PRIME MINISTER - POLITY

News: Don't insult constitutional functionaries like PM: Court

 

What's in the news?

       Karnataka High Court has noted that it was undesirable for constitutional officials such as the Prime Minister to be insulted during quashing sedition charges.

 

Prime Minister:

       Head of the government in the parliamentary system of governance.

 

Constitutional Provisions:

Appointment:

       Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the President.

       As a convention, the leader of the largest party in the parliament becomes the prime minister.

 

Council of Ministers:

       Article 74 (1) states that there shall be a Council of Ministers with a Prime Minister at the head to aid and advise the President.

 

Responsible to the Lok Sabha:

       The Prime Minister can be removed from office by a vote of no confidence passed by a majority of the members of the Lok Sabha, or if he resigns from office. (Article 75(2)).

 

Pleasure of the President:

       Prime Minister and other ministers hold office during the pleasure of the President but must have the support of a majority of the Lok Sabha.

       It used to remove the other ministers on the advice of the Prime minister. (Article 75(3)).

 

Qualification:

       Must be a citizen of India and a member of either the Lok Sabha or the Rajya Sabha.

       A person who is not a member of Parliament can sometimes be appointed as a Minister. However, within six months of being appointed as Minister, such a person must be elected to one of the Houses of Parliament.

 

Power and Function of Prime Minister:

Executive:

       The Prime Minister is the head of the Union Council of Ministers and is responsible for the administration of the government.

       He presides over cabinet meetings and coordinates the activities of the various ministries and departments.

 

With respect to Legislature:

       The Prime Minister is a member of the Lok Sabha or the Rajya Sabha and can participate in the proceedings of either house.

       He advises the President on the summoning and prorogation of the parliament sessions and dissolution of Lok Sabha.

 

Diplomatic powers:

       The Prime Minister represents India in the international arena and conducts negotiations with foreign countries.

       He also receives foreign diplomats and dignitaries on behalf of the President.

 

Financial powers:

       The Prime Minister is responsible for the overall economic and financial management of the country.

       His/her government presents the annual budget to the parliament and ensures it is passed.

 

Appointment powers:

       The Prime Minister (and the Council of Ministers) advises the President with respect to the appointments to the higher judiciary and key administrative posts such as the Governors.