WHAT ARE WE GOING TO STUDY:

• Introduction to Union Executive

• The President of India
• The Vice-President of India
• Council of Ministers
• Prime Minister
• Attorney General of India
• Ministries in Government of India
• Introduction to the civil services
• Comparative perspective with US and UK
• Questions to ponder

WHO/WHAT IS THE EXECUTIVE:

• Involved in framing of policy
• Implementation of laws and policies adopted by the legislature
• Functionaries who take day to day decisions regarding administration
o Internal administration- law and order, infrastructure, economic
management, collects tax, budget
o External administration- foreign policy and defence
• Political executive
o Elected for a specific time period
▪ Represent the people
▪ Empowered to exercise the will of the people on their behalf
o They control the permanent executive
o EXAMPLE: Prime Minister, Council of Ministers, Chief Minister
• Permanent executive
o Civil services
o Continue to remain in office even when governments change
o Work under the political executive
• Parliamentary democracy
o Executive and legislature are interdependent
o Executive linkages with legislative function- orders, rules, bye-laws,
initiating bills in the Parliament
• UNION EXECUTIVE: President, Vice President, Council of Ministers, Prime
Minister and Attorney General of India

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CONSTITUENT ASSEMBLY DEBATES:
• KT SHAH vs HANUMANTHAIYA:
o Preference of parliamentary executive rather than strict separation of
powers
o Focus was more on ensuring responsibility rather than on stability
• RATIONALE:
o Experience with British system of fused parliamentary executive
o The need for a sensitive and responsible government
o To avoid personality cult
o Executive will be controlled and answerable to the legislature
• RESPONSIBLE GOVERNMENT:
o Legislative accountability mechanism that will ensure that the executive is
responsible for its actions and inactions
o Question hour, parliamentary debates and parliamentary processes

PRESIDENT OF INDIA:
CONSTITUTENT ASSEMBLY DEBATES:
• Core discussions revolved around position of the President, possible abuse of
power, elections of the President
• Jawaharlal Nehru- “We did not give him any real power but we have made his
position one of authority and dignity…. A head that neither reigns nor governs”
• Dr. BR AMBEDKAR: “He is the Head… represents the nation but does not rule
the nation”
• KT SHAH: Apprehensive that Indian President might become a centre of power

CONSTITUENT ASSEMBLY DEBATE ON PRESIDENT

ELECTIONS:
• No direct election by the people
o Imagine a president being elected by the People but with no real power
o Nominal head vs effective head
• Election should be more broad based- President for the entire country

WHY DO WE NEED A PRESIDENT:

• PM and Council of Ministers depends on Lok Sabha support
• Executive head needed with fixed term so as to avoid any vacuum
• Republic word of the Preamble – no monarch
• Executive Power of the Union of India and executive head

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WHO CAN BECOME THE PRESIDENT OF INDIA:
• Citizen of India
• Completed the age of 35 years
• Be qualified for election as a member of House of People
• Does not hold any office of profit under the Union or State government or local
authority or any public authority
• IMPORTANT: a sitting president or vice president of the Union, governor of any
state and minister of union or state is not office of profit
• Office of profit condition is maintained to ensure independence of the legislature

ELECTION PROCESS:
ELECTORAL COLLEGE:

• Refers to the set of people who are eligible to vote

• Elected members of the two houses of the Parliament
• Elected members of all the state legislative assemblies (including the assemblies
of UT of Delhi and Puducherry)
• WHO ALL NOT PART OF IT:
o Nominated members of Parliament
o Nominated members of the legislative assemblies
o Legislative councils of States

ELECTION METHOD:

• How to general elections happen? First past the post system

• Secret ballot
• Proportional representation
• Single transferable vote

VALUE OF VOTES:

• Value of vote of an MLA = (Total population of the state/Total number of elected

members in the state legislative assembly) *1/1000
• Vote of an MP= Total value of votes of all the MLAs of all states/total number of
elected members of the Parliament
o Total number of MLAs of all States and UT of Delhi and Puducherry= 4033
o Total value of votes of all MLAs of all states= 5,43,231
o Total number of elected members of Parliament is 776= 543+233
o Value of vote of each MP is 700

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ELECTION PROCESS:

• Ballot paper lists out the candidate names

• Voters indicate their preferences
• Electoral quota= {Total number of valid votes polled /(Number of vacancies +1
)}+1
• First counting= if any candidate gets the quota of votes, then winner
• Else process of transfer of votes:
o Candidate with least number of votes is eliminated
o Her second preferences are added to the first preference votes of other
candidates
• This process continues until a candidate gets the requisite quota

EXAMPLE OF THE PROCESS:

• Suppose 100 voters are there and 4 candidates

• Quota needed is (100/1+1)+1= 51

EACH VOTER FILLS THIS PREFERENCE

NAME OF CANDIDATE PREFERENCE

A 1
B 2
C 3
D 4

AT THE END OF FIRST ROUND:

1 Candidate A 37
2 Candidate B 48
3 Candidate C 5
4 Candidate D 10
• Nobody got the required quota of 51 and candidate C is the last
• The five voters who had given C as first preference are taken and their second
preference is added to A,B,D
o ASSUME: 4 gave B as second preference and 1 gave D as second
preference

AT THE END OF SECOND ROUND:

1 CANDIDATE A 37 0 37
2 CANDIDATE B 48 4 52
3 CANDIDATE D 10 1 11

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CONDITIONS FOR PRESIDENTIAL OFFICE:
• Should not be a member of either house or state legislative assembly
• No office of profit

OATH OF OFFICE:
• Faithfully execute the office of the President
• Preserve, protect and defend the Constitution and law
• Devote to the service and wellbeing of the people of India
• QUESTION: Who truly guards the Constitution? - Supreme Court or President

TERM OF OFFICE and REMOVAL:

• Term of office
o Five years and any number of times election
o US president two term limit
• Resignation- writing to Vice President

REMOVAL OF THE PRESIDENT:

• Violation of constitution
• Impeachment
• Either house can present the charge of violation of Constitution against the
President- (543, 245)
• Written notice of 14 days- Not less than one-fourth of total number of members
of the House
• Resolution must be passed by not less than two-thirds of the total membership of
the House
• Then sent to the next House
o The other house investigates the charges
o If after investigation that house passes a resolution by two-thirds majority
of the total number of its members then the resolution has the effect of
removing the President
• ANALYSIS:
o Principles of natural justice- the President will have the right to be
represented
o Quasi-judicial function of Parliament- judicial function performed by the
legislature
o The entire parliament participates in it- including nominated members-
different from the election of the President
• No President has been impeached till date

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VACANCY of the office of PRESIDENT:
• Expiration of term
o Election to fill must happen before the expiry of five years
o The President continues till the next President comes in
o No role for Vice President
• Death, resignation, removal or otherwise
o Disqualification from office, invalidation of election- examples of
otherwise
o Vice President holds it but elections have to happen not later than six
months from the date of vacancy
o What if VP is also not there- chief justice of SC and so on- example of Zakir
Hussain, VV Giri and Justice Hidayatullah

POWERS OF THE PRESIDENT:

EXECUTIVE POWERS:

• CORE UNDERSTANDING:
o All executive actions of the government of India are formally taken in his
name
o Is it his/her personal satisfaction??- Aid and advice of Prime Minister
and Council of Ministers
• He can seek information relating to the administration of the affairs of the Union
and proposals for legislation from PM
• Appointment powers: PM, ministers, AG, Comptroller and Auditor General,
governor of a state, Chief Election Commissioner and Election Commissioners
• Appointing and removal powers: Individual ministers, attorney general of India,
governor of a state, Judge of High Court and Supreme Court, Chief Election
Commissioner and other Election Commissioners
• Supreme commander of the Armed forces and armed forces appointments- civil
military relationship

LEGISLATIVE POWERS:

• Part of the Parliament- separation of powers

• Summoning, prorogue and dissolution of the two Houses of Parliament
• Summon a joint sitting of both houses in case of deadlock
• Presidential address- lays down the programme of the government
• Nominate members to RS- 12 members- literature, science, art and social service
• Laying reports before Parliament- Budget, CAG reports, UPSC, finance
commission
• Assent to legislation for bill to become an Act
o Provide Assent
o Withhold the Assent

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 o Return the bill- if bill passed again then he must assent
o QUESTION: TIME LIMIT ISSUE- SC verdict
• Ordinance making powers
o Separation of powers
o Legislate by ordinance
o Recess of Parliament- houses not in session – can promulgate even if one
House is not in session
o Limits of ordinance making power??- constitutional amendments cannot
be done, scope of subjects remains the same
o Same effect as a legislation
o Shall be laid before both the Houses of Parliament
o Six weeks after the reassembly of Parliament- ceases to operate
o Or can be withdrawn or resolution passed by the Parliament against it
o The effects of Ordinance remain even if it lapses
• QUESTION:
o Ordinance powers and separation of powers??- Analysis
o Why not rule by continuous ordinances??
o US- ordinances only in emergency situations

JUDICIAL POWERS:

• Appointment of CJI and judges of High courts and supreme courts

• Power of pardons, reprieve, respite or remission of punishment
o Pardon- removes both the sentence and conviction – completely absolves
from all sentences, punishment and convictions
o Commutation-substitution of one form of punishment by a lighter one-
death to Rigorous Imprisonment
o Remission-reduces the period of sentence without changing its character
o Respite- awarding a lesser sentence in place of one originally awarded due
to special circumstances like disability or pregnancy
o Reprieve- temporary stay on the execution of a sentence- especially death
sentence – gives time to seek pardon or commutation
• Consultation with SC- seek advice from SC – latest Presidential reference

EMERGENCY POWERS:

• Proclamation of Emergency- war, external aggression, armed rebellion

• Breakdown of constitutional machinery in a state
• Financial emergency

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POSITION OF INDIAN PRESIDENT:
• Constitutional head
• Not a rubber stamp
• Acts on aid and advice
• Comparison with US President
• Discretion:
o Choice of PM especially when there is no clearcut majority
o Can ask for reconsideration of a matter by Council of Ministers but
reconsidered advice is binding
• POST-INDEPENDENCE EXAMPLES:
o APJ Abdul Kalam- People’s President
o An individual from Scheduled Caste and Scheduled Tribe as President??
o President of India and coalitional politics

VICE PRESIDENT of INDIA:

• Second highest constitutional office
• QUALIFICATIONS:
o Citizen of India
o Completed 35 years of age
o Qualified to be elected as a member of Rajya Sabha
o Not hold any office of profit
• ELECTIONS:
o Indirectly elected
o Members of both Houses of Parliament- Both elected and nominated
o Proportional representation by single transferable vote
o Value of every vote is one
o Required quota: 50 percent of valid votes cast plus 1
o Elections disputes- SC
• OATH OF VICE PRESIDENT:
o Bear true faith and allegiance to the constitution of India
o Faithfully discharge the duties of his office
• 5-year period
• Resignation- given to President
• Removal
o Can be initiated only in Rajya Sabha
o Majority of members of Rajya Sabha and agreed by Lok Sabha
o agreed by Lok Sabha-present and voting
o No ground mentioned in the Constitution
o Majority here is Total membership- vacancies in the House

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 o For example if there are five vacancies then 245-5=240=> majority of this
that is 121 will have to vote in favour of removal
• Vacancy
o Expiration of term- election has to be held before itself
o Death or removal- as soon as possible election should be conducted
o CURRENT UPDATE: Vice President Jagdeep Dhankar resignation
• FUNCTIONS:
o Ex-officio chairman of Rajya Sabha- Ex-officio meaning- by virtue of or by
reason of
o Acting President - When she performs the functions of the President she
does not perform this function

COUNCIL OF MINISTERS:
• Parliamentary form of government – there shall be a council of ministers
• Council of ministers headed by PM
• President shall act on the aid and advice of PM and council of Ministers
• The other ministers are appointed by President on the advice of PM
• Majority in the Lok Sabha is the key aspect- No fixed term of office – confidence
of LS
• Total number not to exceed 15 percent of the total number of members of LS
• Council of Ministers – aids and advices, formulates policies, budget, bills
• Should a minister be a member of PARLIAMENT
o Not necessarily
o They can be appointed but within six months they should be an MP
o Should ministers be only from Lok Sabha?
• OATH:
o Bear true faith and allegiance to the Constitution
o Uphold the sovereignty and integrity of India
o Faithfully and conscientiously discharge the duties of the office
o To do right to all manner of people in accordance with the Constitution
and the law without fear or favour, affection or ill will
• COLLECTIVE RESPONSIBILITY:
o Sink or swim together
o Collective responsibility to Lok Sabha
o The repository of collective responsibility is the PM
o If a PM resigns then the entire Council of Ministers falls
• QUESTIONS:
o Can a Minister have individual views and opinions?
o Are they bound by the Council of Ministers’ decisions
• Cabinet Ministers, Ministers of State and Deputy Ministers
• CABINET and COUNCIL OF MINISTERS:

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 o Cabinet is the core executive decision-making body
o Cabinet- select few ministers led by PM- core decision making body –
o Cabinet ministers hold key portfolios like Finance, defence, external
affairs
o Cabinet committees- appointments committee, cabinet committee on
accommodation, economic affairs, parliamentary affairs, political affairs,
security, investment and growth, employment and skills development

PRIME MINISTER:
• CONSTITUENT ASSEMBLY DEBATES:
o KT SHAH feared that the PM could become authoritarian
o Jawaharlal Nehru- “Lynchpin of the government”
o Debates around accountability, powers of PM
• President appoints the PM
o Leader of the party that gets majority in LS elections
o When there is no clear-cut majority then the President exercises his
discretion – prove majority within a month
o President’s situational discretion- Importance of this in coalitional politics
• PM can be part of either House of Parliament
• Continue in office as long as they enjoy the support of majority in LS
• REAL EXECUTIVE HEAD:
o True power centre
o Nerve centre- connecting the PRESIDENT, Council of Ministers and
Cabinet
• POWERS and RESPONSIBILITIES OF PM:
o Communicate to the President all decisions of Council of Ministers
o Furnish information as the President may call for, reconsider advice
o Role in foreign policy
o Chief spokesperson of Union government
o Crisis manager in chief
o Leader of the nation
• DIFFERENT PRIME MINISTERS:
o Jawaharlal Nehru
o Indira Gandhi
o Coalition Prime Ministers- Narasimha Rao, AB Vajpayee, MM Singh
• The rise of Prime Minister’s Office
• QUESTION TO PONDER:
o Single party majority or coalitional rule??
o Checks against authoritarianism- Parliamentary and elections

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ATTORNEY GENERAL:
• First law officer of Government of India
• Qualified to be appointed as judge of SC
• To give advice to government on legal matters and appears on behalf of the
government
• QUESTION:
o Ethical dilemmas of Attorney General- the interface between the
government and judiciary

MINISTRIES IN THE GOVERNMENT OF INDIA: SOME EXAMPLES

• Home Ministry
• Defence Ministry
• Finance Ministry
• External Affairs Ministry
• Commerce Ministry
• Education Ministry
• Health and Family welfare
• QUESTIONS:
o What do ministries do?
o How do ministries work?
o How to ministries coordinate with each other?

CIVIL SERVICES:
• British legacy – steel frame
• All India services- IAS, IPS, Indian Forest Service
• Central services – Indian Revenue Service, Indian Foreign Service etc.
• QUESTION:
o What is the role of civil services?
o Do we still need to have civil services??

COMPARATIVE UNDERSTANDING:
UNITED KINGDOM:

• Monarch
• PM- similar to India
• Cabinet system
• Responsibility to the House of Commons

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UNITED STATES:

• IMPORTANT STRUCTURES:
o President of United States
o US Congress- house of representatives and Senate
o Judiciary
• Separation of powers
o The president can veto legislation created by Congress. He or she also
nominates heads of federal agencies and high court appointees.
o Congress confirms or rejects the president's nominees. It can also remove
the president from office in exceptional circumstances.
o The Justices of the Supreme Court, nominated by the president and
confirmed by the Senate, can overturn unconstitutional laws.
• UNITED STATES PRESIDENT:
o Head of state plus head of government is President
o The President must be 35 years of age, be a natural born citizen, and must
have lived in the United States for at least 14 years.
o 4 years
o Two terms maximum
o Responsible for implementing and enforcing the laws written by Congress
o Appoints the heads of the Federal agencies, including the Cabinet.
o The Vice President is also part of the Executive Branch, ready to assume
the Presidency should the need arise.
o Fifteen executive departments—each led by an appointed member of the
President’s Cabinet—carry out the day-to-day administration of the
Federal Government.
o The President also appoints the heads of more than 50 independent
Federal commissions, such as the Federal Reserve Board and the
Securities and Exchange Commission, as well as Federal judges,
ambassadors, and other Federal officials.
o The Executive Branch conducts diplomacy with other nations, and the
President has the power to negotiate and sign treaties, which must be
ratified by two-thirds of the Senate.

SOME QUESTIONS TO THINK ABOUT:

• Despite India having a parliamentary system elections are Presidential in nature
because of personality centric campaigns. What is your opinion?
• Supposing a government gets a 400 plus majority in Lok Sabha and majority in
Rajya Sabha
o Can they amend the Constitution at will?
o What checks and balances are there in the Indian system

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