Powers and Functions of the President:
The President of India is the constitutional head of the country and plays a crucial role in the governance of the nation. The
President exercises their powers on the advice of the Council of Ministers headed by the Prime Minister.
1. Executive Powers
• Head of the Executive: All executive actions are taken in the name of the President.
• Appointments: The President appoints:
• The Prime Minister and, on their advice, other ministers.
• Governors of states.
• Chief Justice and judges of the Supreme Court and High Courts.
• The Attorney General and other key officials.
• Supreme Commander: The President is the Supreme Commander of the Armed Forces and appoints chiefs of the Army, Navy, and
Air Force.
2. Legislative Powers
• Part of Parliament: The President is an integral part of the Indian Parliament.
• Summoning and Dissolving:
• Summons and prorogues sessions of Parliament.
• Dissolves the Lok Sabha on the advice of the Prime Minister.
• Assent to Bills:
• A bill passed by Parliament becomes a law only after the President’s assent.
• Can return a bill for reconsideration (except Money Bills).
• Ordinances: The President can issue ordinances when Parliament is not in session, which have the same effect as laws.
• Special Address: Addresses Parliament at the beginning of the first session after a general election and at the beginning of the
budget session.
3. Judicial Powers
• Granting Pardons:
• Can pardon, reprieve, remit, or commute sentences, including the death penalty, particularly in cases involving violations of
federal laws.
4. Financial Powers
• Budget: No money bill can be introduced in Parliament without the President’s recommendation.
• Financial Commission: Appoints the Finance Commission, which recommends how revenues are shared between the center and
the states.
5. Military Powers
• As Supreme Commander of the Armed Forces, the President has the power to:
• Declare war or conclude peace, on the advice of the Council of Ministers.
6. Emergency Powers
The President has special powers during emergencies:
1. National Emergency (Article 352):
• When the country faces war, external aggression, or armed rebellion.
2. President’s Rule (Article 356):
• When a state government cannot function according to the Constitution.
3. Financial Emergency (Article 360):
• When the financial stability of the country is threatened.
7. Diplomatic Powers
• Represents India in international forums.
• Appoints ambassadors and high commissioners to other countries.
8. Miscellaneous Powers
• Can nominate 12 members to the Rajya Sabha from fields like art, science, literature, and social services.
• Can nominate 2 members to the Lok Sabha from the Anglo-Indian community (if required).
Conclusion
The President of India plays a ceremonial role but holds significant powers in legislative, executive, judicial, and emergency matters.
While they act on the advice of the Prime Minister and the Council of Ministers, the President’s role is crucial in maintaining the
stability and integrity of the Indian democracy.
Powers and Functions of the Judiciary :
The Judiciary is the branch of government responsible for interpreting laws, resolving disputes, and upholding the Constitution. It
ensures justice, protects fundamental rights, and maintains the rule of law in the country.
Key Powers and Functions of the Judiciary
1. Interpretation of Laws
• The judiciary interprets the laws made by the Legislature.
• It ensures that laws are applied correctly and fairly.
2. Judicial Review
• The judiciary has the power to review laws and executive actions to ensure they are in line with the Constitution.
• If any law or action violates the Constitution, it can be declared unconstitutional or invalid.
3. Protection of Fundamental Rights
• The judiciary safeguards the fundamental rights of citizens.
• If rights are violated, individuals can approach the courts for protection and justice.
4. Resolving Disputes
• Resolves disputes between:
• Citizens.
• Citizens and the government.
• Different states.
• The central government and state governments.
5. Independence of Judiciary
• The judiciary is independent of the Legislature and Executive.
• Judges are free to make decisions without any political interference.
6. Judicial Decisions
• The judiciary provides final decisions in both criminal and civil cases.
• It punishes those who violate laws and compensates victims.
7. Advisory Role
• The Supreme Court can advise the President on legal matters when sought.
8. Guardian of the Constitution
• The judiciary ensures that the Constitution is upheld.
• It prevents the government from violating constitutional provisions.
9. Power to Issue Writs
• To protect fundamental rights, courts can issue writs like:
• Habeas Corpus: Protects individuals from unlawful detention.
• Mandamus: Orders public officials to perform their duties.
• Prohibition: Stops lower courts from exceeding their jurisdiction.
• Certiorari: Transfers a case to a higher court for review.
• Quo Warranto: Challenges the legality of a person’s claim to public office.
Structure of the Judiciary
The Indian Judiciary has three levels:
1. Supreme Court: The apex court and final authority in legal matters.
2. High Courts: Operate at the state level.
3. Lower Courts: Include district and session courts at the local level.
Conclusion
The judiciary is the protector of justice, equality, and liberty in the country. It ensures that all individuals and institutions, including the
government, function within the limits of the Constitution, thereby maintaining the rule of law and democracy.
Prime Minister and Cabinet:
In a parliamentary system like India, the Prime Minister and the Council of Ministers (Cabinet) play a crucial role in the governance
and administration of the country. The Prime Minister is the head of the government and leads the Cabinet in decision-making.
Prime Minister
1. Appointment of the Prime Minister:
• The President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister.
• If no party has a clear majority, the President can invite a leader they believe can secure majority support in the Lok Sabha.
2. Role and Powers of the Prime Minister:
1. Head of the Government:
• The Prime Minister is the real executive head of the country.
2. Leader of the Cabinet:
• Chairs Cabinet meetings and coordinates the work of ministers.
3. Advisor to the President:
• The President acts on the advice of the Prime Minister in most matters.
4. Leader of the Lok Sabha:
• Represents the government in Parliament and plays a key role in policy-making.
5. Formation of the Council of Ministers:
• The Prime Minister selects ministers and allocates portfolios (departments).
6. International Role:
• Represents India in international forums and treaties.
7. Crisis Manager:
• Takes key decisions during emergencies or national crises.
Council of Ministers
1. Composition of the Council of Ministers:
The Council of Ministers consists of three categories:
1. Cabinet Ministers: Senior ministers in charge of important ministries like Finance, Home, and Defence.
2. Ministers of State: Handle specific responsibilities within ministries or work under Cabinet Ministers.
3. Deputy Ministers: Assist Cabinet or State Ministers in their duties.
2. Collective Responsibility:
• The Council of Ministers works as a team and is collectively responsible to the Lok Sabha.
• If the Lok Sabha passes a no-confidence motion against the government, all ministers, including the Prime Minister, must
resign.
3. Powers and Functions of the Cabinet:
1. Policy Making:
• Formulates policies on national and international issues.
2. Administration:
• Ensures the smooth functioning of various departments and ministries.
3. Legislation:
• Drafts and introduces bills in Parliament.
4. Budget:
• Prepares the annual budget and oversees financial matters.
5. Crisis Management:
• Handles emergencies and other critical situations.
Relationship Between the Prime Minister and Cabinet:
• The Prime Minister is the leader of the Cabinet and holds the most important position in the Council of Ministers.
• The Cabinet functions as a collective decision-making body, but the Prime Minister has significant influence over decisions.
Conclusion:
The Prime Minister and the Council of Ministers form the backbone of the executive branch in India. They are responsible for
policy-making, administration, and maintaining accountability to the Parliament, ensuring the effective governance of the country.
Political Executive (Class 9)
The Political Executive refers to elected representatives who hold positions of power and make key decisions in the governance
of a country. They are different from the Permanent Executive (bureaucracy) as they are accountable to the people and serve for
a fixed tenure.
Key Features of the Political Executive
1. Temporary Tenure:
• Political executives are elected for a fixed term (e.g., 5 years in India).
2. Policy-Making Role:
• They make major decisions regarding policies, laws, and administration.
3. Accountability:
• Political executives are accountable to the Parliament and, ultimately, to the people.
4. Elected Representatives:
• Members of the political executive are elected either directly by the people (e.g., Members of Parliament, Prime Minister) or
indirectly (e.g., President of India).
Levels of the Political Executive in India
1. Head of State (President):
• The President is the constitutional head of the state.
• Their role is largely ceremonial, and they act on the advice of the Council of Ministers.
2. Head of Government (Prime Minister):
• The Prime Minister is the real head of the government.
• They lead the Council of Ministers and are responsible for policy decisions and administration.
3. Council of Ministers:
• Includes Cabinet Ministers, Ministers of State, and Deputy Ministers.
• They are responsible for different ministries like Defence, Finance, Education, etc.
4. Chief Ministers and State Governments:
• In states, the Chief Minister and their Council of Ministers form the political executive and handle state-level governance.
Functions of the Political Executive
1. Policy Formulation:
• They decide on policies related to economic, social, and national development.
4. Implementation of Laws:
• The political executive oversees the implementation of laws by the permanent executive (bureaucracy).
3. Administration:
• Supervises the functioning of different ministries and departments.
4. Decision-Making:
• Makes decisions on domestic and international issues such as education, defence, foreign policy, and economic reforms.
5. Representation:
• Represents the country or state in national and international forums.
6. Accountability:
• The political executive is answerable to the Parliament or State Assembly for its actions and policies.
Conclusion
The Political Executive plays a vital role in a democracy, as it ensures that the government works in accordance with the will of the
people. While the Permanent Executive helps in implementing policies, the political executive takes crucial decisions to shape the
country’s future.