Discuss the significance and function of the prime Minister s office
Answers
PRIME MINISTER
Parliamentary democracy in India envisages the presence of a nominal and real executive. They are the President and the Prime Minister respectively. Prime Minister is the ‘real chief executive’. The office of the Prime Minister first originated in England and was borrowed by the framers of the Constitution.
RELATION WITH OTHER OFFICES
The Prime Minister while exercising his powers and functions establishes relation with certain offices for the smooth functioning of the Government. The framework of relations can be examined below:
1.RELATIONS WITH THE PRESIDENT
Articles 74, 75 and 78 of the Constitution govern the relationship between the Prime Minister and the President. By virtue of Article 74(1), the chief function of the Prime Minister is to render aid and advice to the President. After the 42nd Amendment Act 1976, it was made mandatory for the President to act in accordance with such advice. 44th Amendment Act 1978 added a proviso to Article 74(1). The President may require the Council of Ministers to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.
Article 75(2) provides that Ministers shall hold office during the pleasure of the President. Further, Article 78 specifies certain duties of the Prime Minister in relation to the President which are as follows:
The Prime Minister has to convey to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.
He has to furnish the President such information relating to the administration of the affairs of the Union and proposals for legislation.
If the President so requires, the Prime Minister has to submit for the consideration of the Council of Ministers any matter on which a decision had been taken by a Minister but which has not been considered by the Council.
There are exceptions to the above mentioned duties which are as follows:
Under Article 85(1), the President must summon a meeting of each House of Parliament and more than six months should not elapse between two consecutive sessions. However, if the Prime Minister advices him not to convene a session even when the said term is about to expire, then by not convening the session on account of such advice, the President would be violating the Constitution, for which he could be impeached. Hence, he can disregard such advice.
The President may for any reason shift his loyalties from the party that got him elected and meet leaders of the Opposition with the intention of bringing about the fall of the Government. In such cases, the Prime Minister would be justified in withholding information from the President.
The President cannot give sanctions for the legal prosecution of the Prime Minister, unless his guilt is established by a court of law. However, if the guilt is established, the President can order his prosecution under the Anti-Corruption Act. There has been no organised demand for prosecuting the Prime Minister so far.
Moreover, the emergency powers of the Indian President are, in fact, the powers of the Prime Minister. A decision regarding the imposition of emergency, under Articles 352, 356 or 360, is taken by the Prime Minister, while the President, who has to abide by the advice of the Prime Minister, makes a proclamation to that effect. Articles 352 and 356 have been misused. Article 360 has never been imposed in India. While making declarations on emergencies, the President is dictated by the Prime Minister who obviously uses the Article to bring down the Opposition–run State Governments for a variety of reasons, not all of them always convincing.
2.RELATION WITH THE FINANCE MINISTER
The Finance Minister and the Prime Minister have to work in close collaboration, enjoying total mutual trust and adjustment. The budget and important money bills are prepared under the close supervision and scrutiny of the Prime Minister. Prime Minister can help States during national calamities by providing relief from the Prime Minister’s Relief Fund. All major economic policies are influenced if not completely determined by the Prime Minister.