Unit 3: The Executive
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
- The President is elected not directly by the people but by members of an **electoral college**.
- The electoral college consists of:
- The elected members of both the Houses of Parliament (MPs).
- The elected members of the legislative assemblies of the states (MLAs).
- The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
- The election is held in accordance with the system of **proportional representation by means of the single transferable vote** and the voting is by secret ballot.
Impeachment Procedure (Article 61)
The President can be removed from office for 'violation of the Constitution' through a process of impeachment.
- The impeachment charges can be initiated by either House of Parliament.
- 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.
- 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.
- The other House investigates the charges. The President has the right to appear and to be represented at such an investigation.
- 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 Power | Description |
|---|
| Executive Powers | Appoints the Prime Minister, Council of Ministers, Attorney General, Governors, etc. He is the supreme commander of the defence forces. |
| Legislative Powers | Summons and prorogues Parliament, dissolves the Lok Sabha, gives assent to bills, promulgates ordinances when Parliament is not in session. |
| Financial Powers | Money bills can be introduced only with his prior recommendation. He constitutes a Finance Commission every five years. |
| Judicial Powers | Appoints 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 Powers | International treaties and agreements are negotiated and concluded in his name. |
| Military Powers | Supreme commander of the armed forces. Declares war or concludes peace, subject to the approval of Parliament. |
| Emergency Powers | Can 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
- Head of Government: He is the head of the Union Council of Ministers.
- Link between President and Cabinet: He communicates all decisions of the cabinet to the President.
- Leader of the House: As the leader of the majority party, he is the leader of the Lok Sabha.
- Chief Spokesperson: He is the chief spokesperson of the Union government.
- Foreign Policy Architect: Plays a significant role in shaping the country's foreign policy.
- Chairman of Key Bodies: He is the chairman of the NITI Aayog, National Integration Council, etc.
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:
- Cabinet Ministers: Head important ministries. They form the 'Cabinet', which is the highest decision-making body.
- Ministers of State: Can be given independent charge of ministries/departments or can be attached to cabinet ministers.
- Deputy Ministers: Attached to cabinet ministers or ministers of state to assist them.
Powers and Functions
- The CoM is the real executive in the Indian political system.
- It formulates and determines the policies of the government.
- It has control over the national finance.
- It introduces most of the bills in the Parliament.
- It advises the President on making appointments to key constitutional posts.
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.