According to the constitution's scheme of parliamentary government, the President is the nominal executive authority (de jure executive) or the head of the state, while the Prime Minister is the actual executive authority (de facto executive) or the head of the government.
Appointment Procedure
According to Article 75 of the Indian Constitution; the prime minister can only be appointed by the President.
The Constitution makes no reference to the procedure for selecting and appointing the Prime Minister. According to parliamentary conventions, the President must appoint the leader of the majority party in the Lok Sabha as Prime Minister.
No-Clear Majority: If no party commands a clear majority in the Lok Sabha, the President may exercise his personal judgement in selecting and appointing the Prime Minister.
In such a case, the President typically appoints the Prime Minister from the leader of the largest party or coalition in the Lok Sabha and instructs him to seek a vote of confidence in the House within a month.
The President exercised this discretion in 1979, when Neelam Sanjiva Reddy (then President) appointed Charan Singh (the coalition leader) as Prime Minister following the fall of Morarji Desai's Janata Party government.
Vacancy Due to Demise: President has the authority to use his discretion in case of any sudden demise of any acting Prime Minister and there is no obvious successor.
This is precisely what occurred in 1984 when Indira Gandhi was assassinated. By ignoring the precedent of appointing a caretaker Prime Minister, then-President Zail Singh appointed Rajiv Gandhi as Prime Minister. Later on, he was unanimously elected leader of the Congress.
However, if the ruling party elects a new leader following the death of an incumbent Prime Minister, the President is compelled to appoint him as Prime Minister.
The Delhi High Court ruled in 1980 that the Constitution does not require a person to demonstrate his majority in the Lok Sabha prior to being appointed Prime Minister. The President may appoint him Prime Minister first and then request that he demonstrate his majority in the Lok Sabha within a reasonable time frame.
The Supreme Court ruled in 1997 that a person who is not a member of either House of the Parliament may be appointed as a Prime Minister for a period of six months during which he must become a member of either House of Parliament; otherwise, he forfeits his position as Prime Minister.
Prime Ministers From Rajya Sabha: Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004).
In the United Kingdom, on the other hand, the Prime Minister should unquestionably be a member of the Lower House (House of Commons).
Oath, Term And Salary
Oath: The president administers the oaths of office and secrecy to the Prime Minister before he enters his office. The Prime Minister swears in his oath of office:
to have complete faith in and allegiance to the Indian Constitution.
to uphold India's sovereignty and integrity
to carry out his duties faithfully and diligently, and
to act justly toward all people in accordance with the Constitution and the law, without fear or favour, affection or malice.
The Prime Minister swears in his oath of secrecy that he will not communicate or reveal to any person(s) any matter that is brought to his attention or becomes known to him in his capacity as a Union Minister, except as may be required for the proper discharge of his duties as such minister.
Term: There is no fixed term for the Prime Minister. However, the President has the authority to dismiss the Prime Minister at any time.
As long as the Prime Minister retains a majority in the Lok Sabha, the President cannot dismiss him. However, if he loses the Lok Sabha's confidence, he must resign or face dismissal by the President.
Allowances: Parliament sets the Prime Minister's salary and allowances from time to time.
He is entitled to the same salary and benefits as a member of Parliament. Additionally, he receives a sumptuary allowance, free housing, travel allowance, and medical care.
Parliament increased his sumptuary allowance from 1,500 to 3,000 rupees per month in 2001.
What are the powers and functions of the ‘Prime Minister’?
The Powers and Functions of the Prime Minister can be determined under the following:
Council of Ministers
The Prime Minister has the following powers as the head of the Union council of ministers:
He makes ministerial appointment recommendations to the president. Only on the Prime Minister's recommendation, the President may appoint ministers.
He assigns and reassigns ministers to various portfolios.
In the event of a disagreement, he has the authority to request a minister's resignation or may advise the President to dismiss him.
He is in charge of the council of ministers' meetings and has a say in their decisions.
All ministers' activities are directed, coordinated, and overseen by him.
He can end the council of ministers by resigning from his position.
When an incumbent Prime Minister resigns or dies, the ministerial council is automatically dissolved, creating a vacancy. On the other hand, a minister's resignation or death simply creates a vacancy that the Prime Minister may or may not wish to fill.
The President
The Prime Minister serves as the primary link between the President and the council of ministers. The prime minister's responsibility is as follows:
to communicate to the President all council of ministers decisions and legislative proposals relating to the administration of the Union's affairs.
to provide the President with any information or proposals for legislation relating to the administration of the Union's affairs; and
If the President so directs, to refer any matter to the council of ministers for consideration that has been decided by a minister but has not been considered by the council.
He advises the president on important appointments such as the attorney general of India, the Comptroller and Auditor General of India, the chairman and members of the UPSC, election commissioners, and the chairman and members of the finance commission, among others.
Parliament
The Prime Minister is the leader of the Lower House of the parliament. In this capacity, he has the following abilities:
He advises the president on the summoning and proroguing of Parliamentary sessions, he advises the President.
He also has the power to recommend the dissolution of the Lok Sabha to the President at any time.
He announces the government policies
On the House floor, he announces government policies.
Important Articles
The relationship between the President and Prime Minister is governed by the following provisions of the Constitution:
Article 74: There shall be a council of ministers, chaired by the Prime Minister, to assist and advise the President.
Article 75: The President appoints the Prime Minister and, on the Prime Minister's advice, the President appoints the other ministers
The ministers serve for the duration of the president's term of office.
The council of ministers is collectively accountable to the House of People.
Article 78: The Prime Minister's responsibility shall be as follows:
to communicate to the President all council of ministers decisions and legislative proposals relating to the administration of the Union's affairs;
to provide such information about the administration of the Union's affairs and legislative proposals as the President may request; and
If the President so instructs, to refer any matter to the council of ministers for consideration that has been decided by a minister but has not been considered by the council.