EXECUTIVE

 

 

1. Executive 

 

Every country will have an executive but necessarily of the same type. Some countries have Presidents only, some have Prime Ministers only and some have both President and Prime Minister. The powers vary from one country to another, the Queen of England and the King of Bhutan will not have the same executive powers. The following is the list of countries and their executive powers. 

 

Country Executive Power
United States of America Presidential system and the executive powers vested with President only
Canada Parliamentary democracy with constitutional monarchy Queen Elizabeth II is the formal chief of State but executive powers are with Prime Minister
France

Both President and Prime Ministers are part of a semi-presidential system

The president appoints the Prime Minister as well as Ministers but the President cannot dismiss them as they are responsible for the Parliament

Japan governmentidential System: The President is the head of the state as well as the government. The office of the President is very powerful, both on Paper and in Practice. The USA, Brazil and Most Latin Countries have this system. 
 
 
Parliamentary System: The Prime Minister is the head of the government. Most Parliamentary systems have who is the nominal head of state. The role of the President or monarch is ceremonial, Ministers along with ministers vested with all the effective powers
the 
Semi-Presidential System:  In 1978, Sri Lanka amended their constitution and introduced an executive Presidency. The president will be elected directly by the people as well as the Prime Minister, they both can be of the same party or different Parties. The president will have vast Powers under this constitution and the President will choose the Prime Minister from the party which has the Majority. The president is elected for 6 years and he can remove the Prime Minister and Ministers too. 

 

2. India- Parliamentary Executive

 

According to this system, there is a president who is the formal head of the state of India. Prime Minister and Council of Ministers that runs the government at the Centre. At the State level, Executives comprise of Governor, Chief Minister and Council of Ministers

2.1. President of India

Constitution of the India vests the executive power of the union formally with the president. 
The president exercises these powers through the council of ministers headed by the Prime Minister. 
 
Qualifications
  • Must be a Citizen of India
  • Must be of age above 35 years
  • Must be qualified for election as a member of the House of People (LS)
  • Must not hold any office of profit under the government of India or any state or local
Electoral College of President
  • The president is elected for five years,
  • There is no direct election from the people to the office of the President, the President is elected indirectly
  • The President's electoral college consists of –Elected Members of Parliament, elected members of the State assembly
  • This election takes place by the principle of proportional representation of transferable vote
President Impeachment: The President can be removed from office only by the parliament by following the procedure for impeachment. This procedure requires a special majority. The President of India can only be removed on the grounds of Violation of the Constitution. 
 
Powers of the President: Article 74(1): There shall be a Prime Minister with the council of Ministers at the head to aid and advise the President who shall (advice is binding) in the exercise of his functions, act by such advice. President has a wide range of executive, legislative, judicial and emergency powers, President exercises these powers on the advice of the council of ministers. 
 
Discretionary Powers
  • The president has a right to be informed on all the matters and deliberations of the council of ministers
  • The Prime Ministers is obligated to furnish all the information that the president may call for
  • The President often writes to the prime Minister and expresses his concerns on matters confronting the country
  • President can send back the advice of the Council of Ministers and ask them to reconsider
  • Council can still send that advice again, this time President would then be bound by the advice
  • President has a veto power to withhold or refuse to give consent to bills –Other than Money Bills which are passed by the parliament
  • This ‘veto’ power is limited because, if the Parliament passes the same bill again and sends it back again to the President, then the President has to give assent to the bill, however, there is no limit to keeping the bill pending with President
  • When no Party has a clear majority, the President has the discretion power to select the Prime Minister

 

2.2. Vice President of India

Qualifications
  • Must be a Citizen of India
  • Must be of age above 35 years
  • Must be qualified for election as a member of the House of People (LS)
  • Must not hold any office of profit under the government of India or any state or local
Electoral college of Vice President
  • Vice President is elected for five years
  • Electing Vice President is similar to electing the President but Members of the state Legislatures are not part of this electorate
  • The vice president may be removed from office by a resolution passed in the Rajyas Abha by a majority and agreed to by the Lok Sabha
  • Vice President acts as the ex-officio chairman of the Rajya Sabha
  • Vice President will take over the office of the President when there is a vacancy by the reasons of death, resignation, removal by impeachment otherwise

 

2.3. Prime Minister and Council of Ministers

  • The Council of Ministers is headed by the Prime Minister, which makes him the most important functionary of the government in our country
  • In the Parliamentary form of executive, it is essential that the Prime Minister has the support of the Majority in the Lok Sabha
  • Formally, a leader who has the support is appointed as the Prime Minister. Then he decides who will be the ministers in his council
  • Chief ministers also choose ministers once He/she proves their Majority
  • If someone is made Prime Minister, within 6 Months he needs to get elected
  • According to the 91st amendment of the Constitution says that the Council of Ministers shall not exceed 15% of the total number of the people in the House
  • Council of Ministers is collectively responsible to the Lok Sabha
  • The Minister who loses the confidence of the Lok Sabha is obliged to resign
  • Collective responsibility is based on the principle of solidarity of the cabinet vote of no confidence against a single minister leads to the resignation of the entire Council of Ministers
  • The Prime Minister enjoys a pre-eminent place in the government, without the Prime Minister there is no council of Ministers
  • The death, or resignation automatically brings about the dissolution of the council of ministers, but the demise, dismissal and resignation of a minister creates a vacancy in the council only
  • At the State level, similar parliamentary executives exist, though with variations
  • Governor of a state is appointed by the President on the advice of the Union government
  • In the state, the chief minister is the same as the prime minister but the governor has more discretionary powers than the chief minister. 
 
2.4. Parliamentary executive: Bureaucracy
 
  • The executive organ of the government includes the Prime Minister, the ministers and a large organization called the bureaucracy or administration machinery
  • To underline the difference between this administrative machinery and Military machinery, these are named civil service
  • Trained and skilled officers who work as permanent employees of government are assigned tasks to assist ministers in formulating policies as well as implementing them
  • In a democracy, the elected representatives and the ministers are in charge of the government and the administration is under their control
  • In the parliamentary system administration is under state legislation control too
  • The administrative officers cannot act in violation of the policies adopted by the legislature
  • It is the responsibility of the ministers to retain political control over the administration
  • India has professional administrative machinery, but they are accountable to the political system
  • The bureaucracy has to be politically neutral, they can’t take any political positions on policy matters
  • The Indian bureaucracy is a complex system, it consists of All India Services, State services, employees of the local government and the technical, and managerial staff running the Public sector Undertakings
  • The Union Public Service Commission has been entrusted with the task of conducting the process of recruitment of civil servants to the government of India
  • Similar public service commissions are established and entrusted with similar tasks for the recruitment of state machinery
  • The bureaucracy is an instrument through which all the policies reach people

 

Previous Year Questions 

1. Consider the following statements (UPSC 2023)

  1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
  2. Elections for the post of the President of India can be postponed on the grounds that some Legislative Assemblies have been dissolved and elections are yet to take place.
  3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.

How many of the above statements are correct?

(a) Only one           (b) Only two             (c) All three                    (d) None

Answer: D

 

2. Consider the following statements in respect of election to the President of India: (UPSC 2023)

  1. The members nominated to either House of the Parliament or the Legislative Assemblies of States are also eligible to be included in the Electoral College.
  2. Higher the number of elective Assembly seats, higher is the value of vote of each MLA of that State.
  3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala.
  4. The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh.

How many of the above statements are correct?

(a) Only one         (b) Only two              (c) Only three         (d) All four

Answer: A

3.  Consider the following statements: (UPSC 2022)

1. A bill amending the Constitution requires a prior recommendation of the President of India.

2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.

3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2 only       (b) 2 and 3 only         (c) 1 and 3 only            (d) 1, 2 and 3

Answer: B

1. Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha. (UPSC 2022)
2. Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC 2018)
3. Instances of the President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. (UPSC 2014)
 
 

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