The Union Executive

THE UNION EXECUTIVE

 

1. THE PRESIDENT

The executive branch of our government takes the responsibility of administration. It implements the internal and external policies of the government. It enforces the Acts enacted by the Parliament and the judgements delivered by the Judiciary.

The Union Executive consists of the President, the Vice President, the Prime Minister and his Council of Ministers. There are a number of officials to assist them in the administration. The President of India is the Head of the Indian Union and occupies the highest office in the country. The entire executive authority in the Union is formally vested in him. The Indian Constitution establishes a Parliamentary form of Government in which

the President, as the Head of State is the Constitutional Head executive powers are vested in the Council of Ministers wit Minister as its head. Further, India is a Republic and as such, the H State of the Republic, is indirectly elected. He holds office for Five years.

Qualifications

A candidate should have the following qualifications to contest election to the office of the President of India: (1) He should be a citizen of India (2) He should have completed thrity-five years of age. (3) He should no hold an office of profit under the Union Government, State Government a local body. The President should not be a member of the Parliament or the State Legislature. If he is the member of any of these legislative bodies, he should vacate the post. (4) He should have the other qualifications required to become a member of the Lok Sabha. (5) His name should be proposed by at least ten electors and seconded by another ten electors of the Electoral College which elects the President.

Election

The President of India is elected by the Electoral college consisting of the elected members of the Lok Sabha, Rajya Sabha and the Legislative Assemblies of all the states. Once elected as the President he has to take an oath of office before the Chief Justice of India.

Term of Office

The President is elected for a term of five years. At the expiry of his term he continues to hold office until his successor is ready to assume the office of the President. He may also resign from the office by addressing his letter of resignation to the Vice President of India. He may be removed from office for violation of the Constitution through the process of impeachment. The President is given a substantial allowance every year for his expenses involving travel, entertainment, grants, staff and household expenses along with his monthly salary. He is also eligible to get a pension on the expiry of his term or on resignation. The pension is supplemented by Rs. 12,000 a year and he is entitled for free medical aid. The emoluments and allowances of the President cannot be reduced during his term of office. Apart from these, the President is entitled to the rent-free use of his official residence, the Rashtrapati Bhavan.

Vacancy in the Office of the President

The election of the new President should be held before the term of the on-going President ends. If there is vacancy on account of death, resignation or the removal of the President, new election is to be held and the newly sited President is to hold office for the full five year term. In the event of ocurrence of vacancies in the office of both the President and the Vice President, the Chief Justice of India or in his absence, the senior most judge of the Supreme Court is to discharge the functions of the President.

Powers of the President

Executive Powers

The Constitution of India provides that the executive powers of the Union shall be vested in the President and shall be exercised by him directly or through officers subordinate to him; and that there shall be a Council of Ministers with the Prime Minister at the head, to aid and advise the President in the exercise of his functions. All the executive actions of the Government are taken in the name of the President.

The President appoints the Prime Minister, the Council of Ministers, the Governors of the states, the Chief Justice and the other judges of the Supreme Court and High Courts. The President as the Head of the State, sends and receives envoys and other diplomatic agents. Every Union Territory is administered by the President acting through the administrators appointed by him. However, the President exercises his power of appointment in accordance with the advice of the Council of Ministers. The executive authority of the President is enhanced when the country is placed under a general emergency.

Legislative Powers

The President is an integral part of the Parliament. His legislative powers cover a wide field. The President summons and prorogues the sessions of the Parliament and may dissolve the Lok Sabha even before the expiry of its term. After each general election, at the commencement of the first session of the Lok Sabha, the President addresses both the Houses of the Parliament in a joint sitting and outlines the national and international policies of the government. In case of a deadlock between the two Houses over a bill, the President may summon them to meet in a joint sitting for the purpose of deliberating and voting on the bill. The President nominates twelve members to the Raiya Sabha who are experts in different fields. He nominate Anglo-Indian members to the Lok Sabha.

Money Bills cannot be introduced in the Lok Sabha without his apore The bills passed by the Parliament become Acts only after the Presiden gives his assent to them. He may return the Bill to the Parliament amendments. But if the Bill is passed again without amendments, tha President is obliged to give his assent to the Bill.

The President can issue ordinances when the Parliament is not in sexion The ordinances have the same force and effect as an Act of Parliament However, the ordinances must be approved by both the Houses of the Parliament within six weeks after its next session begins.

Judicial Powers

The President has the power to grant pardon, remit or suspend a sentence of punishment on an appeal for mercy. He can commute even a death sentence to life imprisonment.

Financial Powers

The Annual Budget containing the estimate of income and expenditure of the Union Government for the ensuing year is put before the Parliament by the Finance Minister on behalf of the President. No money bill can be introduced except on the recommendation of the President. The Contingency Fund of India is at his disposal. He can make advances out of it to meet unforseen expenditure. He also appoints Finance Commissions from time to time.

Military Powers

The President is the Supreme Commander of the Defence Forces. He appoints the chiefs of the three wings of the Defence. He declares war or makes peace with any foreign country on the advice of the Council of Ministers.

Emergency Powers

The President has been given wide powers to meet emergencies arising out of war or armed rebellion, failure of constitutional machinery in a particular state or threat to financial stability and economy of the country. However, such a decision should be approved and communicated to him in writing by the Union Cabinet.

Position of the President

According to Jawaharlal Nehru, “We have not given our President any seal power but we have made his position one of great authority and dignity. The President exercises a moral influence on the government. He is in a position to influence and give direction to the shaping of national policies

of the country”.

 

II. THE VICE PRESIDENT

Our Constitution provides for a Vice-President. He is elected by members of both the Houses of the Parliament. A candidate for this one must be a citizen of India, should have completed thirty-five years of age, End should be qualified to be a member of the Rajya Sabha. His term of office is for five years. He is chairman of the Rajya Sabha. When the President is unable to discharge his duties due to illness or absence from the country, the Vice-President attends to the functions of the President. If the office of the President falls vacant due to his resignation, death or impeachment, the Vice-President acts as the President for a maximum period of six months.

 

III. THE PRIME MINISTER AND THE COUNCIL OF MINISTERS

The Constitution provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall act in accordance with such advice. He may ask the Council to reconsider their advice, but is bound by the advice given after reconsideration. This clearly shows that the Prime Minister is the real head whereas the President is only a nominal head.

Appointment

The leader of the majority party in the Lok Sabha is appointed by the President as the Prime Minister. The other ministers are appointed by the President on the advice of the Prime Minister. If no party commands absolute majority in the Lok Sabha, a coalition government will be formed. Then the President can summon the leader of any party who, in his opinion, can manage to form a ministry. The President administers to the ministers the oath of office and of secrecy. The salaries and allowances of the ministers are determined by the Parliament. A person who is not a member of the Parliament can be appointed a minister but he has to get himself elected to the Parliament within six months. There are three categories of ministers - the Cabinet Ministers, Ministers of State and the Deputy Ministers. The second and third categories are not the members of the Cabinet and do not attend its meetings unless they are specially invited to do so. A Minister of State is higher in status than a Deputy Minister. He acts as the reserve force the party and can be appointed as a minister of the Cabinet rank. A Deputy Minister works for his chief and works for him in his absence a department is divided among the Minister of State and the Deputy Minister.

Position and Powers of the Prime Minister

The real executive power in India rests with the Prime Minister. The leader of the majority party in the Lok Sabha is appointed by the President as the Prime Minister. The President appoints other ministers on the advice of the Prime Minister. The Prime Minister distributes portfolios among the ministers. The Prime Minister can ask for the resignation of any minister if such a need arises. The Prime Minister decides the dates of the meeting of the Cabinet and also prepares the agenda. He presides over the meetings of the cabinet. An efficient working of the cabinet is largely dependent upon the capacity of the Prime Minister. Eventhough the Prime Minister is the Head of the Cabinet, the other ministers are not his subordinates. They are his colleagues. He is the first among the equals. The Prime Minister supervises the work of various ministers.

Prime Minister and the President

The Prime Minister is the main link of communication between the President and the Cabinet. It is the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration and proposals for legislation. The President acts on the advice of the Council of Ministers, which virtually means, the advice of the Prime Minister. The Prime Minister assists the President in making all important appointments. It is on his advice, that the President summons or prorogues both Houses of the Parliament and dissolves the Lok Sabha. The Prime Minister in consultation with the Cabinet, advises the President to proclaim a state of Emergency.

Prime Minister and the Parliament

As the Prime Minister is the leader of the majority party Sabha, he occupies a commanding position in the Parliament. He makes policy statements on the floor of the House. He is the chief spokesman the government in the Parliament. He comes to the rescue of others Minister in the Parliament when they are attacked by the opposition benches. As pointed out, the sessions of the Parliament are summoned and od by the President on the advice of the Prime Minister.

Cabinet

The Cabinet is an informal body of senior ministers who form the Weus of administration. These ministers are trusted men of the Prime ister. Important decisions of the Government, are taken by the Cabinet. The decisions are bound to be followed by other ministers. Important Legislative functions of the Cabinet are, deciding the dates for holding sessions and for proroguing the Parliament. The Cabinet recommends to President to promulgate ordinances. It is instrumental in moving amendments. Its administrative functions are formulating national policies and Coordinating the activities of all the ministries.

The Annual Budget is prepared by the Finance Minister as directed by the Cabinet. The finance bills have their origin in the Cabinet and then they are introduced in the Lok Sabha with the President's recommendation. The Cabinet decides the foreign policy of the Government, approves international treaties, and plays a significant role in the appointment of ambassadors to various countries.

The President cannot declare a Proclamation of General Emergency without receiving in writing the decision of the Cabinet to this effect.

Collective Responsibility

Collective responsibility means that the Council of Ministers as a single body is responsible to the Lok Sabha. The decisions taken by the Cabinet are binding upon all the ministers. If they disagree, they shall have to resign.

If a vote of no-confidence or a censure motion is passed against one minister, the whole team has to resign. The resignation of the Prime Minister implies the resignation of the entire ministry. Either they swim together or sink together.