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Can a Nominated Member of Lok Sabha or Rajya Sabha Become the Prime Minister of India?

January 05, 2025Anime1768
Can a Nominated Member of Lok Sabha or Rajya Sabha Become the Prime Mi

Can a Nominated Member of Lok Sabha or Rajya Sabha Become the Prime Minister of India?

The role of Prime Minister in India is a complex and multifaceted responsibility that involves various constitutional and practical requirements. One of the key questions that often arises is whether a nominated member of Lok Sabha or Rajya Sabha can assume this position. This article explores the possibilities and constraints surrounding this issue.

Understanding the Constitutional Framework

The Constitution of India provides a clear framework for the composition of the Council of Ministers, which includes the Prime Minister. Article 75(1) of the Constitution states that the Cabinet of Ministers, including the Prime Minister, shall consist of the Prime Minister, the Vice-Prime Minister, and the Ministers. Article 164(3) further specifies that 'any member of the Council of Ministers of a State who is not a member of the Legislature of the State shall within six months of his appointment take oath as a member of that Legislature.'

Regarding the Lok Sabha, the situation is more stringent. Section 5 of the Representation of People Act, 1951, states that no person who is not a member of either House of Parliament can become the Prime Minister until they are elected as a member of at least one of the Houses within six months of taking the oath as a minister. It also mandates that the Prime Minister must have the confidence of the majority in the Lok Sabha.

Nomination and Leadership Role

In practice, the PM is often drawn from the Lok Sabha, which is the lower house of India's bicameral Parliament. This is because the Lok Sabha is the more powerful chamber due to its role in electing the President, approving amendments to the Constitution, and initiating budgetary matters. The Rajya Sabha, on the other hand, has a more consultative role.

However, a nominated member from either the Lok Sabha or Rajya Sabha can technically be the PM, provided they meet certain conditions. The key condition is that they must secure the confidence of the Lok Sabha. If a nominated member from Rajya Sabha is already a member of that house, they can potentially become the PM. But if the member is from the Lok Sabha, they face the additional challenge of becoming a member of at least one of the Houses within six months of taking office as PM.

Historical Context and Precedents

There are no past examples where a nominated member from either chamber became the Prime Minister of India. This suggests that the trend has traditionally favored elected members. However, constitutional amendments and political dynamics might change this trend in the future.

Currently, the PM and their cabinet members have a crucial role in nominating members to the Rajya Sabha. For the Lok Sabha, two members from the Anglo-Indian community are nominated by the PM and their cabinet after the formation of a new government. Hence, a nominated member from the Lok Sabha is typically ruled out due to the technical requirements of becoming a member within six months.

Practically, the PM is always from the Lok Sabha, as they must command the support of the Lower House and be able to form a stable government. The leadership of the Lok Sabha, often held by the party or coalition with a clear majority, is a key factor in determining who becomes the Prime Minister.

In conclusion, while there is no explicit constitutional restriction against a nominated member becoming the Prime Minister, the practical and procedural hurdles make it highly unlikely. The PM's role requires robust support in the Lok Sabha, and the technical requirement of being a member of Parliament within six months further complicates the scenario for a nominated member.

Key Points:

No explicit restriction on a nominated member becoming PM Confidence of the Lok Sabha is compulsory Technical requirement of being a member of a House within six months Nominated Rajya Sabha members have a higher chance due to pre-existing membership The PM must command the support of the Lok Sabha majority

Keywords: Nominated Member, Lok Sabha, Prime Minister