What is the difference between President and Prime Minister?

56 votes

 

Who is a President?

A President is the head of the state and the commander-in-chief of the Indian Armed Forces. The office of the President came into existence when India became a republic on 26 January, 1950. Article 53 of the constitution of India states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the Prime Minister (a subordinate authority) with the help of the Council of Ministers. A President is indirectly elected in India chosen by an electoral college consisting of the elected members of both houses of the Parliament (M.P.s), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (MLAs) of union territories with legislatures, i.e., National Capital Territory of Delhi, Jammu and Kashmir and Puducherry. The President enjoys many powers including judicial power in granting amnesty to criminals on death row.

To be eligible for the post of a President one has to meet the following criteria:

• A citizen of India

• of 35 years of age or above

• qualified to become a member of the Lok Sabha
   

Who is a Prime Minister?

A Prime Minister is the chief of the executive of the government. He/ She is the chief adviser to the President of India and the head of the Union Council of Ministers. In a Parliamentary system, a prime minister is the senior-most member of cabinet in the executive of government. The Prime Minister selects and can dismiss members of the cabinet; allocates posts to members within the government; and is the presiding member and chairperson of the cabinet. Article 84 of the Constitution of India, which sets the principal qualification for member of Parliament, and Article 75 of the Constitution of India, which sets the qualifications for the minister in the Union Council of Ministers, and the argument that the position of prime minister has been described as primus inter pares (the first among equals). A Prime Minister must:

• be a citizen of India

• be a member of the Lok Sabha or the Rajya Sabha. If the person chosen as the prime minister is neither a member of the Lok Sabha nor the Rajya Sabha at the time of selection, they must become a member of either of the houses within six months.

• be above 25 years of age if they are a member of the Lok Sabha, or, above 30 years of age if they are a member of the Rajya Sabha.

• not hold any office of profit under the government of India or the government of any state or under any local or other authority subject to the control of any of the said governments.
   

Difference between Prime Minister and the President

1. Prime Minister is the leader of the executive and Union Council of Ministers, whereas, the President is the head of the State and Indian Armed Forces. He/ She holds the highest office and is the first citizen of the nation.

2. The Prime Minister is directly elected by the people, whereas, the President is indirectly elected by an electoral college.

3. The Prime Minister is appointed by the President, whereas, the President is indirectly elected by the members of the Parliament and legislative assemblies.

4. The Prime Minister can be removed by a ‘no-confidence motion’ by the Lok Sabha, whereas, the President can only be impeached if he/she is found to be in violation of the Constitution of India which would require a special majority for the removal of the President.

5. The Prime Minister has to belong to the party which enjoys a majority of votes in the Lok Sabha, whereas, the President does not have to belong to any party.

6. The Prime Minister enjoys no Judicial powers, whereas, the President enjoys judicial powers under Article 72, 88 and 143.

7. The Prime Minister cannot declare a state of emergency in the country or in a state, whereas, the President has the power to declare emergency if he thinks fit.

LawRato LawRato

559 votes

Article 75(1) of the Constitution says that the Prime Minister shall be appointed by the President and the other Ministries shall be appointed by the President on the advice of the Prime Minister.
Article 52 of the Constitution says that there shall be a President of India. The President is considered the Executive head of the country. All the executive business of the country is carried out in the name of the President.

Advocate M. S. Husain LawRato