UPSC Prelims 2012 · Question 53 of 98

UPSC Prelims 2012 question on Prime Minister Appointment

  • ExamUPSC CSE
  • Year2012
  • PaperGeneral Studies Paper I
  • SubjectPolity
  • TopicPrime Minister
  • DifficultyEasy
  • TypeDirect

The Prime Minister of India, at the time of his/her appointment:

  1. Need not necessarily be a member of one House but must become member within six months.
  2. Need not necessarily be member but must become member of Lok Sabha within six months.
  3. Must be member of one House.
  4. Must be member of Lok Sabha.
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.

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