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× #1 Article 51-A of the Indian Constitution: Fundamental Duties #2 Article 167 of the Indian Constitution | Role of the Chief Minister #3 Article 352 of the Indian Constitution | Emergency Provisions #4 Article 75 of the Indian Constitution: The Role of the Prime Minister #5 Indian Constitution on Protecting Diversity: A Look at Articles 29 & 30 #6 Articles 25 to 28 of the Indian Constitution #7 Article 23 and 24 of the Indian Constitution #8 Article 21A of the Indian Constitution #9 Indian Constitution in Simple Words #10 Article 22 | Protection Against Arrest and Detention #11 Article 21: Right to Life and Personal Liberty #12 Article 20 of the Indian Constitution #13 Article 19: Fundamental Rights in the Indian Constitution #14 Articles 17 and 18 of the Indian Constitution #15 Articles 17 and 18 of the Indian Constitution #16 Article 16 of the Indian Constitution #17 Article 15 of the Indian Constitution #18 Article 13 of the Indian Constitution #19 Article 12 of the Indian Constitution #20 Article 14 Constitution of India

Indian Polity

Introduction

The Prime Minister of India holds one of the most important positions in the country's political structure, as the head of the government and the leader of the ruling party in Parliament. Article 75 of the Indian Constitution establishes the framework for the office of the Prime Minister and defines the Prime Minister's role, powers, and functions within the executive branch of the government.

India follows a parliamentary system of governance, where the Prime Minister is the head of the government, while the President serves as the ceremonial head of the state. The Prime Minister, appointed by the President, leads the Council of Ministers, which includes Cabinet Ministers, Ministers of State, and Deputy Ministers. Article 75 outlines how the Prime Minister is chosen, their relationship with the President, and the duties they must perform in managing the government.

Given the central role the Prime Minister plays in shaping government policy, decision-making, and representing India internationally, understanding Article 75 is essential to grasp the mechanics of India’s parliamentary democracy.

Detailed Description of Article 75

Article 75 consists of several provisions that detail the role, powers, and responsibilities of the Prime Minister of India:

1. Appointment of the Prime Minister (Clause 1)

  • Clause 1 of Article 75 states that the President of India shall appoint the Prime Minister. The key point here is that the President appoints the Prime Minister based on the majority party or coalition in the Lok Sabha (the lower house of Parliament). In practical terms, the President invites the leader of the largest party or coalition in the Lok Sabha to form the government.

  • The Prime Minister must command the confidence of the majority in the Lok Sabha, meaning they must be able to secure the support of at least half of the members in the house to remain in office.

Example: If a political party wins the majority of seats in a general election, its leader is usually invited by the President to form the government and serve as the Prime Minister.

2. Composition of the Council of Ministers (Clause 2)

  • Clause 2 of Article 75 states that the Prime Minister will also be responsible for the appointment of the Council of Ministers. The Council of Ministers is composed of:

    • Cabinet Ministers: Senior ministers responsible for major government departments and policies.

    • Ministers of State: Junior ministers with specific responsibilities or assist Cabinet Ministers.

    • Deputy Ministers: Assist Ministers in their work but have lesser responsibilities.

The Prime Minister selects the members of the Council of Ministers, ensuring that the ministers are aligned with the policies of the ruling party or coalition. The Prime Minister must maintain the collective responsibility of the Cabinet, which means the entire Cabinet must stand together on all decisions.

3. Advice to the President (Clause 3)

  • The Prime Minister plays a vital role in advising the President of India on key governmental matters. This advice is considered binding, and it is the Prime Minister’s responsibility to communicate the decisions of the Council of Ministers to the President.

  • Under this provision, the Prime Minister acts as a liaison between the executive (government) and the President, ensuring that the President is kept informed of the government's policies and decisions.

Example: If the government wants to introduce a new law or take significant action, the Prime Minister will advise the President on these matters.

4. Resignation of the Prime Minister

  • If the Prime Minister resigns or is removed from office, the entire Council of Ministers also resigns. This principle reflects the doctrine of collective responsibility, meaning that the government cannot function without the leadership of a Prime Minister who enjoys the confidence of the Lok Sabha.

  • The resignation of the Prime Minister signals a shift in power, often leading to the formation of a new government if the political conditions change (e.g., after an election or a no-confidence motion).

The Role and Powers of the Prime Minister

The role of the Prime Minister, as outlined in Article 75, is both ceremonial and functional. The Prime Minister is central to India’s parliamentary system, which is based on the idea that the executive derives its authority from the legislature.

Here’s a breakdown of the Prime Minister's role:

1. Leader of the Government

  • As the head of the government, the Prime Minister leads the Council of Ministers and oversees the formulation and implementation of government policies. This includes directing the legislative agenda, representing the government in Parliament, and guiding the Cabinet in decision-making.

2. Head of the Council of Ministers

  • The Prime Minister is the chief architect of the Cabinet. They decide the structure, responsibilities, and functioning of the Council of Ministers. The Prime Minister ensures that the ministers are working toward the same policy goals and coordinates their efforts.

  • The Prime Minister is responsible for ensuring that decisions taken by the Cabinet are carried out effectively and within the framework of the Constitution.

3. Principal Advisor to the President

  • The Prime Minister is the principal advisor to the President on all matters related to the government and national policy. The President, though the formal head of the state, acts on the advice of the Prime Minister and the Cabinet.

4. Key Decision-Maker in Foreign Affairs and Defense

  • The Prime Minister has significant influence over foreign policy and defense matters. They represent India at international forums, make decisions regarding diplomatic relations, and play a crucial role in shaping the country’s international stance.

5. Leader of the Majority Party

  • The Prime Minister is typically the leader of the majority party or coalition in the Lok Sabha. As such, they play a crucial role in ensuring that the government has the support of Parliament to pass legislation and implement policies.

6. Crisis Manager

  • In times of national emergencies, such as natural disasters, economic crises, or internal strife, the Prime Minister plays an essential role in leading the government’s response. They may consult with other national leaders, monitor relief efforts, and make key decisions to protect national interests.

Significance of Article 75

1. Ensures Political Stability

  • Article 75 ensures that there is always a leader at the helm of the government. The Prime Minister, as the head of the majority party or coalition in Parliament, brings political stability and direction to the government. This is crucial for smooth governance and decision-making.

2. Centralizes Decision-Making

  • The Prime Minister’s role in advising the President and directing the Council of Ministers centralizes decision-making, making the governance process efficient. The Prime Minister can coordinate among different ministers to implement cohesive policies, ensuring the government works towards common objectives.

3. Strengthens Parliamentary System

  • Article 75 reinforces the idea of the parliamentary system, where the executive is accountable to the legislature. The Prime Minister, being a member of Parliament, represents the democratic choice of the people, ensuring that the executive remains answerable to the elected legislature.

4. Safeguards Democratic Governance

  • The Prime Minister is the linchpin of India’s democratic structure. Through their leadership of the Cabinet and their role in advising the President, they play an essential part in upholding the democratic framework of the country, ensuring governance is transparent and in line with the Constitution.

Conclusion

Article 75 of the Indian Constitution plays a foundational role in defining the position and powers of the Prime Minister in India’s parliamentary system of governance. It clearly establishes the Prime Minister as the head of the government and the central figure in executive decision-making, guiding the Council of Ministers and advising the President. The Prime Minister's responsibilities also include representing India at the national and international levels and ensuring that the government operates smoothly in times of peace and crisis alike.

In essence, Article 75 enshrines the significant role of the Prime Minister as the leader of the Indian government, serving as the chief architect of national policy and ensuring the efficient functioning of the executive branch in harmony with the legislature. The provision reflects the centralization of executive power in the office of the Prime Minister, which is vital for the stability and continuity of governance in India.