Tenure of the Indian Prime Minister: Laws and Limits

Context

The Indian Constitution gives no specific tenure or term limit of the Prime Minister (PM). The PM serves the office up to the time that the majority in the Lok Sabha has confidence in him or her. Although the term typically overlaps with the 5-year term of the Lok Sabha, it may be terminated earlier when the Prime Minister resigns or when he/she is defeated in a confidence vote. 

Key legal and constitutional aspects 

• Appointment and Tenure: The President selects the Prime Minister (Article 75) who is usually a leader of majority party/coalition in the Lok Sabha. The term of a person in the position of Prime Minister is not limited.
• Pleasure of the President: Article 75(2) provides that ministers (including the PM) serve in the pleasure of the President. This is not however arbitrary, the President is not in a position to fire a PM who has a majority in the Lok Sabha.
• No-Confidence Motion: In case the Prime Minister loses a vote of confidence in the Lok Sabha, he or she has to resign or be sacked.
• Requirement of member of parliament: The Prime Minister should be either a member of Lok Sabha or Rajya Sabha. Otherwise, they have to be one six months in a row or quit the Ministership.
• Proposed Reforms: According to the Constitution (130 th Amendment) Bill, 2025, in case a Prime Minister is arrested and detained 30 days because of serious criminal offences, he/she must resign by the 31 st day.

Factors and Debates

• Effects of Anti-Defection Law: The opponents say that the Tenth Schedule (Anti-Defection Law) has undermined the parliament checks since members of ruling parties may be disqualified in case they vote against their leader and consequently, no-confidence motions are no longer effective.
• The Limits Arguments: Advocates opine that term limits may help to avoid power concentration, encourage new leadership and guard against institutional capture.
• Arguments against Limits: The opponents cite that term limits are anti-democratic in that they can override the will of the electorate in choosing a popular leader and can lead to a lack of continuity in policy. 

Impact on Democratic Structure and Debate

Lack of term limits coupled with long incumbency has raised a debate among scholars on how it affects democratic accountability: 

• Electoral Mandate vs. Institutional Control: The proponents state that long term tenure represents a continued popular mandate and offers stability to long term projects. The opponents indicate that the long periods of incumbency may contribute to the so-called compounding advantages, including an increased control over the regulatory authorities, the judicial system, and the informational landscape.
• Erosion of Parliamentary Checks: Analysts have also noted that the Tenth Schedule (anti-defection law) has diluted the no-confidence motion as a check by the Parliament since legislators run a risk of being disqualified in case they vote against their party.
• Reform Proposals: Some of the proposed remedies are to restrict successive terms of both Prime Ministers and Chief Ministers (although perhaps not to a limit) and to lift the anti-defection legislation on confidence motions so as to have legislative checks and balances again. 

Way Forward 

• Relevance of the Tenth Schedule to exempt confidence motions in order to make the legislature capable of holding the PM responsible again.
• An amendment of the constitution to restrict a series of terms of the Prime Minister or Chief Ministers.

Source: The Hindu 

UPSC Prelims Practice Question 

(Q) Consider the following statements regarding the Prime Minister of India:

1. The Constitution of India fixes the tenure of the Prime Minister at five years.
2. The Prime Minister holds office during the pleasure of the President.
3. A person who is not a Member of Parliament cannot be appointed as Prime Minister. 

Which of the statements given above is/are correct?

A) 1 only
B) 2 only
C) 2 and 3 only
D) 1, 2 and 3

Download as PDF