Core Issue:-
- Unlike the President, there is no constitutional limit on the number of terms a Prime Minister can serve in India.
- Prime Minister Narendra Modi has completed 8,931 days in elected executive office, surpassing the record of former Chief Minister of Sikkim, Pawan Kumar Chamling.
Why does India have no term limit for the Prime Minister?
- The Constitution makers believed that in a parliamentary system, the Prime Minister remains accountable to Parliament and can be removed at any time through a no-confidence motion.
- B.R. Ambedkar argued that “daily assessment” through parliamentary questions, adjournment motions, and no-confidence motions is more effective than a fixed term limit.
How has this logic weakened over time?
- The anti-defection law under the Tenth Schedule has reduced the effectiveness of no-confidence motions.
MPs who vote against the party whip risk disqualification, making it difficult for ruling party MPs to challenge their own leader. - As long as the ruling party has a majority, parliamentary accountability becomes weaker.
Role of the Anti-Defection Law:-
- Added through the 52nd Constitutional Amendment, 1985.
- Upheld by the Supreme Court in the landmark case of Kihoto Hollohan v. Zachillhu.
- Intended to prevent political defections and preserve the electoral mandate.
- However, it has also strengthened party leadership and reduced intra-party democracy.
Why is prolonged tenure a concern?
Long tenures may allow the executive to gradually influence institutions such as:
- Appointment bodies
- Regulatory agencies
- The Election Commission
- The higher judiciary
- Media and information environment
A leader serving multiple consecutive terms may shape policies and institutions for electoral advantage across several cycles.
Comparative Perspective:-
Many democracies impose limits on executive tenure:
- United States: Two-term limit for President through the 22nd Amendment Brazil,
- South Korea, Indonesia: Constitutional term limits exist for Presidents
- Parliamentary democracies usually do not impose such limits because the Prime Minister depends on legislative confidence
Arguments Against a Term Limit:-
Supporters argue that if voters elect a leader repeatedly, imposing a term limit overrides democratic choice.
They believe periodic elections are sufficient to hold the executive accountable.
Possible Reforms:-
- Exempt confidence motions from the anti-defection law so MPs can vote freely on whether the government should continue Strengthen intra-party democracy and leadership challenges Consider a constitutional amendment limiting consecutive terms of Prime Minister or Chief Minister, while allowing a return after a gap
The real issue is not only the absence of term limits, but the weakening of parliamentary checks that were supposed to act as safeguards against the concentration of power