The Election Commission of India, an autonomous constitutional authority organizes the General Election at the interval of 5 years. A total of 543 Members of Parliaments are elected via General Election to the Lower House of Indian Parliament called Lok Sabha. These Members of Parliament (MPs) are from various political parties.
In the Indian system, fashioned after the British Westminster System, the prime minister is the head of Government and is appointed by the Lok Sabha, rather than elected directly by voters as is common in presidential systems. The party holding a majority in the Lok Sabha elects its leader Prime Minister.
The President has been constitutionally given power for inviting the Lok Sabha Leader of the party with maximum number of seats won to form the government.
Then, the party with the maximum seats has to discuss and select a person as the Prime Minister. The party proves its majority in the Lok Sabha (majority means that more than half the members present and voting are in their favor). After proving their majority in the House, the Prime Minister along with other ministers takes the oath of office and secrecy in presence of the President.
The Union Caninet headed by the Prime Minister is appointed by the President to assist the latter in the administration of the affairs of the executive. Union cabinet is collectively responsible to the House of the People as per Article 75. The Prime Minister shall always enjoy the confidence of Lok Sabha and shall resign if he/she is unable to prove majority when instructed by the President.
The Constitution envisages a scheme of affairs in which the President of India is the head of the executive in terms of Article 53 with office of the Prime Minister as heading the Council of Ministers to assist and advise the president in the discharge of the executive power. To quote, Article 53, 74 and 75 provide as under;
“The executive powers of the Union shall be vested in the president and shall be exercised either directly or through subordinate officers, in accordance with the Constitution.”
— Article 53(1), Constitution
“There shall be a Council of Ministers with the prime minister at the head to aid and advise the president who shall, in the exercise of his functions, act in accordance with such advice.”
— Article 74(1), Constitution
“The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.”
— Article 75(1), Constitution of India