In the constitution of India, there is no specific procedure written for the selection and appointment of Prime Minister of India. However, in article 75, it is written that President of India shall appoint the Prime Minister of India. (obviously not according to his own will )
How Prime Minister of India is appointed ?
However, according to the conventions of the Parliamentary System.
1- President appoints the leader of the majority party in the lok sabha as the prime minister ( P.M).
2- If there is no clear majority, President can exercise his sole discretion in the following order one after another to appoint the prime minister.
a) President asks the leader of the coalition (formed before the election) to become the prime minister.
b) President asks the leader of the single largest party to become the P.M
c) President invites the leader of coalition ( formed after election) to become the P.M
d) In case of fall of the government, after no confidence motion, President should invite the leader of opposition to become P.M
In what cases, President can appoint Prime Minister upon his individual judgement ?
1- When no party has a clear majority in Lok sabha.
2- When Prime Minister’s office falls vacant on account of death of the Prime Minister.
What are the privileges of the P.M of India ?
1- P.M recommends the name to the president who can be appointed as council of ministers.
2- He distributes various ministries / portfolios among the ministers and may even reshuffle as and when required.
3- He may ask a minister to resign or advise the president to dismiss the minister.
4- He presides over meetings of cabinet ministers/ council of ministers .
5- He can resign from the office thereby collapsing the entire government.
Prime Minister acts as the head of the Council of Ministers. Hence his death or resignation from the office automatically dissolves the council of ministers.
6- P.M acts as a link between the cabinet and President. It is duty of the prime minister to:
a- communicate all decisions of the council of ministers to the President of India.
b- provide any information relating to the administration of the Union govt, if asked by president of India.
7- P.M advises president with regard to the appointment of important officials such as CAG, AGI , election commissioner etc.
8- P.M advises the president in regard of summoning and proroguing ( starting ) of the sessions of the parliament.
9- It is P.M prerogative to announce major policy decision inside or outside the parliament.
Is it necessary for the Prime Minister to be the member of Parliament ?
A person who is not a member of Parliament, can be appointed as P.M , provided within 6 months he should become the member of either house of parliament. P.M can be member of any house of parliament ( either Lok Sabha or Rajya Sabha)
Indira Gandhi, I.K Gujral and Dr. Manmohan Singh were member of Rajya Sabha when they were appointed as P.M.