CHAPTER 5

Executive in India

Meaning of the Executive

Functions of the Executive
Different Types of Executive
Parliamentary Executive in India
The President of India
Position and Powers of the President of India
Actual Position of the President
The Vice-President of India
The Prime Minister of India
The Council of Ministers
Ministerial Responsibility
Control of Parliament(Legislature) over the Cabinet (Executive)
Permanent Executive: The Bureaucracy
Should India have an Elected Administration?

The Executive is regarded by the common man as

the most
Government. In fact, he identifies it with the 'Government' itself.important organ
of the
The reason being that
the Head of the Executive is also the Head of
the State. He
authority of the State. symbolises unity and

MEANING OF THE EXECUTIVE

The term 'Executive' is used in a broad sense to indicate
the branch of government
responsible for the implementation of laws and policies made by the legislature. In
this sense, it includes not
only the Head of State (ThePresident, King the Chancellor)
or
but also the ministers,
governors and the whole mass of administrators who constitute
the bureaucracy or the "Civil Service". In
fact, the subordinate officers and employees
of the government also form a
part of the executive structure. In a narrower sense, tne'
term 'Executive' is used to describe the smaller
body of decision-makers, often called
"the political executive" that consists of the Ministers in
India and Secretaries in the
United States.

A-106
 Executive in India
FUNCTIONS OF THE A-107
Broadlyspeakir the
e
powers and
functions of the
EXECUTIVE
Execu ensures that decisions Executive are as follows:
The and
policies of the
Out.

re
Executive has
some share in the
son
government are carried
carried
The
TheParliamentary
with
the Parliamentar form of
in the Parliament by the Ministers.
process of legislation
government most Bills well. In countries
as
are
introduced and defended
Anot
er imnortant function is the
conduct of relations
Anopments of different
and agreements of
types with
concluded the other States. Treaties
are
the Prime Ministers). by Executive (Presidents or
In all cautntries, the Head of the State is also
1l
the Supreme Commander of country's
armed torces.

dia as well as in England the Budget is

Finance Minister.
presented to the Parliament by the

DIFFERENT TYPES OF EXECUTIVE

are many ditterent types of executive.
There
Parliamentary Government: In countries with parliamentary system of government
the executive work is carried out in the name of the Head of State (the Crown or
the President), but his powers are only nominal or
ceremonial. The real executive is the Council of
Ministers headed by the Prime Minister. The
notable examples of the Parliamentary system are
Britain, India, Canada and Japan.
2. Presidential System: Under Presidential System, on
the other hand, the Head of the State (President)
exercises real power. He is both, the Head of the
State as well as the Head of the Government. Cabinet
Ministers (the Secretaries in the United States) are
merely Presidential advisers. It is the President and
the President alone who is responsible for central
administration. Following the example of the United
Thomas Jefferson (1743-1826)

States. He was an ardent advocate

mas Jefferson was the third President of the United the Presidential Government
characterises
e principle of Separation of Powers that distribution of its powers
government is certainly a
, t h e first principle of a good
branches. The powers of the governmentshould
LEXeCutive, judiciary and legislative that no one could transcend
several bodies... as
avided and balanced among
their legal limits."
 A-108 Indian Constitution at Work-XI
States, a large number of Latin American States-Brazil, Bolivia, Costa Rica an
Peru-and a few other countries such as Philippines have opted for this form
and
of
government. In a Presidential system of government the P'resident and the Legislat.."
are independent of cach other in respect of their term. The President of the Jnited
States has no power to dissolve the House of Representatives.
3. Semi-Presidential System: Russia set up a semi-presidential system of governmen
ment.
The Constitution of Sri Lanka (1978) also introduced a system of semi-presidential
executive. Sri Lanka has a directly elected President, who has extensive powers
under the Constitution. He appoints the Prime Minister who is drawn from the
the
Parliament and is accountable to it. The balance of powers between the Presiden
and the Prime Minister in Sri Lanka depends upon the party composition of both
institutions; whether they both belong to the same party or to different political
parties.

PARLIAMENTARY EXECUTIVE IN INDIA

We have a Parliamentary government both at the Centre and in States. Recent events
had brought to the fore some problems which we did not experience earlier. One of
these problems related to political instability, because we have failed to evolve a
two
party system. Since 1989 we had been having a "Hung Lok Sabha", since no single
party was able to secure a clear majority in House.
The 16th General Election (2014) marked a turning point in the history of our democratic
polity. There was a clear verdict in favour of a single political party (the BJP) after a
gap of nearly 30 years. It was in the year 1984 that the Congress, under Shri Rajiv
Gandhi (1984-1989) could have a landslide victory. The BJP's winning margin in 2019
was
higher than it was in 2014. At this time the BJP won some 303 Lok Sabha seats.
Why did India Adopt the Parliamentary
System of Government?
Suggestions are sometimes made to adopt Presidential system as it is in vogue in USA
or to shape our
polity on the pattern that prevails in France. In this connection we
would wish to make four observations.
First, in a Presidential System the President is "the
personification" of the governmental
power. One cannot, therefore, rule out the chances of the Presidential
becoming essentially an authoritarian regime. Framers of the Indian Constitution government
favoured an Executive (Government) that should be
in the Parliament.
responsible to people's representatives
Second, in a large country like India Presidential Election
of all citizens is bound to
by means of a direct vote
cause much disorder.
 Executive in India
llustrating the
A-109
Difterences Between
Presidential Systems of Parliamentary and
Government
Parliamentary System
Minister and his
Presidential System
The Prim colleagues The
President, as is the case in America, is
the Real Executive.
constitute the Real Head of
the Executive.
Prime
and
Minister and
Minister oth
other Ministers are The Ministers (or the
The Secretaries
of the Legislature. all called in
as they
Members
Mer

America) cannot
in the Legislature. have a seat

of
Council of
The Council Ministers is Collectively Members of the Cabinet are
Responsible to the Legislature, to the Legislature.
Not Responsible
The Lower House
ar
(Lok Sabha) may be President cannot dissolve any of the
dissolved before it completes its term by
issolved
Houses.
the President.

TheCabinet may be overthrown any at The Legislature has no power to pass

by a Vote of No-confidence of the Motion of No-confidence in the Cabinet.
time
House.

Third, Indian leaders had experience of the working of the parliamentary govermment
in the Provinces under the Acts of 1919 and 1935. They were also impressed with
Fnelish political institutions. Therefore, they naturally adopted the parliamentary system
of government.
Fourth, this system has very well stood the stresses and strains of time. In fact,
there is no harm if two or more parties agree on a common programme and come
to form a coalition when no single party has a majority in the
government,
together
House.

THE PRESIDENT OF INDIA

and the First
ThePresident is the Head of the Executive. He is also the Head of State
Citizen of the country.

Election of the President of India

extend both to the Union
ne President is theHead of the Indian Union. His powers
as State governments. Therefore,
in Presidential election not only
AD ent as well President is elected by the members of
an Electoral
Dut MLAs also have a voice. The the
members of both Houses of Parliament; and (6)
e Consisting of (a) the elected ballot
Assemblies of the States. Election is by secret
embers of the Legislative
a by means of Single
Transteraole
ng to the system of Proportional Representation
Vote System.
 A-110 Indian Constitution at Work-XI

Single Transferable Vote System

Under this systenm every voter may mark on the ballot paper as many Drof
there are candidates. Thus the elector shall place the figure I opposite the name
ne
candidate whom he chooses for his first preference and may mark as many prefer"e
as he wishes by placing the figures 2, 3, 4 and so on opposite the names of
candidates.
A t the first count only first preference votes would be considered.
I f any of the candidates received votes equal or greater than the Quota, that
that can
candidate
is declarcd elected.
In case no candidate secured the fixed quota of votes, the candidate with the
number of votes would be eliminated. His votes are transferred to those for
the voters have indicated second preference.
This process will be repeated as often as necessary, until a candidate with a uota
found out or there is only one continuing candidate.

A Hypothetical Illustration
Suppose the total number of valid votes is 10,000 and there are four
candidates A.B.C
and D. The Quota in the given case will be 5,001. Let us assume that the
division of
first preference votes is as follows:
A B C D
4000 3000 1000 2000
Since no candidate has secured the requisite Quota, 'C' would be
declared defeated
and his votes would be transferred to the
remaining candidates according to the second
preference marked on them. Supposing by second preference A gets 200, B 700 and D
100. Now the position would be as follows:
A 4000200 4200
B 3000700 = 3700
D 2000+ 100 = 2100

Still none gets a clear

majority. So, the candidate 'D' will be eliminated and his votes
would be transferred to A and B
according to the next choices expressed on the ballot
papers (second preference votes in respect of 2000 voters and third preference votes in
respect of 100 voters). Supposing, out of 2100 votes, 600 go to A and 1500 to B. The
result would then be as follows:
A 4200+ 600 = 4800
B 3700+ 1500 5200
Since B's votes exceed the Quota, he shall be declared elected.
 Executive in India A-11
Term of Office

lont
The President holds office for a term of 5
Thewriting to years and is
the
o the
Vice-President, resign his office. His
cligible for re-election. He
may,
bythe Vic resignation
byVice-President to the Speaker of the Lok Sabha. has to be
communicated
2017 Presidential Election
The
Nath Kovind
Shri
Kovind, the BJP-led
Ram Nath NDA's
candidate won the Presidential
Shra017. He defeated
2 0July 2017 the Congress
nonminee Shrimati Meira election on
20 at 293
Kovind got 2930 votes that had a total value of Kumar. Shri Ram Nath
Kumar could muster
7,02,044 (65.65"%), while Shrimati Meira
only 1844 votes that had a total value of 3,67,314
(34.35)
SHRI RAM NATH KOVIND
A PROFILE
Before joining politics, Shri Ram Nath
Kovind practised as an advocate at the
Delhi High Court. From 1982 to 1984 he
was the Union
Government Counsel in
the Supreme Court. Shri Kovind was
elected twice to the Rajya Sabha, in 1994
and again in 2006. For about two
years
Shri Ram Nath Kovind being administered (August 2015-June 2017) he was the
the Oath of Office of the President of India Governor of Bihar. In June 2017 the NDA
by the then Chief Justice of India, selected him as their candidate for
Justice J.S. Khehar on 25 July, 2017. Presidential election.

Procedure for Impeachment

The President can be removed from his office for violation of the Constitution by
Impeachment. The resolution to impeach the President may be moved in either House
of Parliament. The resolution must be passed by a Special Majority (a majority of not
less than two-thirds of the total membership) of that House. Then the charges levelled
against him are investigated by the other House. If the charges are sustained by a two-
thirds vote in the other House as well, the Impeachment succeeds. The President is
removed from his office from the date on which the resolution is passed.

POSITION AND POWERS OF THE PRESIDENT OF INDIA

he powers of the President may broadly be discussed under the following heads.

*Xecutive Powers: The Constitution says that the "executive power of the Union
Shall be vested in the President". The Prime Minister is to be appointed by the
of the
resident and the other Ministers are appointed by him on the advice
A-112 Indian Constitution at Work-XI
of India
Prime Minister. The President appoints the Attorney-General
of India, the judges of the Supreme Cothe
Comptroller and Auditor-General and Ambassadors.
rt and
Governors
those of the High Courts, the
The President is the Supreme Com
2. The Military and Diplomatic Powers:
the power as to declarations of Ader
of the Defence forces of India and has Var and
Peace. The President has the power of appointing Indian representatives ahr
tives abroa
President receives ambassadors, High Commissioners and diplomatic envovs
from
other countries.
3. Legislative Powers: The P'resident is an integral part ot the Union Parliament
ner ht.
.The President has the power to summon and prorogue the Houses of Parliam
ment
and to dissolve the Lok Sabha.
The President addresses both Houses of Parliament assembled together at the
first session after each General Election and at the commencement of the first
rst
session each year.
.The President is empowered to address either House or their joint sitting at anv
ny
time.
.Every Bill to become law requires President's assent. The President may give
assent to the Bill or may refuse the assent. President can also send it back for
reconsideration, if it is not a Money Bill. In case the Bill is passed again by
both Houses of Parliament with or without amendment, the President must give
his assent thereto.
The most important power of the President is the power to promulgate Ordinance
under Article 123. The Ordinance has the same force and effect as an Act of
Parliament.
4. Judicial Powers: The President has the power to grant pardon or reduce the
punishment that a person receives. A pardon may be absolute as well as conditional.
The pardoning power "exists to afford relief from undue harshness." The President
is not answerable to any Court for the exercise of the powers and duties of his
office. No criminal proceedings shall be instituted against the President in any
Court during his term of office.
5. Emergency Powers: An Emergency is "a sudden or unforeseen situation demanding
immediate action." It is a situation in which the Head of State assumes extraordinary
powers. President of India is empowered to declare Emergency in the following
three conditions:
(1) Emergency caused by War or External Aggression or Armed Rebellion. 1nis
may be referred to as "National or General Emergency";
(i7) Emergency on account of the failure of Constitutional Machinery in States
and
(ii) Emergency on account of a threat to Financial Stability of India.
 Executive in India
second
kind
of

mergency
arises when the A-113
The
President may assume all or Constitutional machinery of a
vn. The Pr
dowThat
r t a k sd o u

Thatis why it Is
is any of the functions State
o f
t h eS t a t e

of
popularly
.

known
auences as the
of the
Government
The consequer the
imposition of the imposition
President's rule
of the
"President's
Rule Legislati Assembly ly of the State are as
follows:
Leowers of
of the State
may be dissolved or
shall be Legislature
exercised by
suspended.
the
In that case
(i) The Pres sident may vest all executive Parliament.
functions in the
Governor.
has been used more
This power
hundred times during the
Presidents of India
than a h u Name
o f the for about
Constitution Tenure
rking Dr. Rajendra Prasad
The first instance of the
decades 1950-1952
s/N was in 1951 in Dr. S. Radhakrishnan
sident's iRule
sident's Punjab. 1962-1967
the President's rule has Dr. Zakir Husain
gne then almost in all the States
Since then
1967-1969
imposed
heen
Sh. Varahagiri Venkatagiri
time or the other 1969-1974
at one Sh. Fakhruddin Ali Ahmed
President's Rule in a State can 1974-1977
Sh. Neelam Sanjiva Reddy
continue only for a year. It 1977-1982
normally
be extended beyond one year Sh. Giani Zail Singh 1982-1987
may
namely,
under two conditions, Sh. R. Venkataraman
onl 1987-1992
Proclamation of Emergency
(a) when a Dr. Shankar Dayal Sharma 1992-1997
in the whole of India
is in operation
Sh. K.R. Narayanan
or in any part of the State, and (b) the 1997-20002

Election Commission certifies that Dr. A.P.J. Abdul Kalam 2002-2007

holding elections to the Legislative Smt. Pratibha Devisingh Patil 2007-2012
Assembly of the State is difficult. But 2012-2017
Sh. Pranab Mukherjee
no such Proclamation shall remain in
force for more than three years. Sh. Ram Nath Kovind 2017-till date

ACTUAL POSITION OF THE PRESIDENT

"shall be vested in the President,"
nough Constitution says that the executive power
our
Executive or the real Head ot
the
the ndian President is not going to be the Chief
Executive like the American President.

The President is the Nominal or

Constitutional Head of the Government Ministers with the
shall be a Council of
74 of the Constitution says, "There the exercise
UCle advise the President who shall, in
and
ne Minister at the head to aid with such advice." The founding-fathers ot the
of accordance of
unctions, act in government. Our
President is Head
parliamentary
t i o n , thus, established a
 A-114 Indian Constitution at Work-XI

Read the following News Report published in the Times of India, October 8, 200e

Bihar dissolution
unlawlul, says SC
But Allows Poll ProcessTo Go Ahead e Embarrassed Lentre Nay
Make Buta Fall Guy NDA Rushes To Cash In On Vindication'
TiMES NEWs NeTwORK

New Delhi: The Supreme Court on

Friday delivered a major blow to the
Manmohan Singh government by
Law versus Justice
declaring "unconstitutional" the
decision to dissolve the Bihar as THE RULING The proclamation dissohving the
sembly on May 23 just when NDA
was on the verge of securing major. legislative assembly of Blhar ls unconstitutiona
ity support.
The top court, however, decided
not to revoke the dissolution of the "Desplte unconstitutionality..the present is net
case where in exercise of
House, and showed the green light
tothe four phase elections begining discretionary Jurisdict
October 18. the status quo ante deserves to be ordered"

the State but not of the Executive. The President is

required to exercise these powers
on the aid and advice of the Council
of Ministers. The Forty-Fourth Amendment Act
(1978) empowers the President to send the advice received from the Council of Ministers
back to them for reconsideration. However, the President is
with the advice tendered after such reconsideration. All
obliged to act in accordance
Proclamations of Emergency
have to be laid before both the Houses of Parliament. The
President can be removed
from office for violation of the Constitution
by Impeachment.
It can, thus, safely be
presumed that the President will have to act according
to the
advice of his Ministers.

Discretionary Powers of the President

It does not, however, mean that the President is a
mere figurehead. The President
has
a right to be informed of all important matters and deliberations of the Council or
Ministers. Moreover, there may be situations when the President has to exercise discretio,
i.e., to use his/her judgement to decide what to do.
1. The President may require the Council of Ministers to reconsider its Advice: We
have already seen that the President may the Council of
require Ministers
 Executive in India
A-115
reconsidTerits advice. In 1997 the President K.R.
o ft h e t h e n United Front Cabinet for Narayanan
imposition
rayanan
of
returned a recommendation
a
The Union Ca
The
Cabinet had to
finally take back the President's Rule in Uttar Pradesh.
hecome Act
A step.
2 A Bill to
become an
requires President's Assent:
liament it shall be presented When a Bill has been
his assent. The passed
to the
bythe
assent to the Bill or President for
may giv may retuse his assent. President
may consideration.
for reconsideratio There is no time limit President may also send it
back
for
: The President Shri Zail giving
assent to a Bill.
Veto Singh withheld his assent to the Postal
it seemed to curtail the freedom of the Bill,
because
Press. According
to the
of the Bill, any
postal article or
articles, in the course of provisions
nted detained by the government, in the interests of
intercept
or transmission, could be
sident did not send the above Bill back to Parliament
public safety.
for reconsideration
in the meantime the Lok Sabha had been dissolved. The
and
Bill lapsed and could
r er become
become a law. Had the President sent the
Bill back for reconsideration and
Lod
had it been passed again by the Parliament, President could not withhold assent
the
to the Bill a second time. This means the President can veto a
Bill, although it
should be called a "Limited Veto'.
President's Right to appoint the Prime Minister: A situation may arise when after
3.
a Prime Minister has resigned several leaders stake their claim to succeed him, but
none of them enjoys majority support in the House. The President will have to
make a judicious decision under such circumstances. On 17 April 1999 the then
Prime Minister Shri Vajpayee had submitted his resignation. The President asked
the Congress President Smt. Sonia Gandhi to explore the possibility of forming a
new government at the Centre. She expressed her inability and in this situation
President Shri. K.R. Narayanan dissolved the Lok Sabha on 26 April 1999.
Such a situation may also arise as a result of a General Election in which no

single party has a majority in the Lok Sabha. Under such extraordinary situations
the President has the authority to use his judgement to decide what to do.
President
Founding fathers of the Constitution had expressed the hope that the
India and abroad."
Would be "a good man, who will have authority and dignity in
President's influence over the entire administration can
be very effective if he
acts always with complete
forgets all his past political affiliations and
impartiality.

THE VICE-PRESIDENT OF INDIA

Lonstitution provides for a Vice-President whose office is comparatively insignificant.

to
However, he continues
term of office of the Vice President is five years.
Omal office. The Vice-President may
be removed
hold
Ce until his s u c c e s s o r enters upon his
members and agreed
to
EsOlution of the Rajya Sabha passed by
a majority ofits
 Work-XI
A-116 Indian Constitution at

noted that there

by the Lok Sabha. It should be
of the
IS no provision for the Inmpeachment
Vice-President.

Election of Vice-President
Vice-P'resident is
Method of election of the
in as much
ditterent trom that of the President,
no part in it. He
as
the State Legislatures have of
is elected by an Electoral College consisting
Parliament.
the members of both Houses of

Powers and Functions

Constitution conters upon the Vice-President
the following functions and duties:

(1) The normal function of the Vice-President

is to act as the ex-officio Chairman of the
Rajva Sabha. As Chairman of the Rajya
Sabha he regulates debates and
proceedings of the House.
(ti) The Vice-President will take over the
Office of the President normally under
these situations: (a) death of the
President, (b) resignation of the
President, (c) removal of the President,
and (d) when President, owing to
absence, illness or any other cause, is
unable to discharge his functions. In
The Prime Minister Shri Narendra
Modi
Congratulated Shri Venkaiah Naidu on his
election as Vice-President of India on
5 August, 2017.
The BJP-led NDA candidate got elected
India's 13th Vice-President on 5
August,
2017. He got 516 votes while the
Congress-led Opposition candidate Shri
Gopalkrishna Gandhi could muster only
244 votes. Shri Naidu had earlier served
as BJP President and had held various

the event of the President's portfolios as a Union Minister. He had

death,
resignation or removal, the Vice- been a four time member of the Rajya
President acts as President untila new Sabha.
President is elected and enters
upon
his office.

THE PRIME MINISTER OF

INDIA
The Constitution
provides that "there shall be a Council of Ministers with the
Minister at the head to aid and
advise the President." Here the word 'shall'
Prin
that the President cannot
furnction indicat
without the Council of Ministers. The President s
the Nominal or Constitutional
Head of the
Prime Minister. "He is the government, but the active Head is u e
pivot which the
on
Jawaharlal Nehru described him as "the Linchpinwhole Constitutional machinery ru
of Government". Some writers
that the Prime Minister was 'Moon thoug
among the Stars'.
 FExecutive in India
intmment of the Prime Minister 117
Appo.

Minister
T h el ' r i n eM i n i s t e is appointed by the President
are appointed
and
h
theother/ Ministers by the President on
the Prime Minister. In
udrice
of

the President. The

reality, this is
e power of
the
ormal Prim
l
onlya

leader
is thhe
of the Party or Coalition
which
in ster sa majority
in the Lok
Sabha. In appointing
l'rime
inister, the l'resident has very little power
the
a personal
choice
aking
f
can,
hOwever, arise when the Prime Minister Sh. Narendra
C i r c u m s t

Modi
P'resident 1have
to exercise his
may discretion, for example, when
8 e s a cle 1aiority in the Lok Sabha. In recent times such a none of the parties
situation arose in 1996
1998.
in 1998 In 2004 Shri Manmohan
and again Singh was invited to form the
because ther
other allies and the Lett group declared their government
support to the Congress nominee
tor
nme Minister's post. He formed the government again in 2009 in alliance with a
few other parties.

2014 the BJP-led NDA (National Democratic Alliance) came to power, but Narendra
Modi's Government was ditterent from the previous Coalition Governments. In 2014
the BIP alone could secure 282 out of the 543 elected seats in the Lok Sabha. It was a
decisive Verdict favouring Narendra Modi as the Prime Minister of India. In 2019 the
of seats to 303, historic win by all
BIP improved its tally accounts.
a

Position and Powers of the Prime Minister

We may assess the position and powers of the Prime Minister under the following
heads:
1. Prime Minister and the President: Prime Minister is the
link between the Cabinet
and the President.
to the President through the Prime
The decisions of the Cabinet are conveyed
Minister. It is he who keeps him informed on all matters of government.

I n appointing and removing the

of the
High officials the President always Alladi Krishnaswamy Aiyer, one
Constitution,
acts on the advice of the Prime founding fathers of the
remarked, "The President will have
Minister. truly
understood as the President
2. Prime Minister and the Cabinet:
necessarily to be
Ministers." Any
acting on thhe advice ofhis Constitution
Prime Minister has a pre-eminent other interpretation
of the
ot
position in the Government. He is will convert o u r Parliamentary forn
system
into a Presidential
the key-stone of the Cabinet Arch." gOvernment
by the
No provision is made in the which was positively rejected
onstitution for the appointment or Constituent Assembly.
rerent categories of Ministers such
A-118 Indian Constitution at Work-XI
as Ministers of the Cabinet rank, Ministers of State and Deputy Ministers, TH.
Constitution leaves the Prime Minister at liberty in these matters. The
Size of the Council of Ministers: As regards the size of the Council of Ministor
the Constitution 91st Amendment Act (2003) stated quite categorically that the to
total
number of Ministers, including the Prime Minister, shall not exceed 15 per cent
of
the total number of members of the House of the People (the Lok Sabha).
Prime Minister's Powers in relation to the Cabinet: Prime Minister is the recognisod
leader of the Cabinet.
In the words of Dr. B.R.
The Prime Minister presides at the Ambedkar.
"collective responsibility can be achieved
Cabinet meetings. He decides the
only through the instrumentality of the
agenda and chooses the order in Prime Minister....Collective responsibility
which items on the agenda will be is enforced by the enforcement of
discussed. two
principles. One is that no person shall
At Cabinet meetings, the Ministers be nominated to the Cabinet
except on
put forth their views. The Prime the advice of the Prime Minister.
Secondly,
Minister would listen to them and no person shall be retained as a
member
then give his own conclusion, which of the Cabinet if the Prime Minister
says
normally is the decision of the that he shall be dismissed
Cabinet.
I n foreign, defence, economic and
technological affairs, he plays a
special role
in co-ordinating the policy of the Government.
The Prime Minister's resignation means the resignation of the whole Council of
Ministers.
3. Prime Minister Inside the Parliament: In his
relations with Parliament also, the Prime
Minister occupies a unique position.
I t is on the advice of Prime Minister
that the
President summons and prorogues Parliament
and dissolves the Lok Sabha.
The Prime Minister is the
"principal
spokesman" and defender of the Government
Prime Minister Sh. Narendra Modi
in Parliament. It is the Prime
Minister who makes all important The Prime Minister Narendra Modi on
announcements of national policies 17 July, 2020, pressed Member-states ot
on the floor of the House. the United Nations to use the challenges
.There are issues like the caste wars posed by the Covid-19 pandemic to
reform the Global Multilateral System.
or comnmunal riots,
corruption by He said, "lndia will play its role in full
people in positions of authority,
support of the UN Agenda with our deep
price-rise and atrocities on women
concern to maintaining global harmony."
and Dalits over which members lose
 Executive in India
Prime Ministers A-119
of India
Name
Sh. Jawaharlal Nehru Tenure
August 15, 1947-
sh. Gulzarilal Nanda
May 27, 1964
May 27, 1964
Bahadur Shastri June 9, 1964
sh. Lal June 9, 1964
Sh. Gulzarilal Nanda
Jan. 11, 1966
-

Jan. 11,
1966- Jan. 24, 1966
mt. Indira Gandhi
Jan. 24, 1966-
Sh. Morarji Desai
March 24, 1977
March 24, 1977
Sh. Charan Singh
July 28, 1979
July 28, 1979
Smt. Indira Gandhi
January 14, 1980
January 14, 1980 October 31, 1924
-

Sh. Rajiv Gandhi

October 31, 1984
December 2, 1989
Sh. Vishwanath Pratap Singh
December 2, 1989- November 10, 1990
Sh. Chandra Shekhar
November 10, 1990- June
21, 1991
Sh. P.V. Narasimha Rao June 21, 1991
May 16, 1996
Sh. A.B. Vajpayee May 16, 1996 June 1, 1996
Sh. H.D. Deve Gowda June 1, 1996 April 21, 1997
Sh. 1.K. Gujral April 21, 1997 March 19, 1998
Sh. A.B. Vajpayee March 19, 1998 -May 22, 2004
Sh. Manmohan Singh May 22, 2004-May 26, 2014
Sh. Narendra Modi May 26, 2014-Till Date

their temper. If an ugly situation arises in any of the Houses, the matter generally
ends with the intervention of the Prime Minister.
4. Prime Minister Represents India at International Conferences: There take place
SAARC nations. The
Conferences of executive heads of Non-aligned nations and of
etc. At
leaders meet to discuss matters such as trade, the world economy, peace,
Such Conferences India is represented by the Prime
Minister. He has the power to
commit India to the performance of certain international obligations.

Position of the Prime Minister

to him tor
leader of the nation. The Nation looks
Minister is the recognised
e qualities. No wonder
that many writers
personal
his
ha l e may inspire people by Government as Prime Ministerial
have Parliamentary
the
drted referring to authority of the Prime
Minister is
Government the
nment'. But in a Coalition
Weakened owing to the following factors:
 A-120 Indian Constitution at Work-XI
First, in the event of a Hung Lok Sabha (when no single party secured a
in the House) the President had to play a major role in the selection of thorty
Minister. Prime
Second, the conflict between coalition partners prevents bold policy injitiai.
the part of the Prime Minister. In other words, the Prime Minister does not ha.nveson
decisive influence on the government's domestic and foreign policies. Decision ma
is shared by leaders of many groups and parties. It leads to the decline of
of the p
ecline making
the Prirm
Minister's power, rights and authority.
Third, conflicts between coalition partners tend to produce political instahit.
Sometimes, the desire to save the government from faling affects Prime Minjste bility
strongly that he is unable to think of anything else.
Fourth, there are some other checks also on Prime Minister's authority. The Oppositi
would never miss an occasion to grill the Prime Minister. The Press and
ition
public nion
also act as effective checks on Prime Minister's power and authority.

THE COUNCIL OF MINISTERS

The Ministers are appointed by the President on the advice of the Prime Minister.
It is
his right to have a Government which can work together as a team and which
can
secure the support of the Lok Sabha. But the Prime Minister has also to bear
that as far as possible all the major communities and
in mind
geographical regions of the country
find a representation in the Ministry.
All Ministers have to be members of either House of Parliament. Non-members
can
also be chosen as Ministers, but such persons must get themselves elected or nominated
to either House within a period of six months after their
appointment.
Categories of Ministers
All Ministers do not belong to the same rank. Usually, there are three categories ot
Ministers: (a) Cabinet Ministers or "members of the Cabinet", (6) Ministers of State, and
(c) Deputy Ministers. The Cabinet Ministers hold major portfolios like Home, Defence
Finance, ExternalAffairs, Railways, etc. Only Cabinet Ministers have a right to atend
meetings of the Cabinet. They together determine the policy and programme of the
Government.
Ministers of State are inot members of the Cabinet. They may or may not be given
an Independent Charge of a Ministry. They do not in the Cabinet
participate meetings
But they may be invited to attend meetings when matters concerning their departments
are being considered.
The Deputy Ministers are junior ministers and are placed under senior ministers
whom they are to assist. They take no part in Cabinet deliberations.
 Functions of the Executive in India
A-121
Powers
the
tions of Cabinet
the Cabinet have not Cabinet
been
responsibilities defined
Constitutionally, but
p
Tohw
e e r sa n d r e s p o

it has
Policy of the
Policv
the
enormous mous
1. Cormu Government: The Cabinet
F o r m u l a

policies of the Government. It takes

domend security needs, energy
domes

defence and formulates external and

decisions
on al
ects, strategy contain diseases likerequirements, savings for major
poy to cont to
problems-
roblems-
proje
Drojec

new Sta
e industrial policy, import of Covid-19, the future,
President's rule in the health
The Cabinettechnology
and electoral State, forming
2. ninistrative
Adhas determined Functions:
ative Func
is reforms, etc.
2. it
etermined on a
policy, the essentially a policy framing body. When
respectta to the working of their appropriate department carries it out.
directions of the Cabinet.
Departments, Ministers must With
faithfully follow the
3. C
Control over National Finance: Cabinet is
r the Nati

ornment and
of Government a n for responsible for whole of the expenditure
raising necessary revenues to meet it. A
introduced in the Lok Sabha only Money Bill can be
by Minister.
a

The Annual Financial Statement

(Budget) occupies a peculiar position.
it is nresented to the Parliament in the name of the Although
Cabinet,
neither circulated among Cabinet members, nor debated by them. The its full
proposals are
rodisclosed to the Cabinet orally on the day when the Finance Minister proposals
is to
make his Budget Speech in Parliament. The detailed taxation
proposals are, however,
shown to the Prime Minister betore they
presented to the Parliament.
are

Legislative Functions: More than 90 per cent of the bills are Government Bills,
prepared by the Ministries. They are introduced, explained and defended in the
Parliament by the Ministers. With a stable parliamentary support, a majority of
members vote in favour of Government's motions. The Cabinet is instrumental in
planning and moving an Amendment to the Constitution.
5. Proclamation of Emergency: The President cannot proclaim a state of Emergency
(under Article 352) unless the Union Cabinet recommends that such a Proclamation
should be made. This Article relates to a proclamation of Emergency in the event
of a War or External Aggression or the Armed Rebellion.

MINISTERIAL RESPONSIBILITY

Government.
Responsibility is the essential feature of Parliamentary
Ministerial
Constitution "the Council ot
.Collective Responsibility: Under Article 75(3) of the
That is what
responsible to the House of the People."
inisters shall be collectively
means. The Ministers
are responsible
term "Ministerial Responsibility" actually
ne individuals alone, but collectively also. Members of the
Lok Sabha not as
the Cabinet,
decision has been taken by the
Labinet swim and sink together. When a
 Indian Constitution Work-XI
A-122 at

it without hesitation. A has llost the

Ministry that has
every Minister has to stand by
confidence of the Lok Sabha must resign.
2. Individual Responsibility: Though the Ministers are collectively responsible toa
to the
Lok Sabha, they shall be Individually responsible to the Head of State.
State. The
The Mini
Minist
hold office the pleasure of the President." It implies that the
"during Minist
shall be liable to be dismissed by the President for their undesirable aciui
However, in these matters the President acts on the advice vities.
of the Prime
Minister.

Parliamentary Government of Ministerial

Principle Responsibility
The essence of Collective
Responsibilitv.
President says Ivor Jennings, is that "the Minister
must vote with the Government,
speak
in defence of it if the Prime
P.M. and the Council of Ministers Minister
insists, and that he cannot afterwards
reject criticism of his act, either in
Responsible to Lok Rajya Sabha Parliament orin the Constituencies, on
Sabha (Individually Members have right the ground that he did not
agree with
and Collectively) to ask Questions the decision."

Control of Parliament (Legislature)

over the Cabinet (Executive)
There are several methods by which the Lok Sabha ensures ministerial
such as () Interpellation (Question Hour) in Lok Sabha,
responsibility,
(i) the Zero Hour when Members
raise all types of questions, (ii) Motion for
Adjournment, (iv) the Defeat of the Government
Bills, and (v) the No-Confidence Motion. If a formal vote of No-Confidence is
passed
by the Lok Sabha, the Council of Ministers must resign.

PERMANENT EXECUTIVE: THE BUREAUCRACY

The executive in modern state
a
comprises two parts-the Political Executive and the
Permanent Executive.

Political Executive: The Ministers

The Political Executive consists of Heads of the Government
Departments, called ranks or
in England as well as in India. The Ministers are normally drawn from the Ministers
public figures. Their tenure is not
permanent. They come and go with the tluctuatio
in the fortunes of their respective parties. It is for this reason that this part of tne
Executive is known as the "Political Executive'.
 Executive in India
A-123
Executive:
The Permanent Exec
he Civil
Services or
Bureaucracy
The
Evecutive consists of the whole
h eP

perma
e r m a n e n

ent.
t

body of appointed officers and

7The
They are recruited
government.
hrough competitive examinations employees
ofa gove:fications and knowledge about
a
and
their work and possess
c i a l q u a l i f i c a t i .

gene
rra: lly anent. The importance ot the
permanent. vocation. Their tenure is
activity of the: sta permanent civil servants has
with
increased
grown
the

dia Services and Central Services

TheAll-Ir
dia Services Act, 1951 provided for the constitution of
two services,
Thean Administrative Service and the Indian Police Service. The Act
Indian Administrative nanely,
the Inu rovide for the establishment of three more All-India was amended
in 190
in Services-the Indian
Service offEngineers, the
Indian Forest Service, and the
Indian Medical and Health
Sertdian
Service. ndi Forest Service was constituted on 1
July, 1966. The Parliament is authorised
establish a new 1-India Service.
to
Cantral Services: There are various services other than the All-India Services which
are calle Central Services. The main services under this category are-Indian Customns
Excise Service, Ind
Indian Audit and Accounts Service, Income Tax Officers Service,
and
Indian Postal Service and Indian Defence Accounts Service, etc.

Mode of Recruitment, Training and Conditions of Service

The competitive examination for recruitment to All-India Services and the Central Services
is conducted by the Union Public Service Commission. The President appoints the Union
Civil Servants on the recommendations of the Union Public Service Commission (UPSC).
In May 1998 the retirement age of the Central Government employees was raised from

58 years to 60 years. In order to have adequate representation of the SCs (the Dalits)
been given to
and STs (the Adivasis) in government services some concessions have
etc.
them regarding (i) relaxation of age limit, and (ii) relaxation of qualifications,

Role and Funetions of the Civil Servants

heads:
Ihe role of the civil servants can be classified under the following
the function of the
of Advice and influencing the Policy: Policy-making is
Giving the bureaucrats
80vernment or the Council of Ministers.
But it falls to the lot of
data.
the problems and collect necessary
Oecretaries and other Officials) to analyse
advice to tne
information the Civil Servants render their
h e basis of such the influence of the officials
is not less
in policy-makingThus even
sters.
significant. Minister issues
instructions
2. When a policy has
been decided, the
uministration:
to implement
the policy. The Secretary
e Secretary-Incharge of the department the Secretariat
subordinate staff. Thus the Secretary,
y s the instructions
the to
 Indian Constitution at Work-XI
A-124

Wing, the State officials, the District authorities and other staff have the
the o
to enforce the policy and programme of the government. Expeditious
ditious and
and ho
honest
implementation of policies is the test of an efficient administration.
3. Developmental Role, i.e., Instrument for Achieving Welfare of the Peni
Responsibility of the bureaucrats is growing with the fast developing chanoee eople
n
the role of state. Our policies are inspired by the ideals of social and econ
welfare which includes self reliance in food commodities, industrial
increase in employment opportunities, eradication of poverty and
develoDmomic
bringing ahou
social and economic justice. The government had to frame many
policies and
and
undertook various activities for achieving these objectives.

Administrative Shortcomings and

Problems Confronting Bureaucracy in India
It is essential that the Civil Servants have full faith in the ideals of
social and econormic
justice. Officials with a narrow-minded approach or caste-based prejudices can
never
help in bringing about a new social order. Ne are making here a few suggestions
about how we could remedy the situation.
1. India cannot
change until villages have been transformed into places good enough
for people to live in. The civil servants owe a
and
special duty towards the rural folk
weaker sections of society.
2. A very
important factor responsible for the decline in the quality of Governance
is thepervasive corruption in the system. The Administrative Reforms Commission
recommended setting up of the institutions of
Lokpal and Lokayukta to redress the
wrongs. Justice PC. Ghose became the country's first
The Lokpal can initiate a Lokpal on March 23, 2019.
under the Prevention of
preliminary investigation after it receives a complaint
Act, 1988.
Corruption
Politicisation of Civil Services
3. The
political instability in States "Tt is longer uncommon for them (civil
no
contributed the politicisation of
to services) to actively participate in the
administration. The Ministers have politicisation of services and even join
been using the hands with corrupt
powers of politicians and share
transfer to demoralise posting
and
the civil the spoils".
servants. In fact, the civil
servants S. S. Marathe
themselves are not without their share
of blame. (A Senior Civil Servant)

SHOULD INDIA HAVE AN ELECTED

During British rule the civil servants had totally
ADMINISTRATION?
dissociated themselves from the
But a democratic system
presupposes that people
administration should be responsive to the
public needs and aspirations. The Marxists are of the
opinion that the civil servants
 Executive in India
should
reflect
"broader class
ss
interests". They A-125
ted. j u s t the same
people elect thepleaded
way as that the
MP's and the administrators should be
But most of the
slatures. Bu
g ion'
Admunistratio with
with disfavo
political
distavour. The
scientists have
MLAs to represent them in
in
the viewed
reasons are as an 'Elected
the idea of
the lected bureaucrats may have sufficient
burea elected follows
First,
he certain. But those
Of monce and recruited through administrative merit, but this
mar

hConfidence and special talents.

special talent competitive examinations
m u c h c o n f i

They have the natural possess

ability to do their work
Second,
he appointed administrators are permanent and
s experts in their vocation.
atus as What an
full-time officials. They
enyo
hours
to do, expert can do in minutes may take
101

Third, the officials are accountable to Ministers, the

Now-a-days
at large. No they have a great fear of legislatures and the people
t f Ccivil servants has been the source of much judiciary also.
Recently, the role and
conduc litigation,
sian (PIL). It is for the courts to judge where the especially Public Interest
L Trely criticised some of the errant
public interest lies. The courts
have officials. There may be other
mechanisms
to public accountability
also to ensure public
ensure of civil servants.
Advisory Committees
consisting
anliohtened citizens may be attached with the administrative departments at managerial
level.
In brief, the civil servants must remember that they are there not to rule but to serve
the people.

SUMMARY OF THE MAIN POINIS **** '*** ********'** *'* *** '* **

Meaning of the Executive: The branch of government responsible for the implementation
of laws and policies made by the legislature.
Functions of the Executive: (i) To implement policies of the government and to execute
laws made by the legislature, (ii) Their share in the process of legislation; (i) Conduct

of relations with other States, the State is the Supreme Commander of the
(iv) Head of
Armed Forces; and (v) The Budget is framed by the Finance Minister.
Presidential System, and
Dierent Types of Executive: (i) Parliamentary Government; (i)
) Semi-Presidential System, as in Sri Lanka.
of government.
rarliamentary Executive in India: India adopted the Parliamentary system
ne system stood the stresses and strains of time.
and the
of Parliament
members of the both Houses
President of India: Elected by
E Election is according to
the system of
Assemblies.
red members of the Legislative Transferable Vote System
porional Representation by means of Single
Prop
removed from his office byImpeachment.
m of office is five years. May be
 Work-XI
A-126 Indian Constitution at

Powers and Position of the President of India: () Executive Powers; (i) Militarv
and
Diplomatic Powers; (ii) Legislative Powers, (iv) Judicial Powers, and (v) Emergencv Poua
wers.
Actual Position of the President: The President is the nominal or Constitutional Head of
the Government, but situations may arise when he may use his Discretion. When o
leader enjoys majority support in the Lok Sabha, the President will have to e
his
judgement to decide what to do.
The Vice-President of India: Qualifications for election and term of office.
Powers and Functions of the Vice-President: Acts as the ex-officio Chairman of the Raiva
Sabha. He will take over the office of the President in the case of the death, resignation
or removal of the President.
The Prime Minister: The Prime Minister is appointed by the President and the other
Ministers are appointed by the President on the advice of the Prime Minister.
Position and Powers of the Prime Minister: A link between the Cabinet and the
PresidentHe has a pre-eminent position in the government-Occupies a unique position
in the Parliament-Prime Minister represents India at International Conferences-He is
the recognised leader of the nation. But in the Coalition Government the authority of
the Prime Minister is weakened.
The Council of Ministers: Three categories of Ministers-Cabinet Ministers, Ministers of
State and Deputy Ministers.
Powers and Functions of the Cabinet: () To formulate the policy of the government,
(in Administrative functions; (ii) Control over the National Finance; (iv) Legislative
functions; and (v) Proclamation of Emergency.
Ministerial Responsibility: Collective Responsibility-Individual Responsibility.
Control of Parliament over the Cabinet: Question Hour-Motion for Adjournment-
Defeat of Government Bills-No Confidence Motion.
Permanent Executive (the Bureaucracy or the Civil Servants): All-India Services-Central
Services-State Services-The UPSC and the State Public Service Commission-Their role
and functions are giving of advice, implementation of policies and achieving welfare of
the people-Administrative Shortcomings, such as corruption and politicisation ot the
Civil Services.
Should India have an Elected Administration: Elected bureaucrats may not have sufficient
administrative merit-Appointed administrators are Experts-The Checks on appointed
administrators are that they are accountable to Ministers and legislaturesThey have a

great fear of Judiciary also.

 Executive in India A-127

QUESTIONS
ollowing
Questions carry 1 Mark each
should not exceed 20 Words each)
Answers

Who is the Chief

the Ch Executive or Head of State in
(a) President of India
India?
Ans. The

) On
grounds may
what grounds the President of India be
removed from office?
Ans. The Dyesident of India can be
removed from his office for
Constitution' by Impeachment. 'Violation of the
(c) Who administers the Oath of Office to the President of India?
The Chiet Justice of India.
Ans.
Mention any two Executive powers of the President of India?
Ans.. The President appoints (i) the Prime Minister, and (i) the Attorney-General of
The Pr
India.
Mention any two Legislative powers of the President of India.
Ans. The President () summons the two Houses of Parliament, and (i) a Bill to become
President's assent.
law requires
the ex-oficio Chairman of the Rajya Sabha?
(A Who acts as

of India
Ans. TheVice-President
Minister a link between the Council of Ministers and the President?
(e) How is the Prime
Ans. The decisions of
the Council of Ministers are conveyed to the President through
the Prime Minister.
Prime Minister.
(h) important functions (powers) of the
Mention any two
Prime
the President on the advice of the
Ans. () Union Ministers are appointed by
Minister presides at the Cabinet meetings.
Minister, and (ii) the Prime
Name any two All-India Services.
(i)
Service (LAS) and (i) the Indian Police Service
Ans. (i) The Indian Administrative
(IPS)
each
B. Following Questions carry 2 Marks
(Answers should not exceed 40 Words each)
Government (Executive)?
.a) What is the Parliamentary President, but his
work is carried onin the name of the
Council of
s.
Although the executive nominal. The real
executive is the
ceremonial or
powers are only
Ministers headed by the Prime Minister.
System of government?
0) Why did India adopt the Parliamentary to people's
that should be responsible
We favoured an Executive (Government)

representatives, the Lok Sabha.

i.e., of P'arliamentary
experience of
the working
our leaders had an
EcOndly, India.
rule in
8Overnment during British
 Work-XI
A-128 Indian Constitution at
which the President may make a Proclamatioon
(c) Name any two conditions under
of Emergency.
is threatened by War or external aggression or armed
Ans. (i) When security of India
rebellion.
cannot be carried in accordance with tho
(i) When government of a State
of Constitutional machinery) in States
provisions of the Constitution (failure
the Permanent Executive (Bureaucracy)?
(d) What is meant by
of appointed officers and employees, recruitod
Ans. Permanent Executive consists
through competitive examinations.
Their tenure is
8enerally permanent, i.e., they
do not come and go when a switch of power takes place.

C. Multiple Choice Questions

3. (a) What does a P'arliamentary Executive (Parliamentary Government) mean?

() Where the President (Head of the State) exercises real power

functions the Executive
(i) Where the Parliament
as

(ii) Where the Council of Ministers is collectively responsible to and dependent

of the majority in the Parliament
on support
(iv) Where the Executive (Council of Ministers) is elected by the Parliament
Ans. The Statement (iii) is correct.

(6) While appointing the Prime Minister the President chooses:

(1) Leader of the largest party in the Lok Sabha
(Gi) Leader of the Party or Alliance which commands a majority in the Lok
Sabha
(ii) Leader of the largest party in the Rajya Sabha.
(io) Leader of the Alliance that has maximum support in the Rajya Sabha.
Ans. The statement (i) is Correct.
(c) Who among the following is not a part of the Permanent Executive (Bureaucracy)?
(i) Members of the Indian Administrative Service (IAS)
(i) Members of the Indian Forest Service (TFS)
Gii) Members of the Indian Police Service (IPs)
(io) The Prime Minister of India
Ans. The Statement (iv) is Correct.
4) Emergency on account of the failure of Constitutional Machinery in States arises
when:
(i) There is an External Aggression
() When a Chief Minister has resigned and no other person is willing or able
to form Ministry
(iii) There is an Armed Rebellion
(io) There is a threat to Financial Stability of India
Ans. The Statement (ii) is correct.
 FExecutive in India A-129
p
ving
Following
estions carry 4 Marks each
should not exceed 100
(Answers Words each)
stitute
const Electoral Collage for the
the
is meant by Single Transferable Vote System.election of the President of
Who
India? What
ie the Emergency wers of the
D e s c r i b e

5.Describe any President of India.

four Discretionary
any four
powers of the
6.
Ma require the
Guide: () May
A President of India.
Council of Ministers to
AG Assentnt to the
A
the lBill or may refuse his reconsider its Advice, (ii)
ie
give
hen after a Prime Minister has assent, (ii) His right to May
Ministe
Nto succeed appoint the Prime
resigned, several leaders stake their
d hit
him, and ((7) His to right claim
appoint the Prime
Minister when
a General Election no
single party could have a as a result of
majority in the Lok
Sabha.
Following question carry 5 to 6 Marks each
nswers should
not exceed 150 Words
each)
The Prime Minister enjoys a pre-eminent
.
position in the
government." Comment.
Or
FxDlain the position and
powers of the Prime Minister of India.
8. Explain the functions and powers of the Union
Council of Ministers.
aShould India have an Elected Administration in of an place
as we have it today? Give reasons for your answer. Appointed Administration
Or
Do you think that in a
democracy we should have elected civil servants? Give reasons
for your answer.
10. What is meant by the principle of 'Ministerial Responsibility'? What are the various
methods that ensure Parliament's control over the Executive (the Council of
Ministers)?