The Union Executive

Executive (Class 11)

The Union Executive is a crucial part of India's parliamentary democracy, responsible for the implementation of laws, policies, and governance. It comprises the President, the Vice President, the Prime Minister, the Council of Ministers, and the bureaucracy.

What Is An Executive?

The executive is one of the three branches of government, alongside the legislature and the judiciary. Its primary role is to administer the day-to-day affairs of the government, implement laws passed by the legislature, and formulate and execute public policies.

In essence, the executive is the branch that puts into action the decisions made by the government.

What Are The Different Types Of Executive?

Executives can be broadly classified into two main types based on their relationship with the legislature and their powers:

1. Parliamentary Executive

In a parliamentary executive system, the executive (Prime Minister and Council of Ministers) is drawn from and accountable to the legislature. The head of state (President or Monarch) is largely a ceremonial figure, while the head of government (Prime Minister) holds the real executive power.

Key features:

• The executive is collectively responsible to the legislature.
• The head of government is usually the leader of the majority party or coalition in the legislature.
• A vote of no-confidence by the legislature can lead to the resignation of the executive.

Examples: India, United Kingdom, Canada, Japan.

2. Presidential Executive

In a presidential executive system, the executive (President) is elected independently of the legislature and is not accountable to it for political reasons. The President is both the head of state and the head of government.

Key features:

• There is a strict separation of powers between the executive and the legislature.
• The executive is not accountable to the legislature for political matters.
• The President has a fixed term and can only be removed through impeachment for specific offenses.

Examples: United States of America, Brazil.

Other Classifications:

Executives can also be classified as:

• Nominal/Ceremonial Executive: Where the head of state has formal powers but no real political authority (e.g., President in India, Constitutional Monarch in the UK).
• Real Executive: Where the head of government wields actual executive power (e.g., Prime Minister in India, Prime Minister in the UK).
• Hereditary Executive: Where the office of the head of state is inherited (e.g., Monarchs).
• Elected Executive: Where the head of state or government is elected (e.g., President in India, USA).

Parliamentary Executive In India

India follows a parliamentary form of government, where the executive power is vested in the President, but it is to be exercised by him/her on the aid and advice of the Council of Ministers headed by the Prime Minister.

Power And Position Of President

The President of India is the Head of State. Although the President is the nominal executive head, real executive power lies with the Prime Minister and the Council of Ministers. The President's powers are extensive but are generally exercised on the advice of the Council of Ministers.

Executive Powers:

• Appoints the Prime Minister and other ministers.
• Appoints Attorney General, Comptroller and Auditor General, Judges of Supreme Court and High Courts, Governors, etc.
• Administers the oath of office to all important officials.
• Can seek any information relating to the administration of the affairs of the Union from the Prime Minister.
• Can direct any minister to submit any matter for the consideration of the Council of Ministers.

Legislative Powers:

• Summons and prorogues both Houses of Parliament and can dissolve the Lok Sabha.
• Addresses Parliament at the beginning of the first session after each general election and at the commencement of each year.
• Can send messages to either House of Parliament.
• Assents to bills passed by Parliament; can withhold assent or return a bill for reconsideration (except Money Bill).
• Promulgates ordinances when both Houses of Parliament are not in session.
• Can nominate 12 members to the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, arts and social service.
• Can nominate 2 members of the Anglo-Indian community to the Lok Sabha (this provision has been removed by the 104th Amendment Act, 2019).

Financial Powers:

• Money Bills can be introduced in Parliament only on the recommendation of the President.
• The President causes to be laid before Parliament the Annual Financial Statement (Budget).
• No demand for a grant can be made except on the recommendation of the President.
• Makes advances out of the Contingency Fund of India to meet unforeseen expenditure.
• Appoints a finance commission to review the distribution of revenues between the Union and the states.

Judicial Powers:

• Appoints the Chief Justice and other judges of the Supreme Court and High Courts.
• Can seek advice from the Supreme Court on any question of law or fact.
• Has the power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person.

Emergency Powers:

The President can proclaim three types of emergencies:

• National Emergency (Article 352)
• State Emergency (President's Rule) (Article 356)
• Financial Emergency (Article 360)

Discretionary Powers Of The President

While the President generally acts on the advice of the Council of Ministers, there are certain situations where the Constitution allows the President to act at their discretion. These are:

• Appointment of Prime Minister: When no party has a clear majority in the Lok Sabha, the President can exercise discretion in appointing a Prime Minister whom they believe can form a stable government.
• Dismissal of the Council of Ministers: If the Council of Ministers loses the confidence of the Lok Sabha, the President can dismiss them.
• Dissolution of the Lok Sabha: The President can dissolve the Lok Sabha if the government has lost its majority and no alternative government can be formed.
• Sending back a Bill for reconsideration: The President can return a bill for reconsideration to the Parliament, but if it is passed again by the same Houses without or with amendments, the President must assent to it. This is often referred to as the 'suspensive veto'.
• Appointment of Chief Justice and Judges: While largely on the advice of the collegium, the President can exercise some discretion.

It is important to note that the scope of these discretionary powers has been a subject of debate and interpretation. The Supreme Court in the SR Bommai case (1994) also elaborated on the President's powers regarding Article 356.

The Vice President Of India

The Vice President of India is the second highest constitutional office in the country. The Vice President is elected by an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote.

Powers and Functions:

• Ex-officio Chairman of the Rajya Sabha: The Vice President is the ex-officio Chairman of the Rajya Sabha and presides over its sessions. In this capacity, they regulate the proceedings of the House, maintain order, and decide on points of order.
• Acting President: The Vice President can act as President during the absence of the President due to illness, resignation, or removal from office. When acting as President, they are entitled to the same emoluments as the President and perform all the functions of the President.

Prime Minister And Council Of Ministers

The Prime Minister (PM) is the head of government and the most powerful political functionary in India. The Council of Ministers is a body of ministers appointed by the President on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the Lok Sabha.

Appointment of Prime Minister:

The President appoints the Prime Minister. Generally, the leader of the party that wins a majority of seats in the Lok Sabha is appointed as the Prime Minister. In case of a hung parliament, the President may invite the leader of the largest party or coalition to form the government.

Powers and Functions of the Prime Minister:

• Formation of the Council of Ministers: The PM allocates portfolios to the ministers and can ask a minister to resign or dismiss them (on the advice of the President).
• Chairman of the Council of Ministers: The PM presides over the meetings of the Council of Ministers, guides their deliberations, and coordinates their work.
• Link between the President and the Council of Ministers: The PM communicates all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation to the President.
• Leader of the Lok Sabha: The PM is the leader of the Lok Sabha and makes policy statements and announces government policies.
• Head of Government: The PM is the chief policy maker and the chief architect of government policy.
• Other roles: The PM represents the country in international forums, is the chief advisor to the President, and plays a crucial role in national development.

Size Of The Council Of Ministers

The size of the Council of Ministers is determined by the Prime Minister. However, the 91st Amendment Act, 2003 added Article 75(1A), which states that the total number of ministers, including the Prime Minister, shall not exceed 15 per cent of the total strength of the Lok Sabha.

This amendment was brought in to curb the unhealthy practice of parties indulging in 'horse-trading' and to ensure that the size of the council is manageable and responsible.

Collective Responsibility:

The Council of Ministers is collectively responsible to the Lok Sabha. This means that all ministers are collectively answerable to the Parliament for all the actions of the government. If a motion of no-confidence is passed against the Council of Ministers by the Lok Sabha, the entire Council must resign, including those ministers who might have dissented from the decision.

Individual Responsibility:

Each minister is individually responsible to the President. The President can ask any minister to resign or can dismiss him/her. However, this power is exercised by the President on the advice of the Prime Minister.

Permanent Executive: Bureaucracy

The permanent executive, commonly known as the bureaucracy or civil services, consists of permanent officials who are responsible for the day-to-day administration of the government. Unlike the political executive (ministers), civil servants are not elected and hold office during good behaviour.

Role of Bureaucracy:

• Implementation of Policies: The primary role of the bureaucracy is to implement the policies and laws made by the political executive.
• Advisory Role: Civil servants provide advice to the ministers on various policy matters, drawing on their expertise and experience.
• Administration: They manage the administrative machinery of the government at the national, state, and local levels.
• Maintaining Continuity: Bureaucrats provide continuity in administration, regardless of changes in the political government.
• Regulation and Enforcement: They are responsible for enforcing various laws and regulations related to economic, social, and public services.

Types of Civil Services in India:

India has a hierarchical structure of civil services, broadly categorized as:

• All India Services: Indian Administrative Service (IAS), Indian Police Service (IPS), Indian Forest Service (IFS). Members of these services are recruited by the Central Government but serve in the State Governments.
• Central Services: These services function under the Central Government. They are divided into Group 'A' and Group 'B' services. Examples include Indian Foreign Service (IFS), Indian Revenue Service (IRS), Indian Audit and Accounts Service (IAAS), etc.
• State Services: These services operate at the state level and are recruited by the State Public Service Commissions.

Characteristics of Bureaucracy:

• Hierarchy: A clear chain of command and authority.
• Division of Labour: Specialization of tasks and roles.
• Impersonality: Decisions are based on rules and regulations, not personal favouritism.
• Meritocracy: Recruitment and promotion are based on qualifications and performance.
• Rules and Regulations: Operations are guided by established procedures.

Challenges faced by Bureaucracy:

Despite its crucial role, Indian bureaucracy faces several challenges, including:

• Political Interference: Undue influence from political actors can undermine efficiency and fairness.
• Corruption: Instances of corruption can hinder effective governance.
• Red Tape: Excessive adherence to bureaucratic procedures can lead to delays and inefficiency.
• Lack of Accountability: Sometimes, it is difficult to fix accountability for failures.
• Resistance to Change: Bureaucracies can sometimes be resistant to adopting new methods or reforms.

Efforts are continuously made through reforms to make the bureaucracy more efficient, accountable, and responsive to the needs of the citizens.