The Office of the Prime Minister of India has been created by:

The Constitution envisions a scheme of affairs in which the president of India is the head of state; in terms of Article 53 with office of the prime minister being the head of Council of Ministers to assist and advise the president in the discharge of his/her constitutional functions. To quote, Article 53, 74 and 75 provide as under. The executive powers of the Union shall be vested in the president and shall be exercised either directly or through subordinate officers, in accordance with the Constitution. — Article 53(1), Constitution of India. There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the president who shall, in the exercise of his functions, act in accordance with such advice. — Article 74(1), Constitution of India.