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THE UNION EXECUTIVE

The position of the Indian President is unique. He is the Constitutional head, nominal head
of the country. The system is similar to that of the King under the British Parliament. He is
only the symbol of the nation. He acts on the advice of the Council of Ministers and is
bound by their advice.
Election of the President:
The President is elected by a process called as Single Transferable Vote.
The Electoral College which consists of the elected members of the Parliament and the
legislative assemblies of the states, elects the President. Thus the President is elected
indirectly by a system of proportional representation.
Qualifications:
a. Should be Indian citizen.
b. Must be 35 year old or more.
c. Should not hold any office of profit under the government.
d. Must qualify to be the member of Lok Sabha.
Electoral College:
The President and the Vice President of India is elected by the Electoral College. The
Electoral College that elects the President consists of the elected members of the Lok
Sabha, The Rajya Sabha and the Vidhan Sabha of all the states. However, for the election
of the Vice-President Vidhan Sabha members do not vote.
Reasons for the Indirect Election of the President:
- A directly elected President could pose a challenge to the parliamentary form of
government.
- Indirect election s are inexpensive as compared to the direct elections.
- The President who is a Constitutional head needed to be fairly represented thus
elected members of Vidhan Sabha bring in the factor of representation.
- Indirect elections cuts down corruption.
Term: The President’s term is 5 years. However s/he may resign before the term ends or
can also be removed by a process of impeachment.

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Powers of the President:

a) Executive powers
- Administrative:- The executive powers includes the appointment of
o The Prime Minister of India
o The Council of Ministers
o The Attorney General
o The Comptroller Auditor-General of India
o The Judges of the Courts
o The Governors of the states
o The finance commission

b) Legislative Powers:
1. The President has the power to summon, prorogue and dissolve the Lok Sabha.
2. A Bill passed by both the Houses of Parliament becomes a law only after his
assent.
3. S/He nominates 12 members to the Rajya Sabha and 2 Anglo Indians tot the Lok
Sabha.
4. S/he can issue Ordinances when the Parliament is not in session.
5. In case of a deadlock the President calls for a joint session of the Parliament.

c) Discretionary Powers:
1. The President can use this power in the appointment of the Prime Minister when
no single party commands majority.
2. In the case of Council of Ministers is voted out and after resigning advises the
President to dissolve the Lok Sabha.
3. Can return the advice of the Council of Ministers once for its reconsideration.
4. Can veto a Non-Money Bill.

d) Emergency Powers
1. The President can declare three types of Emergencies viz. National Emergency,
State Emergency and Financial Emergency.
- Art.352: war, external aggression or armed rebellion.
- Art.356: Breakdown of Constitutional machinery in a state.
- Art.360: Financial crisis in the country

Effects of the Proclamation of Emergency:

1. It gives Parliament the power to make laws on subjects beyond Union list.
2. The fundamental rights guaranteed to the citizens are suspended.

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3. In the case of Constitutional Machinery Breakdown emergency, the President may

take over all the functions and powers of the State Government.
Parliamentary Control over the President (Executive):
- The Proclamation of Emergency ceases to operate unless it has been approved by
a resolution of both houses of parliament within a period of one month.
- In the case of extension of Emergency the Rajya Sabha must give its approval by a
2/3rd majority.
Impeachment:
Impeachment is a process of removal of the President from the office.
Causes:
- Doubts and disputes arising out of the election of the President.
- Violation of the Constitution.
- Malpractices
- Treason
Process:
1. The charge must be drawn by 1/4th of the members of either House of Parliament.
2. At least fourteen days’ notice period in writing is given to the President, signed by not
less than one-fourth of the total number of members of the House.
3. The resolution has been passed by a majority of not less than two-thirds of the total
membership of the House.
4. After the investigation the other House too must pass 2/3rd majority in favour of the
charges and therefore the resolution.

The Council of Ministers

Though India has a President as the Constitutional Head, we do not have the Presidential
form of government. We have a Cabinet or Parliamentary form of government.

Appointment:
The Council of Ministers are appointed by the President of India on the advice of the Prime
Minister. The Prime Minister selects from the elected representatives as his Council of
Ministers. Different portfolios/ departments/ offices are allotted to them. Non-elected
members appointed in the Council of Minsters must get themselves elected within a period
of six months.

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Composition:
Council of Minsters is the executive organ of the government led by the Prime Minister. It
consists of Cabinet Ministers, Ministers of State and the Deputy Ministers.
Tenure:
The Council of Ministers hold the office as long as they enjoy the favour of the President.
On losing the Vote of No-Confidence the entire Council of Ministers has to resign along with
the Prime Minister.

Functions/key roles of the Cabinet:

a. The Cabinet decides the general policies of the government.
b. The Cabinet determines the programmes of the government.
c. It prepares the text of the President’s address.
d. All major appointments though made by the President are actually decided by the
Cabinet.
e. The Finance Minister prepares the Budget of the nation.
f. It is responsible for the foreign policies.

Parliamentary control over the Cabinet (Executive):

- Members of Parliament can ask questions to the Ministers which have to be
satisfactorily answered.
- The House can discuss the Budget.
- The House can discuss the reports submitted by the Cabinet.
- The House can move token cut motion
- The House can move No-Confidence motion if needed.

Collective Responsibility:
- The Cabinet is collectively responsible to the Lok Sabha. Confidence
- If a vote of No-Confidence is passed against the government over a single ministry
then all the Ministers have to resign.

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- They sail or fail together.

- Decisions are made or taken collectively in the Cabinet’s meetings. All ministers
jointly share the responsibility for the government.
- There is no room for personal opinion or division among the Cabinet members.
Individual Responsibility
- Each and every Cabinet member is individually responsible to the President.
- They are individually responsible to the Portfolio assigned to them.
- Each minister is responsible to the Parliament regarding the working of his/her
department.

Comparison between the Council of Ministers and the cabinet

THE COUNCIL OF MINISTERS THE CABINET

It consists of all the three ranks of The Cabinet generally consists of Senior
Ministers : The Cabinet Ministers, The Ministers holding Cabinet rank and
Ministers of State and The Deputy important or heavy portfolios.
Ministers
The Council of Ministers is a large body, The Cabinet is a small apex cohesive
it meets occasionally. group which meets regularly.
The Prime Minister may not consult the The Members of the Cabinet are
Council of Ministers for taking consulted by the Prime Minister on
important decisions. every important issue of prime
importance.
In reality, it is not the entire Council of In day to day governance of the country,
Ministers that advises the President, it is the Cabinet that advises the
even though the Constitution assigns President.
this responsibility to it.

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The Prime Minister

The Prime Minister is the head of Government and leader of Union executive branch. Prime
Minister is the real head and is the overall in charge of the Union government for the tenure
of the government. S/he plays important role in framing of national policies. He is de facto
chairman of the Niti-Ayog which frames the economic policies of the nation. The Prime
Minster plays an important role in India’s international relations.
The Prime Minister is appointed by the President from among the majority party.
Position/Powers and Functions of the Prime Minister:
a. PM is the Head of the government.
b. The PM is the leader of the legislature.
c. PM selects the Council of Ministers. He can also remove any minister from the
Council of Ministers.
d. Prime Minister allocates the portfolios to the Union Ministers.
e. PM advises the President regarding the allocation of the portfolios.
f. PM is the Chairman of his Cabinet. S/he summons all its meetings and presides over
them.
g. PM is the connecting link between the Cabinet and the President.
h. It is on the advice of the Prime Minister that the President summons/ prorogues/
dissolve the Lok Sabha.

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