23/07/2026
The office of the Prime Minister is governed primarily by Articles 74 and 75 of Part V of the Constitution of India.
Article 74 mandates that there shall be a Council of Ministers, headed by the Prime Minister, to aid and advise the President in the exercise of executive functions.
Under Article 751, the President appoints the Prime Minister, while the other ministers are appointed on the advice of the Prime Minister. Since the Prime Minister is formally appointed by the President, any resignation is submitted to the President. The resignation of the Prime Minister is treated as the resignation of the entire Council of Ministers because the Council functions under the Prime Minister’s leadership.
In most cases, a Prime Minister resigns after a general election if the ruling party or coalition fails to secure a majority in the Lok Sabha, or when it loses the confidence of the House. This is because the Council of Ministers is collectively responsible to the Lok Sabha under Article 753.
However, if a sitting Prime Minister resigns while the ruling party or coalition continues to enjoy a majority in the Lok Sabha, constitutional convention—supported by the recommendations of the Sarkaria Commission—provides that the President should invite the leader chosen by the majority party or coalition to form the new government.
For example, if Prime Minister Narendra Modi were to resign while the NDA retained its majority, the BJP Parliamentary Party and NDA constituent parties would convene to elect a new leader. After a consensus is reached, the President would be formally informed of the choice.
The President would then invite the newly elected leader of the majority coalition to form the government. To establish majority support, the coalition leaders would submit letters of support signed by their Members of Parliament. Once the President is satisfied that the proposed leader commands the confidence of the Lok Sabha, a date for the swearing-in ceremony would be fixed, and the new Prime Minister, along with the Council of Ministers, would take the oath of office.
It is important to note that the resignation of the Prime Minister does not affect their membership in Parliament. Therefore, if they continue to be a Member of Parliament and the new Prime Minister chooses to include them, they may serve in the Council of Ministers in any ministerial capacity.
