AIR 1997 SUPREME COURT 272 ::1997 AIR SCW 18 ::(1997) ILR (Kant) 404 ::1996 (6) SCC 734 ::1996 (4) CurCC 136 ::1997 (1) Cal HN 6 ::(1996) 10 JT 274 (SC)

Supreme Court Of India

Hon'ble Judge(s): A. M. Ahmadi, Sujata Manohar , JJ

(A) Constitution of India , Art.74, Art.75— Prime Minister - Appointment - Person who is not member of either House of Parliament can be appointed Prime Minister for six months - Such appointment does not militate against the democratic principles embodied in Constitution. British convention - Applicability. The form of the oath prescribed in the Third Schedule under Article 75(4) is the same for the Prime Minister as well as a Minister. In other words, the Constitution does not draw any distinction between the Prime Minister and any other Minister in this behalf. This is not a say that the Prime Minister does not enjoy a special status; he does as the head of the Council of Ministers but the responsibility of the Council of Ministers to @page-SC273 the House of the People is collective. Besides, the caption of Article 75 as a whole is "other provisions as to Ministers". 'No separate provision is to be found dealing with the appointment of the Prime Minister as such. Therefore, even though the Prime Minister is appointed by the President after he is chosen by such number of members of the House of the People as would ensure that he has the confidence of the House and would be able to command the support of the majority, and the Ministers are appointed on the advocate of the Prime Minister, the entire Council of Mi....