Here are comprehensive notes for Chapter Four: Executive, drawing on the information in the

provided sources:

Chapter Four: Executive

Introduction

 The three organs of government are the legislature, executive, and judiciary.

 Together, they perform government functions, maintain law and order, and look after
public welfare.

 The Constitution ensures these organs work in coordination and maintain balance.

 In a parliamentary system, the executive and legislature are interdependent: the

legislature controls the executive, and the executive, in turn, controls the legislature.

 This chapter discusses the composition, structure, and functions of the executive,
including recent changes due to political practice.

What is an Executive?

 In any organisation, decisions must be taken and implemented; this activity is called
administration or management.

 At the top, a body takes policy decisions and supervises routine administrative
functioning.

 The word executive means a body of persons that looks after the implementation
of rules and regulations in actual practice.

 In government, the executive is the organ primarily responsible for implementing

laws and policies adopted by the legislature. It is also often involved in framing
policy.

 Executive designations vary by country (e.g., presidents, chancellors).

 The executive branch includes heads of government, ministers, and the

administrative machinery (civil servants).

 Political Executive: Heads of government and their ministers, responsible for overall
government policy.

 Permanent Executive: Those responsible for day-to-day administration (e.g., civil

servants).

Different Types of Executive

 Executive types vary across countries; for instance, the powers of the US President
differ significantly from the Indian President.

 Presidential System:

o The President is both the Head of State and Head of Government.

o The office of President is very powerful in theory and practice.

o Examples include the United States, Brazil, and most Latin American nations.

 Parliamentary System:

o The Prime Minister is the Head of Government.

o Most parliamentary systems have a President or Monarch who is the nominal

(ceremonial) Head of State.

o Effective power is wielded by the Prime Minister along with the Cabinet.

o Examples: Germany, Italy, Japan, United Kingdom, Portugal. Canada is a

parliamentary democracy with a constitutional monarchy where Queen
Elizabeth II is the formal chief of state and the prime minister is the head of
government.

 Semi-Presidential System:

o Features both a President and a Prime Minister.

o Unlike the parliamentary system, the President may possess significant day-
to-day powers.

o The President and Prime Minister may belong to the same or different political
parties.

o Examples: France, Russia, Sri Lanka.

o Sri Lanka (Executive Presidency introduced in 1978):

 People directly elect the President.

 The President has vast powers, chooses the Prime Minister from the
party with a parliamentary majority, and can remove the Prime
Minister or ministers.

 The President is the elected Head of State, Commander-in-Chief of the

Armed Forces, and Head of the Government.
  Elected for a six-year term, the President can be removed only by a
resolution passed by at least two-thirds of Parliament members.

Parliamentary Executive in India

 India adopted the parliamentary system due to prior experience and a desire for a
sensitive, responsible, and accountable government.

 The makers of the Indian Constitution sought a strong executive but with safeguards
against a "personality cult," which they saw as a danger in a presidential executive.

 The parliamentary form ensures the executive is answerable to and controlled by

the legislature (people’s representatives).

 This system operates at both national and State levels.

 At the national level, the executive comprises the President (formal Head of State)
and the Prime Minister and the Council of Ministers (who run the government).
At the State level, it includes the Governor, Chief Minister, and Council of Ministers.

The President of India

 The Constitution of India formally vests the executive power of the Union in the
President.

 In reality, the President exercises these powers through the Council of Ministers
headed by the Prime Minister.

 Term and Election:

o Elected for a period of five years.

o Elected indirectly by elected MLAs and MPs, not by ordinary citizens.

o The election follows the principle of proportional representation with a single

transferable vote.

 Removal:

o Can be removed only by Parliament through impeachment for violation of the

Constitution. This procedure requires a special majority.

 Powers and Position:

o Is the formal head of the government, possessing wide-ranging executive,

legislative, judicial, and emergency powers.
 o However, in a parliamentary system, these powers are typically used by the
President only on the advice of the Council of Ministers.

o Article 74 (1) states there shall be a Council of Ministers to aid and advise the
President, who shall act in accordance with such advice.

o An amendment made it explicit that the advice of the Council of Ministers is

binding on the President. Another amendment allowed the President to ask
for reconsideration, but the President must accept the reconsidered advice.

o Jawaharlal Nehru described the President's position as "one of authority and

dignity," creating "neither a real executive nor a mere figurehead, but a great
figurehead".

 Discretionary Powers of the President:

1. Right to be informed: The President has a constitutional right to be informed

of all important matters and deliberations of the Council of Ministers. The
Prime Minister is obliged to furnish this information. The President often
expresses views to the Prime Minister.

2. Sending back advice for reconsideration: The President can send back
advice from the Council of Ministers for reconsideration if it is deemed
flawed, legally deficient, or not in the country's best interests. Although the
President is bound to accept the reconsidered advice, such a request carries
significant weight.

3. Veto Power (Pocket Veto):

 The President can withhold or refuse assent to Bills (other than

Money Bills) passed by Parliament. A bill requires the President's
assent to become law.

 While the President can send a bill back for reconsideration, and must
assent if Parliament passes it again, there is no mention in the
Constitution about a time limit for the President to send a bill back.

 This allows the President to keep a bill pending indefinitely,

effectively using an informal 'pocket veto'. An example is the Indian
Post Office (Amendment) Bill of 1986, which President Gyani Zail
Singh did not act upon, leading to its eventual failure.

4. Appointing the Prime Minister in case of a hung Parliament:

 Normally, the President appoints the leader with majority support in

the Lok Sabha as Prime Minister.
  However, if no leader has a clear majority after an election, the
President uses their discretion to judge who can truly command
majority support and form a stable government.

 Since 1989, major political changes, particularly the rise of coalition

governments, have significantly increased the importance and
discretionary role of the presidential office in forming governments
or dissolving the Lok Sabha. For example, in 1998, President
Narayanan asked the alliance leader to furnish supporting documents
and advised a vote of confidence within ten days.

 Presidential discretion gains greater scope when governments are

unstable and coalitions are in power.

 Why is a President needed in a Parliamentary System?:

o The President serves as a formal power holder and ceremonial head of the
nation.

o Unlike the Council of Ministers, whose tenure depends on majority support in

the legislature, the President has a fixed term, providing stability.

o The President is empowered to appoint the Prime Minister and symbolically

represents the entire country.

o In situations where no party has a clear majority, the President has the
additional crucial responsibility of selecting and appointing the Prime
Minister.

The Vice President of India

 Elected for five years.

 Election method is similar to the President's, but members of State legislatures are
not part of the electoral college.

 Can be removed by a Rajya Sabha resolution passed by a majority and agreed to by

the Lok Sabha.

 Serves as the ex-officio Chairman of the Rajya Sabha.

 Takes over the office of the President when there is a vacancy due to death,
resignation, removal, or otherwise, acting as President until a new President is elected.

Prime Minister and Council of Ministers

 The Prime Minister is the most important functionary of the government in India
because the President acts on the advice of the Council of Ministers, which the PM
heads.
 The Prime Minister must have the support of the majority in the Lok Sabha. Loss
of this support means loss of office.

 Since 1989, due to many coalition governments, the Prime Minister is often a leader
acceptable to most partners of the coalition.

 Appointment: The President formally appoints the leader who has the support of the
majority as Prime Minister.

 Composition of Council of Ministers:

o The Prime Minister decides who will be ministers, allocating ranks (Cabinet
Minister, Minister of State, Deputy Minister) and portfolios based on seniority
and political importance.

o The Prime Minister and all ministers must be members of Parliament; if not,
they must get elected within six months.

o Size Limitation: The 91st Amendment Act (2003) limited the size of the
Council of Ministers to not exceed 15% of the total number of members of
the Lok Sabha (or State Assembly). This was to prevent oversized cabinets
and inducements to secure support.

 Collective Responsibility:

o The Council of Ministers is collectively responsible to the Lok Sabha.

o If the Ministry loses confidence of the Lok Sabha, it is obliged to resign.

o This principle signifies that the Ministry acts as an executive committee of

Parliament, governing on its behalf.

o It is based on the solidarity of the cabinet; a vote of no confidence against

even a single minister leads to the resignation of the entire Council of
Ministers.

o Ministers must either accept a cabinet policy/decision or resign.

 Prime Minister's Pre-eminent Position:

o The Council of Ministers cannot exist without the Prime Minister. It comes
into existence only after the PM takes the oath.

o The death or resignation of the Prime Minister automatically dissolves the

Council of Ministers, while a single minister's departure only creates a
vacancy.
 o The Prime Minister acts as a link between the Council of Ministers, the
President, and Parliament. Pt. Nehru described the PM as "the linchpin of
Government".

o The PM is constitutionally obliged to communicate all Council of Ministers'

decisions and legislative proposals to the President.

o The Prime Minister is involved in all crucial government decisions and policy-
making.

o The PM's power stems from control over the Council, leadership of the Lok
Sabha, command over bureaucracy, media access, personality projection
during elections, and national leadership in international forums.

 Impact of Coalition Governments on PM's Power (since 1989):

o The PM's power and position are less unassailable when no single party
secures a majority.

o Coalition politics have led to:

 An increased discretionary role of the President in selecting Prime

Ministers.

 Erosion of prime ministerial authority due to the necessity for more

consultation among political partners.

 Restrictions on the PM's prerogatives, such as choosing ministers

and deciding their ranks/portfolios.

 Government policies and programmes are now framed after

negotiations and compromises among allies, rather than by the PM
alone.

 The Prime Minister increasingly acts as a negotiator rather than solely

as the leader of the government.

 State Level Executive:

o A similar parliamentary executive exists at the State level.

o The Governor of the State is appointed by the President (on the central
government's advice).

o The Governor has more discretionary powers compared to the President.

o The Chief Minister is the leader of the majority party in the Assembly.
Permanent Executive: Bureaucracy

 The executive organ includes the Prime Minister, ministers, and a large organisation
called the bureaucracy or administrative machinery, also known as the civil
service.

 Role: Trained and skilled officers, as permanent government employees, assist

ministers in formulating and implementing policies.

 In a democracy, administration is under the control and supervision of elected

representatives and ministers. Administrative officers cannot violate policies adopted
by the legislature.

 Characteristics:

o India has a professional administrative machinery.

o It is made politically accountable.

o The bureaucracy is expected to be politically neutral, meaning it does not

take political positions on policy matters. It is responsible for faithfully and
efficiently participating in drafting and implementing policies, even if a new
government opts for different policies.

 Composition: The Indian bureaucracy is a complex system including All-India

services, State services, local government employees, and technical/managerial staff
in public sector undertakings.

 Recruitment:

o The Constitution makers emphasised a non-partisan and professional

bureaucracy, selected impartially on merit.

o The Union Public Service Commission (UPSC) conducts the recruitment

process for central government civil servants.

o Similar Public Service Commissions exist for the States.

o Commission members are appointed for a fixed term, and their

removal/suspension requires a thorough inquiry by a Supreme Court judge.

o To ensure representation from all sections of society, including weaker

sections, the Constitution provides for reservations in jobs for Scheduled
Castes, Scheduled Tribes, Other Backward Classes (OBC), Economically
Weaker Sections (EWS), and women. This aims to make the bureaucracy
more representative and overcome social inequalities.

 All-India Services (IAS/IPS):

 o Officers selected by the UPSC for the Indian Administrative Service (IAS)
and Indian Police Service (IPS) form the backbone of higher-level
bureaucracy in the States.

o The District Collector, for example, is typically an IAS officer.

o While assigned to a particular State and working under State government

supervision, these officers are appointed by the central government, can
return to central service, and only the central government can take
disciplinary action against them.

o This structure strengthens the control of the central government over State
administration.

 Challenges and Accountability:

o Despite being an instrument to deliver welfare policies, bureaucracy is often

powerful and perceived as insensitive to ordinary citizens.

o While democratic control is necessary, too much political interference can turn
bureaucracy into a political instrument.

o Concerns exist about protecting civil servants from political interference and
ensuring their accountability to citizens.

o Measures like the Right to Information (RTI) are expected to enhance

bureaucracy's responsiveness and accountability.

Conclusion

 The modern executive is a powerful institution of government, necessitating robust

democratic control.

 The Constitution makers foresightedly chose a parliamentary executive to ensure

regular supervision and control.

 Periodic elections, constitutional limits on power exercise, and democratic politics

together prevent the executive from becoming unresponsive.

Imagine the government as a large, complex ship. The Legislature would be like the ship's
designers and the company that owns the ship – they decide the ship's purpose, its rules, and
its overall journey. The Executive is the captain and the crew. The political executive (Prime
Minister and ministers) is like the captain and the senior officers, who make the big decisions
on the bridge, navigate the ship, and decide on the daily operations and policies. The
permanent executive (bureaucracy) is the rest of the crew, from engineers to navigators to
cooks, who ensure the ship runs smoothly day-to-day, implementing the captain's orders and
maintaining all systems. The captain (PM) is powerful, but ultimately, they lead with the
confidence of the ship's owners (Legislature) and their senior officers (Council of Ministers).
The ship needs a flag (the President) to represent it globally and a fixed point of authority,
even if the captain is the one steering.