EXECUTIVE

CHAPTER-4

Q. What is an Executive?
A.The word executive is one of the pillars of democracy. It is a branch of government
that looks after the implementation of laws which are formulated by the legislature.

Q. What are the principle functions of the executive?

 Executive is the branch of government responsible for the implementation of
laws and policies adapted to the legislature.
 The executive is often involved in framing of policy.
 The executive branch also extends to administrative machinery.

Q. Define Bureaucracy.
A. The term bureaucracy has been derived from the word “bureau” which implies an
office or post. Bureaucracy can be referred to as a system of civil service where official
administration is divided in a hierarchical pattern. The main task of bureaucrats is to
implement the decisions taken by the political leaders of the government.

Q. Who is the leader of the cabinet?

A. The Prime minister is the leader of the cabinet.

Q. Who is the head of the state in India?

A. President is the head of the state.

Q. Who is the head of the government?

A. Prime minister is the head of the government of India.

Q. How the role of the Prime Minister has changed in India since 1990s.
A. The role of the Prime Minister has changed in India since 1990s because there is a
shift in India from the one-party dominant state to a multi- party state. Subsequently,
there is an emergence of a coalition government where the PM has to consider the
views of ally parties as well.

Q. Who was the first president to return the cabinet's proposal to impose
President's rule in U.P?
A. K.R. Narayanan was the first president to return the cabinet's proposal to impose
President's rule in Uttar Pradesh on October 22, 1997

Q. Do you agree that the President is only the constitutional head in India?
A. Yes, President is only the constitutional head in India. The President exercises all
powers on the advice of Prime Minister and the Council of Ministers.

Q. What is collective responsibility?

A. It means that if the vote of no- confidence is passed against one minister, the whole
ministry resigns. They all swim and sink together.

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Q. Mention the consequences of the national emergency.
A. During the national emergency-
1) Fundamental Rights of the citizens may be curbed or suspended.
2) Parliament can take over any subject mentioned in the state list for enactment.
3) The union government can issue directives to the states on any matters.

Q. Mention the difference between-

a) Parliamentary and Presidential form of government.

Parliamentary Presidential
1. In parliamentary system, the head of 1. In a presidential system, the president is
state is nominal, actual power are enjoyed the head of government and the head of
by the head of the government (Prime state.
Minister)

2. Executive is responsible to the 2. Executive is not responsible to the

legislature. legislature.

3. In the Parliamentary systems, the Prime 3. In the Presidential system, the President
Minister is most powerful. is most powerful.

4. In the Parliamentary system, the Prime 4. In the Presidential system, the President
Minister can appoint only the members of appoints persons from outside the
parliament as minister. legislature as minister.

5. In the Parliamentary system, the tenure 5. In the Presidential system, executive has
of the executive is not fixed. The Council of a fixed tenure normally, the executive head
Ministers is dismissed if it loses the (President) stays in power for the whole
confidence of the legislature before its term. It is not easy to remove him from
tenure is over. power through impeachment.

6. The executive is not separated from the 6. The executive is completely separated
legislature. The members of council of from the legislature. The members of
ministers are the members of legislature. executive are not the members of the
legislature.
7. Long procedure is adopted in taking 7. Quick decisions are taken as only one
decisions as prime minister along with his person has to take decisions. He/she is
cabinet takes decisions which needs more directly elected by people so he/she is a
and more time. E.g.- India kind of dictator.
E.g.- US

b) Political and Permanent executive

POLITICAL EXECUTIVE PERMANENT EXECUTIVE
a) Political executive are elected by the a) Permanent executive are appointed on
people. Example- Prime minister, council the basis of merits. Example- I.A.S, I.P.S,
of ministers I.F.S

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 b) They take all the major decisions. b) They work as civil servants under
political executive and assist them

c) They have more power as they are c) They provide expert advice to the
elected by the people ministers, comparatively they are not
powerful

d) They are responsible to the people d) These officers have the duty to assist
the political executives to run the country.

e) They remain in power till they enjoy the e) Their tenure of office is permanent.
confidence of the majority of member of They hold the office till their retirement.
parliament.

f) Ministers are head of different f) They are more experienced as they

departments but they do not have serve the same department till their
practical experience as their tenure is retirement.
uncertain.

SEMI- PRESIDENTIAL GOVERNMENT

In this system,
 President is the head of the state.
 Prime minister is the head of the government.
 President and Prime minister both are elected by the people.
 Prime minister and council of ministers are responsible to the legislature.

PRESIDENT

STATUS AND FUNCTION- He/ She is the executive head of India and exercise the
powers on advice of council of ministers.

ELECTION- Indirectly elected by an electoral college consisting of elected member of

both the houses of the Parliament (MP’s) and member of legislative assembly (MLA’s) of
all the states and two union territories- NCT of Delhi and Pondicherry.

QUALIFICATIONS- A President must be:

• A citizen of India
• Of 35 years of age or above
• Qualified to become a member of the Lok Sabha
A person shall not be eligible for election as President if he holds any office of profit
under the Government of India or the Government of any State or under any local or
other authority subject to the control of any of the said Governments.

STATUS AND FUNCTION- He/ She is the executive head of India and exercise the
powers on advice of council of ministers.

TENURE- 5 years

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 POWERS
1)MILITARY POWER_-
The President is the supreme commander of defense forces, has the power to declare
war and peace but before such declaration president needs approval of parliament.
2) EXECUTIVE POWER-
a) All executive actions of the government are taken in his/her name
b) He/she appoints high officials, Prime minister and other ministers, election
commissioner, the governor of a state, finance commissioner, members of UPSC
3) LEGISLATIVE FUNCTION-
a) A bill passed by the parliament (other than Money Bill) becomes a law after the sign
of President
b) Partial Veto- He/she can send back the bill to the parliament once, but if the bill is
passed again, he/she has to sign it.
c) If no party or coalition gets a majority in Lok sabha, the president can appoint a
leader who is in his/her view can get majority as prime minister and ask him/her to
prove the majority.
4) JUDICIAL POWER-
a) President appoints the judges of high court and Supreme court.
b) He/she has the power to grant pardon in all cases of death sentences.
5) EMERGENCY POWER-
There are 3 types of emergency power-
a) NATIONAL EMERGENCY (ARTICLE 352)
i) The President can declare emergency in the whole country or any part of it keeping in
view the security of the country.
ii) It can be issued by the written advice of council of ministers
iii) Fundamental rights (except Article 21- right to life) can be suspended
iv) It was declared in 1962, 1965 and 1971.
b) STATE EMERGENCY OR PRESIDENT’S RULE (ARTICLE 356)
i) If the state is not working according to the constitution then the governor can ask the
President to impose state emergency.
ii) During this emergency, the state legislative assembly is dissolved and the parliament
takes over its power.
c) FINANCIAL EMERGENCY (ARTICLE 360)
i) The president can declare financial emergency if there is a financial crisis in the
country or any part of it.
ii) It has never been declared so far.
6) FINANCIAL POWERS-
a) The annual financial statement (budget) is laid down before parliament only with the
permission of President.
b) He recommends the introduction of money bill and financial bill in parliament.
c) The president has control over the contingency (emergency) fund of India.
d) He places reports of Comptroller and Auditor General of India before the Parliament
and also the recommendations of Finance Commission.
7) DIPLOMATIC POWERS-
a) The President sends and receives Ambassadors and other diplomatic representatives.
b) All treaties and international agreements are concluded in the name of the president.

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 PRIME MINISTER

STATUS AND FUNCTION- Prime minister is the head of the government and also the
real head of the country.
APPOINTMENT-The prime-minister is appointed by the president but while doing so
the president is not having freehand. Only that person can be appointed to the office of
prime minister who is the leader of the majority in the Lok Sabha. After the general
elections the president invites the leader of the party to form the government.
QUALIFICATION- A prime minister must:
• Be a citizen of India.
• Be a member of the Lok Sabha or the Rajya Sabha. If the person chosen as the
prime minister is neither a member of the Lok Sabha nor the Rajya Sabha at the time of
selection, he must become a member of either of the houses within six months.
• Be above 25 years of age if he is a member of Lok Sabha or above 30 years of age
if he is a member of the Rajya Sabha.
Not hold any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of the said
Government.
TENURE- The prime minister is the leader of the victorious party. No term limits are
imposed on the office. He is in power till he enjoys the majority in Lok Sabha.

POWERS

1. SELECTION OF MINISTERS- a) He/she is free to choose the ministers

b) The minister should be a MP, if not, he/she should be elected to any one house of the
Parliament within six months
2. DISTRIBUTION OF PORTFOLIOS- Prime minister forms his council of ministers,
distributes portfolios (post of ministers) to them
3. PRESIDES OVER THE CABINET MEETINGS- Prime minister presides over the
cabinet meetings and maintain co-ordination. The PM prepares the agenda for the
meeting and as well as controls it.
4. LINK BETWEEN THE PRESIDENT AND CABINET- Prime minister informs the
President about the cabinet decisions.
5. APPOINTMENT OF THE HIGH OFFICIALS- the president makes appointments of the
State Governors, Ambassadors and members of UPSC only on the advice of the Prime
minister.
6. LEADER OF THE NATION- a) Prime minister is the leader of the nation.
b) People remain eager to listen to his views on all political and economic issues.

VICE PRESIDENT
The Vice-President is elected by an electoral college consisting of members of both
Houses of Parliament, in accordance with the system of proportional representation by
means of the single transferable vote and the voting in such election is by secret ballot.

FUNCTIONS OF VICE PRESIDENT

1. Chairman of Rajya Sabha
The Vice-President is the ex-officio Chairperson of the Council of States (Rajya Sabha)
thereby, presides over the meetings of the Rajya Sabha.

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2. Acting president of India
Vice President takes over the office of president when there is a vacancy because of
death of, resignation, impeachment of the president until a new President is elected.

REMOVAL OF VICE PRESIDENT

The Vice President does not have to be formally impeached, unlike the President of
India.
Vice President can be removed from his office by resolution of rajya sabha passed by
simple majority and agreed to by simple majority of lok sabha.

COUNCIL OF MINISTERS
Council of Ministers is the official name for the body that includes all the Ministers. It
usually has 60 to 80 Ministers of different ranks.

SIZE OF THE COUNCIL

91st amendment put a limit on the size of council of ministers. This amendment gave
that the council of ministers will not exceed 15 percent of total number of members of
house of people (or assembly in case of states).
THE COMPOSITION OF THE COUNCIL OF MINISTERS
(i) Cabinet Ministers are in charge of the major ministries. Usually the Cabinet Ministers
participate in Cabinet Meetings to take decisions in the name of the Council of Ministers.
Cabinet is thus the inner ring of the Council of Ministers.
As there are large numbers of members in council of ministers, it becomes difficult to
invite all of them to take important decisions so the cabinet of 12- 10 ministers is
formed. Usually outstanding members of the majority party of the Lok Sabha and those
who enjoy the confidence of the prime minister are given cabinet rank.
(ii) Ministers of States are given independent charge of a ministry but generally assist a
Cabinet Minister in running the ministry. They participate in Cabinet Meetings only
when specially invited.
(iii) Deputy Ministers are attached to and required to assist Cabinet Ministers or
Minister of State. They do not participate in cabinet meetings

• Since it is not practical for all ministers to meet regularly and discuss everything, the
decisions are taken in Cabinet meetings. That is why parliamentary democracy in most
countries is often known as the Cabinet form of government.

Q. Write a short note on Governor?

A. The governor of the state is appointed by the President of India. While appointing the
governor the President has to see the qualification mentioned in the constitution.
Though the formal appointment of the Governor is made by the president, yet actually
he is a nominee of the central cabinet.
The governor is the head of the state. All the laws are executed in his name and he is
responsible for the maintenance if law and order in the state. He appoints chief minister
and other ministers are appointed by him on the advice of the chief minister.

Q. Under what circumstances the president can use discretions/ discretionary

power?
a) Advice the council to reconsider its decision

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The PM informs the president about all decisions of the council of ministers. In the best
interests of the country, the President can ask the Council to reconsider the decision.
Although, the Council can still send back the same advice and the President would then
be bound by that advice, such a request by the President to reconsider the decision,
would naturally carry a lot of weight.
b) Partial and pocket veto power-
He/she can send back the bill (other than Money Bill) to the parliament once, but if the
bill is passed again, he/she has to sign it. However, there is no mention in the
Constitution about the time limit within which the President must send the bill back for
reconsideration. This means that the President can just keep the bill pending with him
without any time limit. This gives the President an informal power to use the veto in a
very effective manner. This is sometimes referred to as ‘pocket veto’.
Pocket Veto was used in 1986 by the then President Zail Singh in the Postal Bill. The
president did not assent the bill by arguing that the scope of the bill was too sweeping
which would give the government arbitrary powers to intercept postal communications
indiscriminately.

c) Hung Parliament-
He /She can use his/her discretion in appointment of the Prime Minister when no party
or coalition gets a majority in the Lok Sabha. The president can appoint a leader who is
in his/her view can get majority as prime minister and ask him/her to prove the
majority.

Q. What is the procedure for impeachment of the President?

A. According to Article 61 of the Indian Constitution provide the procedure of
impeachment of the President.
The charge against impeachment regarding violation of the constitution can be made in
either house of the Parliament.
The method of impeachment-
a) The charges regarding the removal of the President should be signed by at least one-
fourth of the total number of members of the House.
b) 14 days notice should be given to the President before the resolution is moved
further.
c) If the house passes the resolution by 2/3rd majority, it is referred to the other house.
d) At this time, the President has the right to defend himself either in person or through
his lawyer.
d) If the other house as well passes the resolution by 2/3rd majority, the President is
removed from his office the day the resolution is passed.
e) The assent of the President is not required.
f) There can be no appeal against the impeachment in any court of law.

Q. '' The Prime Minister is first among equals ''. In the light of this statement
describe the role of the Prime Minister.
A. In the words of Lord Morley '' Prime Minister is first among equals ''. The relationship
shared between Prime Minister, President; Parliament and the Council of Ministers.
Prime Minister and the President –
a) The President is the constitutional head of the state, he possesses all constitutional
powers, but in reality all the powers are enjoyed by the Prime Minister and his cabinet,
who is the real head of the state.

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b) The President appoints the key officials on the advice of prime ministers.
c) In case there is no clear majority in the state legislature, PM after consulting his
cabinet gives advice to president in declaring president’s rule in the state.
d) The PM informs the president about all decisions of the council of ministers.

Prime Minister with the Parliament-

a) He acts as a link between the Cabinet and Parliament.
b) He is the chief spokesman of government in the Parliament.
c) He is the leader of the majority party in Lok Sabha.
d) He makes policy announcements.

Prime Minister with Council of Ministers-

'' The Prime Minister is first among equals '' and occupies an important position.
a) After being appointed as Prime Minister, he/she selects the members of the Cabinet
and allocates duties among his ministers.
b) He summons and presides over the meeting of the Cabinet.
c) He can remove a minister by demanding minister’s resignation or can get him
dismissed by the President.
d) As a leader of the majority party of Lok Sabha, he is responsible to Lok Sabha for all
his activities.
e) As a head of the government, takes all the important decisions.

Q. Why the prime minister of a coalition government cannot take decisions as he

likes?
A. In the recent years the rise of coalition politics has imposed certain constraints on the
power of the Prime Minister. The Prime Minister of a coalition government cannot take
decisions as he likes.
 He has to accommodate different groups and factions in his party as well as among
alliance partners.

 He also has to heed to the views and positions of the coalition partners and other
parties, on whose support the survival of the government depends.