18 ached Ns) NCERT CLASS XI INDIAN CONSTITUTION AT WORK et 1 Sl cS = |8 aca PANS) Tce oit a} 2 OC a mT na me eer) Poona Cte ee ECG Cee en = ara law and order and lock after the welfare of the people. The Constitution ensures that they work in coordination with each other and maintain a eee ee een Cae eee aL nes legislature are interdependent: the legislature controls the executive, and, in eo anes Ree On Cn a Runny Peet eg ere18 ache TNs) Mae Mela = Clay The word executive means _a body of persons Pee ened eae Reece eee? tS wie Site BAC Who is in charge of the administration of your school? Who takes ans Peace Cee CL ean Rec el a Me cae eae tee (eer office holder has to take decisions and implement those decisions, We call this, CeCe CC Ce aCe eee en ae] the top that will take policy decisions or the big decisions and supervise and coordinate the routine administrative functioning Re ee Re oe ee RC RR ola ee Ray some office holders implement those decisions in actual day-to-day ee ete18 aca PANS) In the case of government also, one body may take policy decisions and decide about rules and regulations, while the other one would be in charge of implementing those rules. The organ of government that p Pe ea eden en ee nae keer What are the principal functions of the executive? Execulive is the branch of government responsible for the implementation of laws and policies adopted by the legislature. The executive is often involved in framing of policy. The official Pe ee eee De ee et ee ee es Gee nee ea eee Ce eg presidents, prime ministers and ministers. I also extends to the administrative machinery (civil servants). While the heads of government and their ministers, Pct ee eer ce eae ce ome a hy as the political executive, those responsible for day to day administration are Pel eee econ8 aca PANS) : < fotus What are the different types of Executive? eas} a ao a ys His a ey ee aac ulate Chcled, pisos18 acta PANS) eee aL = Cea OM I ola co) the constitution of Sri Lanka was. CC) Co RCE macy many iaicbaccl, Uinibs io coun ef esto Petra, aca ‘Prt gr kere ecg eee nent ta (ee oan es ele ie ee ee CRU CR CU eR ae |r efron iba perpen fete a gineres i eee a ft Ce ee UCM RL oC MCh RS Prime Minister, or ministers. Apart from being the elected Head of State and the ce ee A eR ee UM a) ets / E vm ee A rc x ON ea loa Plead el re aoe a anzd Const: Counc f sgetibeenteess EG cud aaratd ETN ee ao oad8 acta PANS) Decne a cst Mun a eran Re Rn ee aca es) Ce ee eee Sat ae eae Ce ‘experience had shown that in the parliamentary system, the executive can be Pree ese ea Indian Constitution wanted to ensure that the government would be sensitive to public expectations and would be responsible and accountable, The other Oc Cue ee ea Pe eee eet ee eee Nae ice ae I dd Cee ee a my coe ee oe Reem eam tn emt eg eee Cae ee eee ee ee eae ee Pere eo aay Pipe sn a ear oe eng ensure That the executive will be answerable to and controlled by the legislature ‘er people's representatives, So the Constitution adopted the parliamentary SC aa Ae ee Sea18 acta PANS) od Cee RRS CU OR Ra ld state of India and the Prime Minister and the Council of Mi a nS a Ra ee a Wn Governor and the Chief Minister and Council of Ministers. Oa Ree Cece can Ratan anc anc) rere} President. In reality, the President exercises these powers through the Council of Coll Ministers headed by the Prime Minister. The President is elected for a period of a five years. But there is no direct election by the people for the office of dee President, The President is elected indirectly. This means that the president is ete See nea ennai eee eer oN Meccan Bn = Ma ah SRC ere ee Cae ee ee eer CR it ere SR a e ee c ees ‘The President can be removed from office only by Parliament by following the procedure for impeachment. This procedure requires a special majority as explained in the last chapter. The only ground for impeachment is ‘the Constitution, Pees .8 aca PANS) Power and position of President Kiticle 74 (1): There shall be a Council of Ministers with the Prime Minister at the head to aid and ‘advise the President who shall in the exercis4 ‘of his functions, act in accordance with such advice. Provided that the President may require t reconsider such advice....., and the President shall act in accordance wi tendered after such reconsideration. aA WhoO BYJU'S cts IAS8 Eta PANS) res ceca Rm a CoC + On the basis of the above discussion can we infer that the President has no discretionary power under any circumstances? This will be an incorrect assessment. Constitutionally, the President has a right to be informed of all important matters and deliberations of the Council of Ministers. The Prime Minister is obliged to furnish all the information that the President may call for. The President often writes to the Eee eurnt PetCo eR COE ecient necting "We did not give him any real power but we have made his Pee eee eae eae eed Ceol Beet emia ee ice a eae) ee Cee cae Jawaharlal Nehru CAD, Vol. VI, p. 7348 aca PANS) Besides this, there are at least three situations where the President can exercise the powers using his or her own discretion. In the first place, we have already noted that the President can send back the advice given by i the Council of Ministers and ask the Council to reconsider the decision.18 ache TNs) Rr Me Co ST eg eoe Ne hare OM Tes (Ce eet aT) i eS passed by the Parliament js rt oe Poa Raid Ream GSL 8 ache Ns) Then, the third kind of discretion arises more out of poli Cece a ea eae Ted \ Tele Ee aoor Pua coe cee rrr SMMC et Ce meeC eciec ny anh) ee erent Bd Sasa Tea ees oe eel Saeed State legislatures are not part of the com President may be removed frém his office by a resolution of the Rajya % rn Ren CCM nue eee ieee Re ACM eel acti st Mad en tod Le ue eet eee Ie Uist Aeurimrn Nm Me eRe aT (cu takes over the office of tre Presid Oe RC eee Cea carmen ate ec Care ee The Vice President acts as the President only until a new President is Prater Fi18 acta PANS) ster and Council of Ministers TT) No discussion of government or politics in India, would normally take place without mentioning one office: the Prime Minister of India. Can you Fee R ae ean Oa nee gece uence ite the President exercises his powers only on the advice of the Council of ea eee oe Rm Therefore, as head of the Council of Ministers, the Prime Minister See eee ae ce eee eee ce re Poti1B NS} SMart then ae Coa Te Um ecto OCs Tcl Beemer atime um ieee ee enue enum ene d cabinet minister, minister of Stale or depuly minister. In the EO CL eS eC mae MuCLe from their own party or coalition. The Prime Minister and all the ministers have to be members of the ,Parliament. If someone becomes a minister or Prime Ministef without being Seen ier ae ee ae ne SeanScr Size of the Council of Ministers + Before the 91st Amendment Act (2003), the size of the Council of nee ance Ree hee ence aes eT requirements of the situation. But this led to very large size of the Council of Ministers. Besides, when no party had a clear majority, een cee ena Cet So ea eae ied Degen eat eae a ee eaten eed eee ee ae Oe ee mT Rane e neha Cer ee ora Carat nee eon Ie ett ie mae eer eg exceed 15 percent of total number of members of the House of the Peesea nee a cos 1 ay i oy1B Ns} oe een poe enc en ete ee eee eS ea eee Cae a aie ene te ee ee SO tesa enna hee keene eg ine ee ie eee ea Beene eR iC some enna es Poe a eae Onan ie eee ee eg ey ae oe ee eter en Nec ee mee caer eer eens1B NS} , GC ORCC ere eae eT ae ete Pa Lee ister Ce Re ee eu Ral et has taken the oath of office. The death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministers but the demise, dismissal or resignation of a minister only eC Cielete tho ait MMI ee RM aL ask the Council of Ministers on the one hand and the President as well as CCU RU ee ee CCR eal an cre Pt. Nehru to describe him as ‘the linchpin of Goverment’. It is also the RT eae Melee Maa LR Com Sree Cd CM MOC eae LoL Te MR COMLALY Cree MO UM esc stone Moog el Ce Teay BU Mat M Uae mE No Me eee els eco aa oe [OCU LAL Crees Teese eta acura8 aca PANS) Sa ee eee mea te ORE ener te aos ica Boer eae aCe ie ea Sabha, command over the bureaucratic ee Ce a att eee ene Poa ia ea ae clea a BP eae ere iat On are RCL CeCe Eanes f1B oa Ns) However, the power which the Prime Minister wields and actually puts into ufé depends upon the prevailing political conditions8 aca PANS) Permanent Executive: Bureaucracy NSM ay lh Mat Me oom Ma aU NT =o MON LMA Me SC UA COL LAT Prime Minister, the ministers and a large organisation called Ria AUER Col ego ALATA Lhe LaT tp ALY underline the difference between this machinery and the military service, it is described as civil service. Trained and Ae Aen Cn acm acucuin ole come mers government are assigned the task of assisting the ministers in formulating policies and implementing these policies.18 NS) In a democracy, the elected representatives and the ministers are in charge of government and the administration is under their control and Aeon ee erga CeCe eat eee ios Pee ee tte eee cat Reena Dee eee eee ance ee etic a ge ene re RSC ne te ees Rs ART a ee a) eee see Mec ear mer icc Mena nee ie PTCA ee Serie ree also expected to be political js means that the bureaucracy will not take any political posifiston policy matters. In a democracy, it is Case CR ee once ieee mC government wants to opt for new policies in the place of policies of the Romeo eC ie Re tan eee nC MCe ant acer) Cree ca DARL Oat ae Wier ane coe aay drafting the policy and in its implementation Bie eau os18 hachbal rN) The Indian bureaucracy today is an enormously complex system. It consists of the ee and managerial staff running public sector undertakings. Makers of our Constitution A eS ae ye ae te eS! were aware of the importance of the non-partisan and professional bureaucracy. They also wanted the members of the civil services or bureaucracy to be impartially selected on the basis of merit. So, the Union Public Service Commission has been entrusted with the task of conducting the process of recruitment of the civil servants for the government of India. Similar public service commissions are provided for the eee on en eee eae ea eke cee ee ence nam iced een orien ina ea are COT Utes ere ee) of the Supreme Court. While efficiency and merit are the norms for recruitment, the Constitution also Ce eee eee ene eee ae ‘opportunity to be part of the public bureaucracy.8 aca PANS) Persons selected by the UPSC for Indian Administrative Service and Indian Police Service constitute the backbone of the higher level bureaucracy in the States. You may know that the collector of a district is the most important officer of the government at the disirict level. Do you know that the collector is normally an IAS officer and that the officer is governed by the service conditions laid down by the central government? An IAS or IPS officer is assigned to a particular State, where he or she works under the supervision of the State government. However, the IAS or IPS officers are appointed by the central government, they can go back into the service of the central government and most importantly, only the central government can take disciplinary action against them. This means that the key administrative officers of the States are under the supervision and control of the central government. Apart from the IAS and the IPS officers appointed by the UPSC, the administration of the State is looked after by officers appointed through the State Public Service Commissions. a eietieenen ise ate a ’ Un \ et Lh — we nd oe Ree ES ate BSCR eget) pee ae acon ere eke a) ene)8 NS) a eee era ea ete Ree ee te eg Pee et he eee nto ae eee tent pee ee ere ede eee eee ean eel Reet eee ea eee tice oan un Ro cae Pe eee eae an Ie ee eee ec orn ae ee PP ee no ee ceo mee em eee sits ee CnC een Cee Ce rae Recomm ito ROC Re eet a eee emo aes the politician, Though the Constitution has created independent machinery for recruitment, many people think that there is no provision meer eee ee ee ce eR aie Cem ete one he eae eae nce) oon tce cect cic eee ices eee my There is an expectation that measures like the Right to Information may Der vane eee eee ets a a Sa Fs8 aca PANS) , ore ON forte lero) te v7 eC coh Cae ce re an) government. The executive enjoys greater powers compared to Ome aL acn Me aa Ce ee eager Pe er en Ree oem ey Pe sen iean et nm oases ie Mcrae atte Pee eect ee aCe eee co Tea Pere en mean Ce ei Co carte constitutional limits over the exercise of powers and democrat politics have ensured that execufive organ cannot become Prt) sae