The first Prime Minister of India in 1947 was appointed by

1. The Indian Independence Act of 1947 (basic)

To understand the Office of the Prime Minister, we must first look at the legal bridge that moved India from a British colony to an independent nation: The Indian Independence Act of 1947. This Act was the culmination of British Prime Minister Clement Attlee’s declaration on February 20, 1947, which stated that British rule would end M. Laxmikanth, Indian Polity, Historical Background, p.8. Based on the Mountbatten Plan, the Act was passed by the British Parliament in July 1947 and set August 15, 1947, as the 'appointed day' for the transfer of power Rajiv Ahir, A Brief History of Modern India, Independence with Partition, p.495.

Under this Act, India did not immediately become a Republic. Instead, it became an independent Dominion within the British Commonwealth. This distinction is vital for understanding the executive structure at the time:

• The Governor-General: Each dominion was to have a Governor-General appointed by the British King. For India, Lord Mountbatten was requested to continue in this role.
• The Appointment of the PM: As the constitutional head of the Dominion, the Governor-General held the authority to appoint the Prime Minister. Consequently, Lord Mountbatten appointed Jawaharlal Nehru as India’s first Prime Minister.
• Sovereignty: The existing Constituent Assembly was transformed into a fully sovereign body, meaning it could frame any Constitution and even repeal the British Acts that created it M. Laxmikanth, Indian Polity, Making of the Constitution, p.13.

Crucially, between 1947 and 1950, the office of the President of India did not exist. The Prime Minister and his Council of Ministers functioned as the real executive, advising the Governor-General, who acted as the nominal head M. Laxmikanth, Indian Polity, Historical Background, p.9. This period established the Westminster style of parliamentary democracy where the Prime Minister is the actual head of government, even while the formal head was still a representative of the Crown.

Sources: M. Laxmikanth, Indian Polity (7th ed.), Historical Background, p.8-9; Rajiv Ahir, A Brief History of Modern India (2019 ed.), Independence with Partition, p.491, 495; M. Laxmikanth, Indian Polity (7th ed.), Making of the Constitution, p.13

2. Understanding Dominion Status (1947–1950) (intermediate)

To understand the office of the Prime Minister, we must first look at the unique bridge India crossed between 1947 and 1950. When the British left on August 15, 1947, India did not immediately become the Republic we know today. Instead, under the Indian Independence Act of 1947, India’s political status was that of an independent Dominion within the British Commonwealth of Nations Indian Polity, M. Laxmikanth(7th ed.), Preamble of the Constitution, p.43. This was a transitional phase where India was fully self-governing but technically remained under the symbolic umbrella of the British Crown.

During this period, the Office of the President did not exist. The constitutional head of the state was the Governor-General, who acted as the representative of the King. It was the Governor-General (specifically Lord Mountbatten) who held the formal authority to appoint the Prime Minister. Consequently, Jawaharlal Nehru was appointed as India's first Prime Minister by the Governor-General, not by a President Indian Polity, M. Laxmikanth(7th ed.), Historical Background, p.9. The Prime Minister and his Council of Ministers were the real executive power, advising the Governor-General on all administrative matters.

While India ceased to be a dominion in 1950, it chose to remain a member of the Commonwealth of Nations. However, this was a voluntary association. Unlike the dominion phase where the King was the legal head of the state, India as a Republic only recognized the King as a symbolic head of the Commonwealth, without any legal or constitutional allegiance Introduction to the Constitution of India, D. D. Basu (26th ed.), THE PHILOSOPHY OF THE CONSTITUTION, p.23. This allowed India to maintain global ties while ensuring its absolute internal and external sovereignty.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Historical Background, p.9; Indian Polity, M. Laxmikanth(7th ed.), Preamble of the Constitution, p.43; Introduction to the Constitution of India, D. D. Basu (26th ed.), THE PHILOSOPHY OF THE CONSTITUTION, p.22-23

3. The Interim Government and the Executive Council (basic)

To understand the roots of the Prime Minister's office, we must look at the Interim Government formed on September 2, 1946. At this stage, India was not yet independent, and the government was technically a transitionary body intended to assist the transfer of power. Interestingly, while we often think of Jawaharlal Nehru as the leader of this government, his official title was not 'Prime Minister' but Vice-President of the Executive Council Indian Polity, Historical Background, p.10. The Viceroy (Lord Wavell) remained the President and formal head of the Council, retaining the power to overrule his ministers, though in practice, the Congress-led council operated with significant autonomy Spectrum, Post-War National Scenario, p.476. Everything changed with the Indian Independence Act of 1947. On August 15, 1947, India became an independent Dominion. The old 'Executive Council' structure was replaced by a Council of Ministers, and the office of the Prime Minister of India was formally established. Since the Constitution of India was not yet written, the British Monarch remained the formal head of state, represented in India by the Governor-General (Lord Mountbatten). It was Mountbatten, as the constitutional head, who swore in Jawaharlal Nehru as the first Prime Minister of independent India Indian Polity, Historical Background, p.9. A common point of confusion for students is the role of the President. It is vital to remember that the Office of the President of India did not exist in 1947. India remained a 'Dominion' until January 26, 1950. During this interval (1947–1950), the Governor-General performed the functions that the President performs today, such as appointing the Prime Minister. It was only when India became a Republic in 1950 that Dr. Rajendra Prasad assumed office as the first President NCERT Class XII, Framing the Constitution, p.341.

Sources: Indian Polity, Historical Background, p.9; Indian Polity, Historical Background, p.10; A Brief History of Modern India (Spectrum), Post-War National Scenario, p.476; THEMES IN INDIAN HISTORY PART III (NCERT), FRAMING THE CONSTITUTION, p.341

4. Constitutional Role of the Governor-General (intermediate)

To understand the office of the Prime Minister, we must look at its birth during a unique transitional period. On August 15, 1947, India did not immediately become a Republic; instead, it became an independent Dominion within the British Commonwealth. This status meant that while British rule ended, the legal framework of the state still featured the Governor-General as the representative of the Crown and the formal Head of State Laxmikanth, M. Indian Polity, Historical Background, p.9. Under the Indian Independence Act of 1947, the role of the Governor-General underwent a radical transformation. He was designated as a constitutional (nominal) head, meaning his previous 'discretionary' powers were stripped away. He was now legally bound to act only on the advice of the Council of Ministers in all matters D. D. Basu, Introduction to the Constitution of India, THE HISTORICAL BACKGROUND, p.8. It was in this capacity that Lord Mountbatten, as the first Governor-General of independent India, appointed Jawaharlal Nehru as the nation's first Prime Minister.

It is important to distinguish the Governor-General's role in the Dominion of 1947 from his role under the previous Government of India Act of 1935:

Feature	Pre-1947 (1935 Act)	Post-1947 (Independence Act)
Nature of Power	Held 'discretionary' and 'individual judgment' powers.	Purely a nominal/constitutional head.
Accountability	Accountable to the British Parliament.	Acted on the advice of the Council of Ministers responsible to the Indian Legislature.
Appointment of PM	Appointed the Executive Council (not a PM in the modern sense).	Formally appointed the Prime Minister to lead the transition.

This arrangement continued until January 26, 1950. While Pakistan chose M.A. Jinnah as its first Governor-General, India requested Lord Mountbatten to continue in the role to ensure a smooth transition Rajiv Ahir, A Brief History of Modern India, Independence with Partition, p.496. He was later succeeded by C. Rajagopalachari, the only Indian to hold the office, until the post was abolished and replaced by the President of India upon the commencement of the Constitution.

Sources: Laxmikanth, M. Indian Polity, Historical Background, p.9; D. D. Basu, Introduction to the Constitution of India, THE HISTORICAL BACKGROUND, p.8; Rajiv Ahir, A Brief History of Modern India, Independence with Partition, p.496

5. Transition to the Office of the President (exam-level)

To master the evolution of the Office of the Prime Minister, we must understand the shift in who held the authority to appoint the PM during India's transition from a colony to a Republic. On August 15, 1947, India did not immediately become a Republic with a President. Instead, it was a Dominion under the British Commonwealth. Under the Indian Independence Act of 1947, the British Crown remained the nominal head, represented in India by the Governor-General. Consequently, it was the Governor-General, Lord Mountbatten, who exercised the constitutional authority to appoint Jawaharlal Nehru as the first Prime Minister of independent India. Laxmikanth, M. Indian Polity, Chapter 1, p.9 During this interim period (1947–1950), the office of the President did not exist. The Constituent Assembly was busy drafting the framework of the nation, led by Dr. Rajendra Prasad as its President. Rajiv Ahir, A Brief History of Modern India, Making of the Constitution for India, p.617. It was only on January 26, 1950, that India severed its formal link with the British Crown, abolished the office of the Governor-General, and established the Office of the President of India under Article 52. Laxmikanth, M. Indian Polity, President, p.201 This transition was significant because it moved the source of the Prime Minister's appointment from a representative of the British monarch to an elected head of the Indian state. Today, Articles 52 to 78 deal with the Union Executive, confirming that while the President is the head of the State, the Prime Minister is the head of the Government. Laxmikanth, M. Indian Polity, World Constitutions, p.697

Sources: Laxmikanth, M. Indian Polity, Chapter 1: Historical Background, p.9; Laxmikanth, M. Indian Polity, President, p.201; Rajiv Ahir. A Brief History of Modern India, Making of the Constitution for India, p.617; Indian Polity, M. Laxmikanth(7th ed.), World Constitutions, p.697

6. Executive Appointments: Then vs. Now (exam-level)

Understanding the evolution of how our Prime Minister and Council of Ministers are appointed is crucial for the UPSC because it highlights India's transition from a British Dominion to a Sovereign Republic. This journey is marked by two distinct phases: the transitional period (1947–1950) and the constitutional era (1950 onwards).

The "Then": The Dominion Phase (1947–1950)
Immediately after independence on August 15, 1947, India was not yet a Republic; it was a Dominion under the British Commonwealth. During this time, the office of the President did not exist. Instead, the Governor-General acted as the constitutional head of the state. Under the Indian Independence Act of 1947, the power to appoint the Prime Minister rested with the Governor-General, acting as the representative of the Crown Indian Polity, M. Laxmikanth, Historical Background, p.9. Consequently, it was Lord Mountbatten who appointed Jawaharlal Nehru as India’s first Prime Minister, along with a 15-member Council of Ministers Rajiv Ahir, A Brief History of Modern India, Challenges Before the New-born Nation, p.591.

The "Now": The Republican Phase (1950–Present)
With the commencement of the Constitution on January 26, 1950, the Governor-General was replaced by the President of India. Today, under Article 75, the Prime Minister is appointed by the President. While the President is the formal appointing authority, they are bound by the conventions of the parliamentary system, meaning they must appoint the leader of the party that commands a majority in the Lok Sabha Indian Polity, M. Laxmikanth, Prime Minister, p.207. Furthermore, the 91st Amendment Act (2003) added a critical modern safeguard: the total number of ministers cannot exceed 15% of the total strength of the Lok Sabha Indian Polity, M. Laxmikanth, Central Council of Ministers, p.213.

Feature	Then (1947–1950)	Now (Post-1950)
Appointing Authority	Governor-General	President of India
Legal Basis	Indian Independence Act, 1947	Constitution of India (Article 75)
Status of State	Dominion	Republic

Sources: Indian Polity, M. Laxmikanth, Historical Background, p.9; Rajiv Ahir, A Brief History of Modern India, Challenges Before the New-born Nation, p.591; Indian Polity, M. Laxmikanth, Prime Minister, p.207; Indian Polity, M. Laxmikanth, Central Council of Ministers, p.213

7. Solving the Original PYQ (exam-level)

This question tests your understanding of the constitutional transition between British rule and the birth of the Indian Republic. Having studied the Indian Independence Act of 1947, you know that India initially became a Dominion within the British Commonwealth. During this interim phase, the British monarch remained the titular head of state, represented in India by the Governor General. Therefore, when Jawaharlal Nehru took the oath of office on August 15, 1947, the legal authority to appoint him rested with (A) the Governor General, specifically Lord Mountbatten, acting under the provisions of the 1947 Act as the representative of the Crown.

To arrive at the correct answer, you must distinguish between political influence and constitutional authority. While Mahatma Gandhi and committees led by Dr. Rajendra Prasad (who chaired the Constituent Assembly) were instrumental in the freedom struggle, they lacked the formal legal power to appoint a Prime Minister. A frequent pitfall for students is selecting the President of India; however, remember that this office was only created on January 26, 1950, when the Constitution of India was formally adopted. As explained in Indian Polity by M. Laxmikanth, the Governor General served as the constitutional head of the state until India shed its dominion status to become a Republic, making any earlier presidential appointment chronologically impossible.