Unit 3: The Executive in India

The President of India is the Head of State and the first citizen of India. The office is a position of great dignity and authority, although the actual executive power is exercised by the Council of Ministers.

Election Procedure

The President is not elected directly by the people but through an Electoral College. This college consists of:

• The elected members of both Houses of Parliament.
• The elected members of the Legislative Assemblies (Vidhan Sabhas) of all States.
• The elected members of the Legislative Assemblies of Union Territories (Delhi and Puducherry).

The election is held in accordance with the system of proportional representation by means of the single transferable vote.

Impeachment Procedure

The President can be removed from office before the expiry of the term only by impeachment for "violation of the Constitution."

1. The charge can be initiated by either House of Parliament.
2. It must be signed by at least 1/4th of the members of that House.
3. A 14-day notice is given to the President.
4. The resolution must be passed by a majority of not less than two-thirds of the total membership of the House.
5. The other House then investigates the charges. If it also passes the resolution with a 2/3rd majority, the President stands removed.

The powers of the President are categorized as follows:

• Executive Powers: All executive actions are taken in the name of the President. The President appoints the Prime Minister, other ministers, Governors, and the Attorney General.
• Legislative Powers: Summons and prorogues Parliament. Can dissolve the Lok Sabha. No bill becomes an Act without the President's assent. Can issue Ordinances when Parliament is not in session.
• Judicial Powers: Appoints the Chief Justice and judges of the Supreme Court and High Courts. Has the power to grant pardons, reprieves, or remissions of punishment.
• Military Powers: The supreme commander of the defense forces. Declares war or concludes peace, subject to parliamentary approval.
• Emergency Powers: Can declare National Emergency (Art. 352), State Emergency (President's Rule - Art. 356), or Financial Emergency (Art. 360).

"The President is a Constitutional Head who reigns but does not rule." — Dr. B.R. Ambedkar

The Prime Minister (PM) is the Head of Government and the real executive head of the Indian Union.

Appointment

The President appoints the leader of the majority party in the Lok Sabha as the Prime Minister. If no party has a clear majority, the President uses discretionary power to appoint a person who can command the confidence of the House.

Role and Functions

• Leader of the Cabinet: Selects ministers and distributes portfolios among them. He presides over Cabinet meetings and coordinates policy.
• Link between President and Cabinet: Communicates all decisions of the Council of Ministers to the President.
• Leader of the House: Acts as the chief spokesperson for the government in Parliament.
• Chief Advisor: Advises the President on the appointment of high officials.

The Council of Ministers is the body that aids and advises the President in the exercise of his functions.

Composition

1. Cabinet Ministers: Senior members who head major ministries like Home, Defense, and Finance. They attend all Cabinet meetings.
2. Ministers of State: May be given independent charge or attached to a Cabinet Minister.
3. Deputy Ministers: Attached to Cabinet Ministers or Ministers of State to assist them in administrative and parliamentary duties.

Powers and Functions

• Policy Formulation: Decides the domestic and foreign policy of the country.
• Legislative Role: Prepares and pilots government bills in Parliament.
• Financial Control: Prepares the annual budget and manages the national finances.
• Collective Responsibility: The Council is collectively responsible to the Lok Sabha. If the Lok Sabha passes a vote of no-confidence, the entire ministry must resign.

Mnemonics for Executive Roles

P-M-C: President (Nominal), Minister (Prime - Real), Collective Responsibility (to Lok Sabha).