Administrative powers of the Prime Minister
Administrative Powers of the Prime Minister
Overview
The Prime Minister (PM) is the head of the government and holds significant administrative authority. The scope of the PM’s administrative powers varies by country but generally includes:
Executive Authority: Leading the executive branch and overseeing government departments.
Policy Formulation and Implementation: Setting government policy agendas and ensuring execution.
Appointment Powers: Selecting ministers, heads of governmental agencies, and key officials.
Cabinet Leadership: Chairing cabinet meetings and coordinating collective decision-making.
Control over Administration: Supervising civil services and administration.
Advising the Head of State: Advising the president or monarch on appointments and legislative matters.
Crisis Management: Leading government response during emergencies.
Constitutional and Legal Basis
The powers of the PM are often derived from constitutional provisions, statutes, and conventions. The nature and extent of powers may depend on whether the system is parliamentary, semi-presidential, or presidential.
Limits on the Prime Minister’s Powers
Checks and balances: Parliament and judiciary can limit PM’s powers.
Collective responsibility: Cabinet decisions require consensus.
Rule of law: PM must act within legal boundaries.
Political accountability: Subject to parliamentary confidence.
Case Laws Illustrating the Administrative Powers of the Prime Minister
1. Marbury v. Madison (U.S. Supreme Court, 1803)
Context: While primarily about judicial review, this case sets a foundation for limits on executive powers.
Significance: Establishes that even executive authorities, including prime ministers in parliamentary systems, must operate within constitutional limits. It underlines that administrative actions are subject to legality.
2. S.R. Bommai v. Union of India (1994) – Supreme Court of India
Facts: The PM recommended dismissal of state governments under Article 356.
Issue: Whether the PM’s advice to the President to impose President’s Rule in states was subject to judicial review.
Ruling: The Court held that the PM’s advice and executive action are subject to judicial scrutiny to prevent misuse.
Significance: Affirms that PM’s administrative powers are not absolute and must conform to constitutional safeguards.
3. Kesavananda Bharati v. State of Kerala (1973) – Supreme Court of India
Facts: Challenge to constitutional amendments affecting executive powers.
Issue: The extent of executive (including PM’s) power in constitutional amendments and governance.
Ruling: Established the "basic structure" doctrine, limiting the powers of executive and legislature.
Significance: Reinforces that the PM’s administrative powers must respect the constitutional framework.
4. R (Miller) v. Secretary of State for Exiting the European Union (UK Supreme Court, 2017)
Facts: The PM’s authority to trigger Article 50 (Brexit) without parliamentary approval was challenged.
Issue: Whether the PM has prerogative power to initiate Brexit.
Ruling: The Court ruled that the PM cannot bypass Parliament; parliamentary approval is necessary.
Significance: Demonstrates limits on PM’s prerogative powers and the necessity of legislative oversight.
5. Attorney-General v. Jonathan Cape Ltd. (UK, 1976)
Facts: Concerned confidentiality of cabinet discussions.
Issue: The PM’s control over cabinet confidentiality and executive privilege.
Ruling: Courts respected cabinet confidentiality but balanced it against public interest.
Significance: Highlights PM’s administrative role in cabinet governance and collective responsibility, subject to legal principles.
6. A.K. Kraipak v. Union of India (1969) – Supreme Court of India
Facts: Challenge to administrative decision by PM’s office.
Issue: Whether the PM’s office must follow principles of natural justice in administrative decisions.
Ruling: Administrative actions must adhere to fairness and due process.
Significance: Limits arbitrary exercise of PM’s administrative authority.
Summary of Legal Principles
The PM holds significant administrative powers but within constitutional limits.
Powers are subject to judicial review and parliamentary control.
The principle of collective responsibility moderates PM’s authority.
Executive actions must conform to rule of law and fairness.
The PM’s prerogative powers are not absolute and require legislative support in key matters.
Confidentiality and administrative discretion exist but with accountability.
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