Prime Minister (Art 74-78)
Prime Minister | · De facto Executive.
· President – De Jure Executive |
Art 75 | · There shall be Prime Minister appointed by the president
· POI appoint Prime Minister using conventions according to the parliament system · In 1980, the Delhi High Court→ Constitution does not require that a person must prove his majority in the Lok Sabha before he is appointed. · In 1997, Supreme Court said that a person who is not a member of any House of Parliament can be appointed as Prime Minister for 6 months, he had to take permission from President. · PM – member of any house – must become within 6 months if not already – can prove majority on floor test. |
Hold Office | · During pleasure of President i.e. as long as majority, he will not be dismissed.
· Cannot be dismissed by the President – can only be dismissed if he loses majority. |
Powers And Functions of The Prime Minister | In Relation to Council of Ministers
· Recommends the name for Ministers – only recommended can be appointed by POI · Give transfer various portfolio asked them to resign or advice POI to dismiss. · Preside over meeting & influence decision. · Guide & control activity of minister · Bring a collapse by resigning from office
In Relation to the President · PM as Principal channel of communication · Advice POI for appointment of CAG, AG, Chairman & member of UPSC, Election Commissioner, Chairman & Member of finance commission.
In Relation to Parliament · He advises the President for summoning and proroguing Parliaments. · Recommend dissolution of the Lok Sabha to President at any time. · Announces government policies on the floor of the House but not in case he lack majority manager in Chief, it pol. Level during emergency.
Other Powers · Chairman NITI Aayog, NDC, NIC, ISC, NWRC · Imp role in shaping foreign policy of the Country. · Chief spoken person in govt. policies. · Crisis manager in chief at the political level during emergencies. · Leader of party in power. · Political head of services
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Article 74 | COM to aid & advise President |
Article 77 | Conduct of business of the GOI |
Article 75 | Other provision as to Minister |
Article 78 | Duties of PM as respect the furnish of information to the President etc. |
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