What is An Executive?
The organ of government that primarily looks after the function of
implementation and administration is called the executive.
What are the principal functions of the Executive?
An executive is the branch of government responsible for the
implementation of laws and policies adopted by the legislature.
The executive is often involved in the framing of policy. Some countries
have presidents, while others have chancellors. The executive branch is not
just about presidents, prime ministers and ministers. It also extends to the
administrative machinery (civil servants).
Different Types of Executive
There are various types of political systems in which different executives
command different political sectors:
Presidential system: The president is the Head of the state as well as the
head of government. In this system, the office of the president is very
powerful, both in theory and practice.
Countries: United States, Brazil and most nations in Latin America.
Semi-Presidential Executive: Under the system of Executive Presidency,
people directly elect the President. It may happen that both the President
and the Prime Minister belong to the same political party or to different
political parties.
Countries: France, Russia, Sri Lanka
Parliamentary System: The prime minister is the head of government.
Most parliamentary systems have a president or a monarch who is the
nominal Head of state. The role of the president or monarch is primarily
ceremonial and the prime minister along with the cabinet wields effective
power.
Countries: Germany, Italy, Japan, United Kingdom as well as Portugal.
Parliamentary Executive in India
India already had some experience running the parliamentary system under
the Acts of 1919 and 1935. This experience had shown that in the
parliamentary system, the executive can be effectively controlled by the
representatives of the people.
Why did India opt for the Parliamentary Form of government?
Indian Constitution wanted to ensure that the government would be
sensitive to public expectations and would be responsible and accountable.
The presidential executive puts much emphasis on the president as the
chief executive and as a source of all executive power.
There is always the danger of personality cult in the presidential executive.
The executive will be answerable to and controlled by the legislature or
people‘s representatives.
What is the Parliamentary Form of System?
President who is the formal Head of the state of India and the Prime Minister
and the Council of Ministers, which run the government at the national level.
At the State level, the executive comprises the Governor and the Chief
Minister and the Council of Ministers.
The President
The highest executive authority.
The constitution vests in him all executive powers of the Union.
Head of the state and represents the Republic of India.
The first Citizen of India.
Article 58: deals with the qualification of a person to be the president of India.
Must be a citizen of India
Completed the age of 35 years
Must be qualified to become a member of Lok Sabha
He should not hold any office of profit under the government.
What is the Procedure of the Election of the President?
The President of India is not directly elected by the people, but by the
members of the Electoral College:
Members of both the houses of the parliament
Members of the legislative assembly of the state
Elected member of the Legislative Assembly of Delhi and Puducherry.
What are the Powers and the Function of the President?
The President of India has a very important role in our democracy. The power
of president can be exercised in normal time and in the period of emergency.
A. Executive Powers of the President
Following members are appointed by the President:
The Prime Minister and other councils of ministers.
Chief Justice & Judges of Supreme Court and High Court
Chairman & members of UPSC
CAG, Attorney General
Chief Election Commissioner etc.
B. Legislative Powers of the President
The president can summon propagation & dissolution of Lok Sabha.
Summon Joint Sitting of both the houses of the Parliament
The president can also pass ordinances during the recess of Parliament.
C. Judicial Powers of the President
In Article 72 the judicial powers of the president preside.
The president can grant a pardon or reduce the sentence of any convicted
person under central laws.
D. Pardoning Powers of the President
The President of India takes an action over the case of punishment or the
sentence of any person convicted for an offence, it takes the form of his
pardoning powers.
They are of five types:
1. Pardon
2. Reprieve
3. Remit
4. Respite
5. Commute
The president is also the Supreme Commander of the Armed Forces
E. Emergency Powers of the President
The president in India Can Proclaim an Emergency in three conditions:
National Emergency ( Article 352): Arising out of war, external aggression or
armed rebellion within the country
Constitutional Emergency (Article 356): In case of failure of the
constitutional machinery in the states. (President’s Rule)
Financial Emergency (Article 360): Arise in case of a threat to the financial
stability or credit of India.
Article 74 (1): There shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President who shall exercise the functions,
act following such advice.
The President may require the Council of Ministers to reconsider such
advice, and the president shall act by the advice tendered after such
reconsideration.
F. Discretionary Powers of the President
The President has a right to be informed of all important matters and
deliberations of the Council of Ministers. The Prime Minister is obliged to
furnish all the information that the President may call for. The President
often writes to the Prime Minister and expresses his views on matters
confronting the country.
The Powers that the president can exercise at his own discretion:
Reconsideration
Veto Power
Appointment of the Prime Minister in case of no clear majority.
The President has the authority to request that the Council reconsider their
decision. He has the veto power to withhold or refuse to give assent to bills
passed by Parliament (other than money bills).
Before becoming law, every bill passed by Parliament is sent to the
President for his signature. The President has the authority to send the bill
back to Parliament for reconsideration.
This'veto power' is limited because if Parliament passes the same bill again
and sends it back to the President, the President is required to give his
assent to it. The President must, however, send the bill back to Congress
for reconsideration within a certain time frame, which is not specified in the
Constitution.
This means that the President can keep the bill pending in his office
indefinitely. This gives the President an unofficial power to wield the veto
effectively. This is referred to as a "pocket veto" by some.
When no candidate wins a clear majority in the Lok Sabha after an election,
the President must choose a Prime Minister. In such a situation, the
President must rely on his own judgement to determine who has the
majority's support or who can actually form and run the government.
The Vice President of India
The person holding this position is elected for a term of five years using
a method similar to that used to elect the President. However, unlike the
President's election, members of State legislatures are not involved in
the process.
The individual can be removed from their position by a majority
resolution passed by the Rajya Sabha, which must also be agreed to by
the Lok Sabha.
As the ex-officio Chairman of the Rajya Sabha, the person assumes the
duties of the President when there is a vacancy in the position due to
death, resignation, removal by impeachment, or any other reason.
However, they only serve as President until a new one is elected.
Prime Minister and Council of Ministers
The Prime Minister becomes the most important functionary of the
government in our country.
Head of the Council of Ministers.
The President exercises his powers only on the advice of the Council of
Ministers.
In the parliamentary form of executive, it is essential that the Prime
Minister has the support of the majority in the Lok Sabha. This support
by the majority also makes the Prime Minister very powerful.
Decides who will be the ministers in the Council of Ministers.
Allocates ranks and portfolios to the ministers.
Depending upon the seniority and political importance, the ministers are
given the ranks of cabinet minister, minister of State or deputy minister.
In the same manner, Chief Ministers of the States choose ministers
from their own party or coalition.
The Prime Minister and all the ministers have to be members of the
Parliament.
If someone becomes a minister or Prime Minister without being an MP,
such a person has to get elected to the Parliament within six months.
Size of the Council of Ministers
An amendment has been made which states that the Council of
Ministers must not exceed 15% of the total number of members in the
House of People (or Assembly for States).
The Council of Ministers is collectively responsible to the Lok Sabha,
meaning that if they lose the confidence of the Lok Sabha, they must
resign.
The ministry is seen as an executive committee of the Parliament and
governs collectively on its behalf.
Collective responsibility
The principle of collective responsibility is based on the solidarity of the
cabinet, meaning that if a single minister receives a vote of no
confidence, the entire Council of Ministers must resign.
Ministers must either accept decisions made by the cabinet or resign if
they do not agree. Pursuing or agreeing to a policy for which there is
collective responsibility is binding on all ministers.
The death or resignation of the Prime Minister results in the dissolution
of the Council of Ministers, while the demise, dismissal or resignation of
a minister only creates a ministerial vacancy.
The Prime Minister acts as a link between the Council of Ministers, the
President, and the Parliament.
The Prime Minister holds power from various sources, including control
over the Council of Ministers, leadership of the Lok Sabha, access to
the bureaucratic machine, media, and projection of personality during
elections and international summits.
At the State level
At the State level, a similar parliamentary system exists with some
variations.
The Governor of the State, appointed by the President on the advice of
the central government, has more discretionary powers compared to the
Chief Minister, who is the leader of the majority party in the Assembly.
The main principles of the parliamentary system operate at the State
level.
Permanent Executive: Bureaucracy
The Executive branch of the government is composed of the Prime
Minister, ministers, and the bureaucracy, which is a large administrative
organization.
In a democracy, elected representatives and ministers are responsible
for governing and supervising the administration. The legislature also
has the power to oversee the administration and ensure that
administrative officers do not act in violation of the policies adopted by
the legislature. It is the responsibility of the ministers to maintain political
control over the administration. India has established a professional
administrative machinery.
The Indian bureaucracy is made up of All-India services, State services,
local government employees, and technical and managerial staff who
run public sector undertakings. The recruitment of civil servants for the
Indian government is conducted by the Union Public Service
Commission, while similar public service commissions are available for
the States. Members of the Public Service Commissions are appointed
for a fixed term and can only be removed or suspended after a thorough
inquiry made by a judge of the Supreme Court.
The bureaucracy is the means through which welfare policies of the
government are implemented and must reach the people. However,
bureaucracy is often criticized for being insensitive to the demands and
expectations of the ordinary citizen.