The Prime Minister of India is appointed by the President as per Article 75 of the Constitution. Although the Constitution does not specify a detailed procedure for the appointment, it is expected that the President appoints the leader of the majority party in the Lok Sabha as Prime Minister. If no party has a clear majority, the President may use their discretion to appoint the leader of the largest party or coalition in the Lok Sabha as Prime Minister, who then must seek a vote of confidence in the Lok Sabha within a month.
Appointment of the Prime Minister:
- Discretion of the President: The President appoints the Prime Minister using their discretion, particularly in cases where no party has a clear majority in the Lok Sabha.
- First Instance: This discretion was first exercised by President Neelam Sanjiva Reddy in 1979 when he appointed Charan Singh as Prime Minister after the fall of the Janata Party government led by Morarji Desai.
Court Decisions:
- Delhi High Court Ruling: In 1980, the Delhi High Court ruled that the Constitution does not require a person to prove their majority in the Lok Sabha before being appointed Prime Minister. Instead, the President may appoint the Prime Minister and ask them to prove their majority within a reasonable time.
- Supreme Court Ruling: In 1997, the Supreme Court held that a person who is not a member of either House of Parliament can be appointed Prime Minister, but they must become a member of one of the Houses within six months of the appointment. Otherwise, they cease to be the Prime Minister.
Membership of Parliament:
- The Prime Minister may be a member of either the Lok Sabha or the Rajya Sabha.
- Examples of Prime Ministers from the Rajya Sabha include Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004).
Oath of Office:
Before assuming office, the Prime Minister takes an oath of office and secrecy, administered by the President. In this oath, the Prime Minister pledges to:
- Bear true faith and allegiance to the Constitution of India.
- Uphold the sovereignty and integrity of India.
- Faithfully and conscientiously discharge the duties of the office.
- Act impartially and fairly, without fear, favor, affection, or ill will.
Circumstances for Dismissal:
- Loss of Confidence: If the Prime Minister loses the confidence of the Lok Sabha, such as through a defeat in a no-confidence motion or a split in their party or coalition, they must resign. If they refuse to resign, the President can dismiss them.
- Coalition Government: In cases where the Prime Minister leads a coalition government, changes in coalition alliances can lead to instability and loss of majority, thereby impacting the Prime Minister's tenure.
Prime Ministers with Previous Experience as Chief Ministers:
Six individuals who previously served as Chief Ministers of their respective states have become Prime Ministers of India:
- Morarji Desai: Former Chief Minister of Bombay (now Maharashtra), he served as Prime Minister from 1977 to 1979.
- Charan Singh: Former Chief Minister of Uttar Pradesh, he served as Prime Minister for a brief period in 1979.
- V.P. Singh: Former Chief Minister of Uttar Pradesh, he served as Prime Minister from 1989 to 1990.
- P.V. Narasimha Rao: Former Chief Minister of Andhra Pradesh, he served as Prime Minister from 1991 to 1996.
- H.D. Deve Gowda: Former Chief Minister of Karnataka, he served as Prime Minister from 1996 to 1997.
- Narendra Modi: Former Chief Minister of Gujarat, he became Prime Minister in 2014 and was re-elected in 2019.
Prime Minister : Power and Functions
Prime Minister : Relationship with President
Articles : Prime Minister
