Prime Minister & PMO

For Prelims: Indian Constitution, Prime Minister, Parliamentary form of Government, Election
Commission, Comptroller and Auditor-General of India, Union Public Service Commission, Lok
Sabha, High Court

For Mains: The Prime Minister’s Office (PMO) and its Role in Ensuring the Effective Functioning of
the Prime Minister

What are the Key Facts About the Prime Minister?

About:
In the parliamentary system of government outlined by the constitution, the President
serves as the symbolic executive authority (de jure executive), while the Prime
Minister holds the actual executive power (de facto executive).
Appointment:
The Constitution does not specify a procedure for selecting and appointing the Prime
Minister, only stating that the Prime Minister shall be appointed by the President
(Article 75).
The President cannot appoint just anyone as the Prime Minister. According to the
conventions of the parliamentary system, the President must appoint the leader of the
majority party in the Lok Sabha as the Prime Minister.
If no party has a clear majority in the Lok Sabha, the President may use personal
discretion in selecting the Prime Minister, usually appointing the leader of the largest
party or coalition.
In cases where the Prime Minister's position becomes vacant unexpectedly, the President
may need to exercise personal discretion in appointing a new Prime Minister.
However, if the Prime Minister dies and the ruling party elects a new leader, the President
must appoint the new leader as Prime Minister without exercising discretion.
Judgements:
In 1980, the Delhi High Court held that the Constitution does not require that a
person must prove his majority in the Lok Sabha before he is appointed as the Prime
Minister. The President may first appoint him the Prime Minister and then ask him to prove
his majority in the Lok Sabha within a reasonable period.
In 1997, the Supreme Court held that a person who is not a member of either House of
Parliament can be appointed as Prime Minister for six months, within which, he should
become a member of either House of Parliament; otherwise, he ceases to be the Prime
Minister.
Constitutionally, the Prime Minister may be a member of any of the two Houses of
Parliament. In Britain, on the other hand, the Prime Minister should definitely be a member
of the Lower House (House of Commons).
Oath of Office: Before the Prime Minister enters upon his office, the president administers to him
the oaths of office and secrecy. In his oath of office, the Prime Minister swears:
To bear true faith and allegiance to the Constitution of India.
To uphold the sovereignty and integrity of India.
 To faithfully and conscientiously discharge the duties of his office.
To do right to all manner of people in accordance with the Constitution and the
law, without fear or favour, affection or ill will.
Oath of Secrecy: In his oath of secrecy, the Prime Minister swears that he will not directly or
indirectly communicate or reveal to any person(s) any matter that is brought under his
consideration or becomes known to him as a Union Minister except as may be required for the due
discharge of his duties as such minister.
Term:
The Prime Minister holds office during the pleasure of the President, but this does not
mean the President can dismiss the Prime Minister at any time. As long as the Prime
Minister enjoys the majority support in the Lok Sabha, they cannot be dismissed.
If the Prime Minister loses the confidence of the Lok Sabha, they must resign, or the
President has the authority to dismiss them.
Salary:
The salary and allowances of the Prime Minister are determined by the Parliament from
time to time.
He gets the salary and allowances that are payable to a member of Parliament.
Additionally, he gets a sumptuary allowance, free accommodation, a travelling
allowance, medical facilities, etc.
Related Articles:

Subject President-PM Relationship

Matter

74 Aid and Advice President bound by council of Minister's advice,

with reconsideration option; final advice prevails.
75(a) Appointments President appoints PM; ministers appointed by
President on PM's advice.
75(b) Tenure Ministers hold office during President's pleasure
(effectively reflecting PM's support).
75(c) Collective Council of Ministers (COM) accountable to
Responsibility House
78 Information PM informs President of decisions, furnishes
Duties requested information, and submits matters for
Council review as required by the President.

What are the Powers and Functions of the Prime Minister?

As Head of the Union Council of Ministers:
The Prime Minister recommends persons to be appointed as ministers by the President,
who can only appoint those recommended by the Prime Minister. The Prime Minister can
also ask a minister to resign or advise the President to dismiss them in case of a
difference of opinion.
The Prime Minister allocates and reshuffles various portfolios among the ministers as
needed.
The Prime Minister presides over the meetings of the council of ministers, guiding,
directing, controlling, and coordinating the activities of all ministers, and influencing their
decisions.
The resignation or death of the Prime Minister results in the collapse of the entire
council of ministers, as no other ministers can function without the Prime Minister. In
contrast, the resignation or death of any other minister creates only a vacancy, which
the Prime Minister may choose to fill or leave vacant.
Powers in Relation to the President:
He is the principal channel of communication between the President and the Council of
Ministers. It is the duty of the prime minister:
 To communicate to the President all decisions of the council of ministers relating
to the administration of the affairs of the Union and proposals for legislation.
To furnish such information relating to the administration of the affairs of
the Union and proposals for legislation as the President may call for.
If the President so requires, to submit for the consideration of the council of
ministers any matter on which a decision has been taken by a minister but which
has not been considered by the council.
He advises the president about the appointment of important officials like the Attorney
General of India, the Comptroller and Auditor General of India, Election
Commissioners, chairman and members of the Finance Commission, etc.
In Relation to Parliament:
The Prime Minister is the leader of the Lower House.
He advises the President about summoning and proroguing of the sessions of the
Parliament.
He can recommend the dissolution of the Lok Sabha to the President at any time.
He announces government policies on the floor of the House.
Other Powers & Functions:
He is the chairman of the NITI Ayog, National Integration Council, Inter-State
Council, and some other bodies.
He plays a significant role in shaping the foreign policy of the country.
He is the chief spokesman of the Union government.
He is the crisis manager-in-chief at the political level during emergencies.
He is the chief of the executive branch of the Union Government. Thus, the Prime
Minister plays a very significant and highly crucial role in the politico-administrative system
of the country.
He is the authoritative voice of the nation within the country and outside. On the
important and major issues concerning the defence, finance, and foreign affairs, the
pronouncements by the PM are taken as the final word of the government.

What are the Key Facts about the Prime Minister’s Office (PMO)?
About:
Institutional arrangements have evolved over the years in the form of secretarial
agencies or thinking cells to give direct assistance to the Prime Minister in his official
functions.
The main institutions involved in helping the Prime Minister in decision-making in the realm
of politics and administration have, since Independence, been the Cabinet Committees,
the Cabinet Secretariates, and the Prime Minister's office (PMO).
PMO is a staffing agency assisting the Prime Minister in the efficient
discharge of his role, functions, and responsibilities.
Organisation:
The PMO is led politically by the Prime Minister and administratively by the Principal
Secretary.
The work in the PMO is divided among the Secretary, Additional Secretary, Joint
Secretaries, Deputy Secretary, and other staff members, with tasks allocated based on
convenience and staff experience.
The background and experience of these individuals are not formally stated. The
Secretary may or may not come from the civil service, while other personnel are
typically drawn from civil services and serve for varying periods.
Functions:
The Prime Minister's Office performs several functions, including assisting the Prime
Minister in his overall responsibilities, maintaining liaison with central
ministries/departments, and coordinating with state governments.
It helps the Prime Minister with his responsibilities as the chairman of various bodies. The
office also manages public relations, including interactions with the press and the
general public.
The PMO manages all matters that must be handled by the Prime Minister according to
the Rules of Business. It helps review cases brought to him, stays in contact with the
President, Governors, and foreign diplomats, and serves as the Prime Minister's advisory
 group.
However, it does not handle functions related to the Prime Minister's role as head of the
cabinet, except in personal correspondence with ministers or matters related to party
policies or domestic issues.
Evolution:
The journey of the PMO has evolved under different Prime Ministers, ranging from a strong
one-party government to weak coalition governments, with its power and influence
reflecting the position, powers, and perception of the incumbent PM.
The internal system of the PMO is characterized by efficiency and time-bound
delivery of services, forming the basis of its service to the PMs, despite the PMO having
no independent power of its own.
Initially, the PMO started as a simple support system providing secretarial assistance,
handling correspondence, and helping with files. Over time, it has evolved into a
powerful office that plays a multi-tasking role for the PM.
Today, the PMO serves as an information provider, media manager, policy advisor,
coordinator of ministries, monitor of ongoing projects, and a facilitator for scheduling
the PM’s appointments, both domestically and internationally.

UPSC Civil Services Examination Previous Year Question (PYQ)

Prelims

Q. Consider the following statements: (2022)

1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of
State with Independent Charge, Minister of State and Deputy Minister.
2. The total number of ministers in the Union Government, including the Prime Minister, shall not
exceed 15 percent of the total number of members in the Lok Sabha.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: B

Q. Consider the following statements: (2019)

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the
Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being
violative of the independence of judiciary.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

 Ans: B

Mains:

Q. To what extent, in your view, the Parliament is able to ensure accountability of the executive in
India? (2021

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