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.
· 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
|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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