Unit 3: The Executive

Table of Contents

The President

The President of India (Articles 52-62) is the head of the Indian state. He is the first citizen of India and acts as the symbol of unity, integrity, and solidarity of the nation. He is the **nominal/de jure executive**.

Election

Impeachment Procedure (Article 61)

The President can be removed from office for 'violation of the Constitution' through a process of impeachment.

  1. The impeachment charges can be initiated by either House of Parliament.
  2. The charges must be signed by at least one-fourth of the members of the House, and a 14-day notice must be given to the President.
  3. After the impeachment resolution is passed by a **special majority (two-thirds of the total membership)** of that House, it is sent to the other House.
  4. The other House investigates the charges. The President has the right to appear and to be represented at such an investigation.
  5. If the other House also sustains the charges and passes the resolution by a special majority, the President stands removed from his office.
Key Point: Impeachment is a quasi-judicial procedure in the Parliament. No Indian President has ever been impeached.

Powers and Functions

The President's powers are extensive but are exercised, in practice, on the advice of the Prime Minister and the Council of Ministers.

Type of PowerDescription
Executive PowersAppoints the Prime Minister, Council of Ministers, Attorney General, Governors, etc. He is the supreme commander of the defence forces.
Legislative PowersSummons and prorogues Parliament, dissolves the Lok Sabha, gives assent to bills, promulgates ordinances when Parliament is not in session.
Financial PowersMoney bills can be introduced only with his prior recommendation. He constitutes a Finance Commission every five years.
Judicial PowersAppoints the Chief Justice and judges of the Supreme Court and High Courts. Has the power to grant pardon, reprieve, respite, or remission of punishment (Article 72).
Diplomatic PowersInternational treaties and agreements are negotiated and concluded in his name.
Military PowersSupreme commander of the armed forces. Declares war or concludes peace, subject to the approval of Parliament.
Emergency PowersCan declare National Emergency (Art. 352), State Emergency/President's Rule (Art. 356), and Financial Emergency (Art. 360).

Prime Minister

Appointment and Role

The Prime Minister (PM) is the **real/de facto executive** authority. **Article 75** states that the Prime Minister shall be appointed by the President. The President appoints the leader of the majority party in the Lok Sabha as the PM.

The Prime Minister is the "keystone of the cabinet arch" and "primus inter pares" (first among equals).

Role and Functions

Union Council of Ministers

Composition

The Council of Ministers (CoM) is the body of ministers, headed by the PM, that aids and advises the President. **Article 74** states there shall be a CoM with the PM at the head to aid and advise the President.

It consists of three categories of ministers:

  1. Cabinet Ministers: Head important ministries. They form the 'Cabinet', which is the highest decision-making body.
  2. Ministers of State: Can be given independent charge of ministries/departments or can be attached to cabinet ministers.
  3. Deputy Ministers: Attached to cabinet ministers or ministers of state to assist them.

Powers and Functions

Key Concept - Collective Responsibility: This is the bedrock of the parliamentary system, mentioned in **Article 75**. The ministers are collectively responsible to the Lok Sabha. This means they "swim and sink together." If a no-confidence motion is passed against the government, the entire council of ministers has to resign.