UPSC Prelims 2012 · Question 53 of 98
UPSC Prelims 2012 question on Prime Minister Appointment
The Prime Minister of India, at the time of his/her appointment:
Show answer
Answer: A. Need not necessarily be a member of one House but must become member within six months.
Verdict
Correct Answer: Need not necessarily be a member of one House but must become member within six months
Analysis
A person can be appointed as the Prime Minister even if they are not a member of either House of Parliament at the time of appointment.
However, they must become a member of either the Lok Sabha or the Rajya Sabha within six months.
1. Need not necessarily be a member of one House but must become member within six months — Correct
Article 75(5) allows a non-member to be appointed as a minister, including Prime Minister.
But if they do not become a member of either House of Parliament within six consecutive months, they cease to be a minister.
2. Must be a member of Lok Sabha only — Incorrect
There is no constitutional requirement that the Prime Minister must be from the Lok Sabha.
The Prime Minister may be a member of either the Lok Sabha or the Rajya Sabha.
3. Must already be a member of either House before appointment — Incorrect
This is not necessary.
A non-member can be appointed as Prime Minister, but must get elected or nominated to either House within six months.
4. Cannot be from Rajya Sabha — Incorrect
This is incorrect.
Several Prime Ministers, including Indira Gandhi, H.D. Deve Gowda and Manmohan Singh, were members of the Rajya Sabha while serving as Prime Minister.
Extra UPSC info
* The Prime Minister is appointed by the President of India.
* Usually, the leader of the majority party or coalition in the Lok Sabha is appointed as Prime Minister.
* Article 75 deals with the appointment, tenure and responsibility of the Council of Ministers.
* The Council of Ministers is collectively responsible to the Lok Sabha.
* In S.P. Anand v. H.D. Deve Gowda, the Supreme Court upheld that a non-member can be appointed as Prime Minister for six months.
* The Prime Minister has no fixed tenure and continues as long as they enjoy majority support in the Lok Sabha.
How to crack it
The Prime Minister need not be a member of Parliament at appointment, but must become a member of either House within six months.