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Constitutional Duties of Prime Minister
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The constitution envisages the Prime Minister with certain rights and duties. The functions of the Prime Minister are as follows:
- The Prime Minister proposes the names of the members to President for appointment as Ministers of the government;
- Prime minister can reshuffle the Cabinet and decides for the distribution of charges of different ministries as well;
- He presides over the meetings of the Cabinet and can also change the decisions taken by the Cabinet;
- He suggests the President of India about the resignation or removal of any minister from the Cabinet;
- He also directs and controls the functioning of Ministers in the Cabinet;
- The Prime Minister may resign at any time and can even ask the President of India to dissolve the Cabinet.;
- He can advise the President to dissolve entire Lok Sabha to conduct fresh elections;
- The Cabinet stops functioning If the Prime Minister resigns from his post, and spontaneously dissolves after the death of the Prime Minister.
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Rights and powers regarding Appointments:
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Prime Minister can advise the President for the appointment of the following:
- Comptroller and Auditor General of India;
- Attorney General of India;
- Advocate General of India;
- Chairman and members of UPSC;
- Selection of Election Commissioners;
- Members and chairman of the Finance Commission.
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Rights/Powers with regard to Parliament of India:
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Prime Minister is the leader of the Lok sabha with rights to exercise the powers as follows:
- The prime minister decides the foreign policy of the country.
- He is the speaker of the Central Government.
- He is the leader of the majority party or coalition of parties in the Parliament.
- The Prime Minister is also is the chairman of various organizations including:
- NITI Aayog;
- National Development Council;
- National Integration Council;
- Inter-state Council;
- National Water Resources Council.
- He is also the head of the disaster management team during a political level emergency.
- He is also the political head of all the forces.
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Dismissal of a Minister
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The minister of the Lok sabha can be removed from his post under the following conditions:
- Upon the death of the minister;
- Upon self resignation from the minister;
- If the minister is dismissal by the President, for unconstitutional his acts as per Article 75(2);
- Article 75 of the constitution states that the minister holds the office at the pleasure of the President;
- Upon direction from the Court for committing the violation of any law;
- If the minister loses the eligibility to be a member of Parliament.
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Dismissal of the Cabinet
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The Cabinet of Minister dissolves if:
- The Prime Minister asks the President of India to dissolve the Cabinet;
- The Prime Minister advises the President to dissolve entire Lok Sabha to conduct fresh elections;
- If the Prime Minister resigns from his post;
- The cabinet automatically dissolves after the death of the Prime Minister.
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