In India, the relationship between the Prime Minister and the President is a crucial aspect of the country’s constitutional and political framework. Both these offices are essential components of the parliamentary system, and their roles and interactions are defined by the Indian Constitution.
1. Constitutional Framework:
Article 74(1):
This article states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. It establishes the constitutional basis for the relationship between the Prime Minister and the President.
Article 75:
Article 75 outlines the provisions related to the appointment and tenure of ministers. It specifies that the Prime Minister shall be appointed by the President and other ministers shall be appointed by the President on the advice of the Prime Minister.
2. Advice to the President:
Executive Functions:
The President, as the head of state, performs various executive functions. However, these functions are exercised on the advice of the Council of Ministers, with the Prime Minister being the key advisor.
Binding Nature of Advice:
The advice tendered by the Council of Ministers, including the Prime Minister, is binding on the President. The President is expected to act in accordance with the advice received.
3. Prime Minister’s Role in Government Formation:
Invitation to Form Government:
After general elections, the President invites the leader of the majority party or coalition to form the government. This leader is usually the Prime Minister designate.
Recommendation of Ministers:
The Prime Minister recommends to the President the names of individuals to be appointed as ministers. The President appoints these ministers on the advice of the Prime Minister.
4. Communication and Consultation:
Article 78:
This article states that it shall be 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. It emphasizes the need for effective communication and consultation.
Advisory Role:
While the President has a ceremonial role, the Prime Minister serves as the principal advisor to the President on matters related to the administration of the government.
5. Emergency Powers:
Article 352 and 353:
- In case of a proclamation of emergency due to war or external aggression, the President has the power to declare an emergency. The Prime Minister’s role is crucial in advising the President on necessary actions during emergencies.
6. Dissolution of the Lok Sabha:
Article 75(2):
- If the Prime Minister advises the President to dissolve the Lok Sabha and call for fresh general elections, the President is bound by this advice. This decision is crucial in the context of maintaining the government’s stability.
7. Term and Dismissal:
At the Pleasure of the President:
- The Prime Minister holds office at the pleasure of the President, as mentioned in Article 75(4). The President has the authority to dismiss the Prime Minister if the government loses majority support.
8. Role in the Legislative Process:
Summoning and Proroguing Sessions:
- The President, on the advice of the Prime Minister, summons and prorogues sessions of Parliament. This ensures the smooth functioning of the legislative process.
Conclusion:
The relationship between the Prime Minister and the President in India is based on constitutional principles, parliamentary conventions, and the separation of powers. While the President is the ceremonial head of state, the Prime Minister is the head of the government. The President’s role is largely symbolic, while the Prime Minister plays a dynamic and active role in governance, policy formulation, and administration. The smooth functioning of this relationship is essential for the effective functioning of the Indian parliamentary system.
