, and ensure that policies are effectively implemented across various sectors. This role is vital for fostering a cohesive and efficient government.
7. Representation: The Prime Minister represents the Council of Ministers in Parliament, articulating government policies and defending its decisions before the legislature. This role includes responding to questions, participating in debates, and ensuring the government is accountable to Parliament. The Prime Minister’s presence in Parliament is essential for maintaining transparency and fostering public confidence in the government’s actions.

THE PRIME MINISTER’S ROLE THROUGH THE PRESIDENT [10]

The Prime Minister of India occupies a pivotal role through the President in the governance and functioning of the executive branch. As the head of the Council of Ministers, the Prime Minister acts as the principal advisor to the President on a wide range of governance matters. This includes the formulation and implementation of national policies that address critical issues such as economic development, social welfare, and foreign relations. The Prime Minister plays a significant role in the legislative process by recommending to the President the summoning and prorogation of Parliament sessions, ensuring that legislative activities align with the government’s priorities. Additionally, the PM advises the President on the dissolution of the Lok Sabha, a decision that is crucial for maintaining the parliamentary system.

In the realm of appointments, the Prime Minister suggests candidates for various key positions, including governors of states and constitutional authorities such as the Attorney General and the Comptroller and Auditor General. The President formally appoints these officials based on the Prime Minister’s recommendations, reinforcing the collaborative nature of their roles. The PM is also responsible for ensuring that laws and policies enacted by Parliament are executed effectively, operating under the President’s constitutional authority. This includes the implementation of presidential orders, which often require the PM’s guidance and oversight.

During times of national or constitutional emergencies, the Prime Minister plays a critical role by advising the President on necessary declarations and actions to manage the situation effectively. This advisory role is particularly significant in ensuring stability and continuity in governance during crises. Furthermore, the Prime Minister represents the government in international affairs, engaging with foreign leaders and negotiating treaties or agreements that are subsequently ratified in the name of the President.

While the President performs essential ceremonial duties, the Prime Minister often accompanies them at state functions, symbolizing the unity and collaborative spirit of the executive branch. This relationship is foundational to India’s constitutional framework, as it ensures effective governance while upholding democratic principles. Ultimately, the Prime Minister’s role through the President is integral to maintaining the functioning of the government and addressing the diverse needs of the nation.

The Prime Minister acts as the principal advisor to the President and plays a pivotal role in the functioning of the executive branch of the government. This relationship underscores the constitutional framework where the PM operates through the President to implement government policies and maintain governance.

THE PRIME MINISTER’S DOMINANCE OVER THE PRESIDENTIAL POWERS

The Indian Constitution delineates various powers for the President through several articles, yet the actual power predominantly resides with the Prime Minister. For instance, Article 52 establishes the office of the President, designating it as a critical component of the executive branch.[11] However, the real executive authority is exercised by the Council of Ministers, led by the Prime Minister, who effectively directs the functioning of the government. Article 53 permits the President to exercise executive powers directly or through subordinate officers, but in practice, these powers are executed on the advice of the Prime Minister and the Council of Ministers, which centralizes decision-making authority in the hands of the PM.[12]

Article 61 details the process for impeaching the President, which is a significant constitutional provision.[13] Nevertheless, the initiation and guidance of this process are usually influenced by the Prime Minister and the ruling party, indicating that the PM holds considerable sway even in matters of presidential accountability. Article 74 specifically requires a Council of Ministers to aid and advise the President in the exercise of their functions.[14] This article emphasizes that the President acts according to the advice provided by the Prime Minister and the Council, reinforcing the notion that the real power lies with the Prime Minister.

Furthermore, Article 75 addresses the appointment of the Prime Minister and other ministers by the President, noting that the President appoints the PM based on the majority party or coalition in the Lok Sabha.[15] This underscores the PM’s political power and the democratic principle that the government is formed by the party or coalition that commands the confidence of the majority in the legislature. Similarly, Article 111 allows the President to return a bill for reconsideration, but in practice, the President seldom refuses assent to legislation passed by Parliament, again reflecting the Prime Minister’s influence in shaping the legislative agenda.[16]

Lastly, Article 123 grants the President the authority to promulgate ordinances when Parliament is not in session.[17] However, such decisions to issue ordinances are typically made on the advice of the Prime Minister, highlighting the PM’s role in determining legislative action.

Overall, while the Constitution endows the President with various powers, their actual exercise is predominantly reliant on the advice and decisions of the Prime Minister, rendering the latter the more powerful figure in India’s parliamentary democracy. This structure not only underscores the ceremonial nature of the presidency but also highlights the Prime Minister’s central role in governance and policy-making.

POWER PLAY: EXAMINING PRIME MINISTERIAL EXPLOITATION

The powers of the Prime Minister of India have been a topic of intense debate and scrutiny since the country gained independence. These discussions frequently focus on whether the Prime Minister wields excessive power, potentially undermining the principles of democracy and federalism. Historical examples and the evolving political landscape have influenced these debates, especially during critical periods such as the Emergency from 1975 to 1977.

Critics contend that the Prime Minister’s position facilitates a concentration of power that may lead to authoritarian tendencies. This concern was particularly evident during the Emergency declared by Prime Minister Indira Gandhi in 1975.[18] The suspension of fundamental rights, imposition of censorship, and centralization of authority raised alarms about the potential misuse of power by the executive branch. The Emergency is often regarded as a pivotal moment in Indian political history, illustrating how a Prime Minister could leverage their authority to bypass democratic norms and institutions. During this time, the government’s actions were marked by the repression of dissent, arbitrary arrests, and a lack of accountability. The apprehension that a Prime Minister could exploit their powers to erode democratic institutions has since sparked demands for greater checks and balances within the system.[19]

The powers of the Prime Minister have evolved over time, shaped by political circumstances, party dynamics, and changes in public sentiment. Initially, the framers of the Constitution envisioned a Prime Minister who would operate within the bounds of collective cabinet responsibility. However, over the decades, the role has expanded significantly. The rise of coalition politics in the 1990s introduced a new dimension to the Prime Minister’s powers, requiring leaders of coalition governments to navigate complex political landscapes, often relying on consensus-building and negotiation.[20] This shift demanded a more collaborative approach, where the Prime Minister’s authority was tempered by the necessity of maintaining support from multiple parties. Consequently, the dynamics of power distribution within the government became more nuanced, with the Prime Minister needing to balance their authority with effective coalition management.

Recent years have seen a resurgence of strong leadership, particularly under Prime Minister Narendra Modi. His government has emphasized decisive action, often characterized by a centralization of power, which has led critics to voice concerns about the marginalization of dissent and the weakening of institutional checks. The Modi administration has been accused of utilizing executive power to circumvent parliamentary processes, thereby undermining democratic accountability. Significant legislation, for example, has been passed with limited debate, raising alarms about the erosion of democratic norms; notably, during discussions on new criminal bills, over 141 opposition MPs were suspended.[21] Additionally, the government’s handling of dissent, particularly in relation to protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), has drawn widespread criticism.[22] Many contend that the government’s tactics to suppress opposing voices and curb free speech pose a threat to the foundational principles of democracy.[23]

The ongoing debates surrounding the Prime Minister’s powers underscore the necessity for robust institutional checks and balances. Various mechanisms, including the judiciary, Parliament, and civil society, play crucial roles in ensuring accountability. Additionally, legislative scrutiny through parliamentary committees and debates acts as an essential mechanism for holding the Prime Minister accountable. Engaging the public via media and civil society organizations fosters a culture of transparency and accountability, reinforcing the idea that the Prime Minister’s powers must be exercised with caution and responsibility.

CONCLUSION

The office of the Prime Minister of India embodies a complex interplay of authority and responsibility, fundamental to the nation’s parliamentary democracy. As the head of government and leader of the Council of Ministers, the Prime Minister’s powers are extensive, encompassing executive, legislative, and diplomatic functions that shape both domestic and international policies. However, with such considerable authority comes the pressing obligation to exercise power judiciously and in alignment with democratic values.

Historically, the evolution of the Prime Minister’s role has been marked by significant events, notably the Emergency period, which serves as a cautionary tale of how concentrated power can lead to authoritarianism and the erosion of democratic institutions. The potential for a Prime Minister to exploit their powers remains a critical concern in contemporary politics, especially in light of recent trends toward centralization and the marginalization of dissent. The experiences of past Prime Ministers reveal that while the role is pivotal for effective governance, it must also be anchored by robust checks and balances to safeguard the principles of democracy and accountability.

As India grapples with diverse challenges, including economic disparity, social unrest, and the need for inclusive governance, the responsibilities of the Prime Minister become even more pronounced. The necessity for transparent governance, respect for dissent, and engagement with civil society cannot be overstated. The Prime Minister must navigate the fine line between decisive leadership and the imperatives of democratic accountability, ensuring that their decisions reflect the will of the people and uphold the constitutional mandate.

Furthermore, the importance of parliamentary oversight, judicial review, and active civic engagement cannot be overlooked. These mechanisms not only serve as checks on the Prime Minister’s authority but also foster a culture of accountability, encouraging the government to act in the best interests of the citizenry. The collective responsibility of the Council of Ministers, as enshrined in the Constitution, underscores the need for collaborative governance that respects the diversity of opinions and the pluralistic nature of Indian society.

In conclusion, the Prime Minister of India occupies a crucial position within the democratic framework, one that has the potential to either reinforce democratic ideals or challenge them. The ongoing discourse surrounding the powers of the Prime Minister highlights the need for a balanced approach, where authority is tempered by accountability, ensuring that the governance of the nation remains responsive to the needs and aspirations of its citizens. As India continues to evolve in an increasingly complex global landscape, the role of the Prime Minister must adapt, reflecting the core values of democracy while striving for progress and unity in a diverse nation.

REFERENCES

1. Britannica, https://www.britannica.com/topic/Prime-Minister-of-India (last visited Sep. 25, 2024).
2. Constitution of India 1950, 1950 (India).
3. Britannica, https://www.britannica.com/topic/Prime-Minister-of-India (last visited Sep. 25, 2024).
4. Byju’s, https://byjus.com/free-ias-prep/prime-minister-and-council-of-ministers/ (last visited Sep. 25, 2024).
5. Himanshu, India’s Authoritarian Turn: Understanding the Emergency (1975–1977) and Its Afterlife, Ingenta (Sep. 25, 2024, 10:54 AM), https://www.ingentaconnect.com/content/paaf/paaf/2023/00000096/00000001/art00006;jsessionid=3kpm9bhl9u1eo.x-ic-live-01
6. Bidyut Chakrabarty, Coalition Politics in India: A Cultural Synergy or Political Expediency?, Oxford Academy (Sep. 25, 2024, 11:00 AM), https://academic.oup.com/book/27061/chapter-abstract/196376498?redirectedFrom=fulltext
7. Sarah Shamim, Why were 141 India opposition MPs suspended from parliament?, Al Jazeera (Sep. 25, 2024, 11:23 AM), https://www.aljazeera.com/news/2023/12/19/why-141-india-opposition-mps-suspended-from-parliament
8. Vijaita Singh, 69 killed in 79 days since Parliament passed Citizenship Amendment Act, The Hindu (Sep. 25, 2024, 11:30 AM), https://www.thehindu.com/news/national/citizenship-amendment-act-69-killed-in-79-days-since-parliament-passed-law/article61625335.ece#:~:text=Forensics%20experts%20investigate%20areas%20vandalised,the%20Parliament%20on%20December%2011..
9. The Hindu Bureau, BJP government continues to suppress voice of Opposition parties: Chidambaram, The Hindu (Sep. 25, 2024, 11:33 AM), https://www.thehindu.com/news/national/tamil-nadu/bjp-government-continues-to-suppress-voice-of-opposition-parties-chidambaram/article68456523.ece
10. Unacademy, https://unacademy.com/content/upsc/study-material/polity/president-role-and-responsibilities-and-relationship-with-prime-minister/ (last visited Oct 01, 2024).

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[1] Britannica, https://www.britannica.com/topic/Prime-Minister-of-India (last visited Sep. 25, 2024).

[2] INDIA CONST. art. 74

[3] INDIA CONST. art. 75

[4] Britannica, https://www.britannica.com/topic/Prime-Minister-of-India (last visited Sep. 25, 2024).

[5] INDIA CONST. art. 74 § 1

[6] INDIA CONST. art. 75 § 3

[7] INDIA CONST. art. 75 § 1

[8] INDIA CONST. art. 75 § 2

[9] Byju’s, https://byjus.com/free-ias-prep/prime-minister-and-council-of-ministers/ (last visited Sep. 25, 2024).

[10] Unacademy, https://unacademy.com/content/upsc/study-material/polity/president-role-and-responsibilities-and-relationship-with-prime-minister/ (last visited Oct 01, 2024).

[11] INDIA CONST. art. 52

[12] INDIA CONST. art. 53

[13] INDIA CONST. art. 61

[14] INDIA CONST. art. 74

[15] INDIA CONST. art. 75

[16] INDIA CONST. art. 111

[17] INDIA CONST. art. 123

[18] Himanshu, India’s Authoritarian Turn: Understanding the Emergency (1975–1977) and Its Afterlife, Ingenta (Sep. 25, 2024, 10:54 AM), https://www.ingentaconnect.com/content/paaf/paaf/2023/00000096/00000001/art00006;jsessionid=3kpm9bhl9u1eo.x-ic-live-01

[19] Ibid

[20] Bidyut Chakrabarty, Coalition Politics in India: A Cultural Synergy or Political Expediency?, Oxford Academy (Sep. 25, 2024, 11:00 AM), https://academic.oup.com/book/27061/chapter-abstract/196376498?redirectedFrom=fulltext

[21] Sarah Shamim, Why were 141 India opposition MPs suspended from parliament?, Al Jazeera (Sep. 25, 2024, 11:23 AM), https://www.aljazeera.com/news/2023/12/19/why-141-india-opposition-mps-suspended-from-parliament

[22] Vijaita Singh, 69 killed in 79 days since Parliament passed Citizenship Amendment Act, The Hindu (Sep. 25, 2024, 11:30 AM), https://www.thehindu.com/news/national/citizenship-amendment-act-69-killed-in-79-days-since-parliament-passed-law/article61625335.ece#:~:text=Forensics%20experts%20investigate%20areas%20vandalised,the%20Parliament%20on%20December%2011..

[23] The Hindu Bureau, BJP government continues to suppress voice of Opposition parties: Chidambaram, The Hindu (Sep. 25, 2024, 11:33 AM), https://www.thehindu.com/news/national/tamil-nadu/bjp-government-continues-to-suppress-voice-of-opposition-parties-chidambaram/article68456523.ece

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