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Thursday, October 6, 2011

Q. Whether the President has the power to dismiss the Prime Minister or not?

Ans. The President can not dismiss the Prime Minister in any condition. The provision of Article 75(2) that the Ministers shall hold office during the pleasure of the President, is not applicable in the case of the Prime Minister. This provision is related to the Union Ministers only. The actual practice is that a Minister can be dismissed by the President only on the recommendation of the Prime Minister. The President cannot dismiss the Prime Minister on the charges of corruption or misbehavior. The Prime Minister can be removed from his office only in the condition of the passing of no-confidence motion in the Lok Sabha. The President, in such a condition, may ask the but going Prime Minister to continue to act as the Prime Minister till such time as new incumbent is appointed. Or else, the President may appoint another person as the Prime Minister and the earlier Prime Minister shall cease to hold office. In either case, there is no occasion to dismiss the Prime Minister. If a Prime Minister whose government has lost confidence of the House and is adamant not to tender his resignation, the President may appoint another person as Prime Minister and the former will cease to hold the office of Prime Minister.

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