EXECUTIVE

Very Short Q & A

What does the term “Collective responsibility” imply?

The term '' Collective responsibility '' implies that the Prime

Minister along with the Council of Ministers is collectively

responsible to the Lok Sabha.

Mention any two powers of the Council of Ministers.

The Council of Ministers play an important role in the running of

the government:

 The Council of Ministers advices President on important

appointment issues.

 They formulate policies and implement them with the help

of bureaucracy.

Write a short note on an Executive.

Executive is one of the pillars of democracy. It is the branch of

government which is responsible for the implementation of laws

which are formulated by the legislature.

When was Article 356 of the Indian Constitution brought into

operation?

Under Article 356 of the Indian Constitution Presidential Rule can

be imposed. It was brought into operation in 1951 in Punjab.

Define Bureaucracy.

The term bureaucracy has been derived from the word “bureau”

which implies an office or post. Bureaucracy can be referred to as a

system of civil service where official administration is divided in a

hierarchical pattern. The main task of bureaucrats is to implement

the decisions taken by the political leaders of the government.

How the role of the Prime Minister has changed in India since

1990s.

The role of the Prime Minister has changed in India since 1990s

because there is a shift in India from the one-party dominant state

to a multi- party state. Subsequently, there is an emergence of a

coalition government.

Mention important functions of the Cabinet.

The cabinet work as a team and fight against the members of the

opposition. Three important functions are performed by the

Cabinet: proposes the policies to the parliament, implements

policies and coordinates activities of the several departments of the

government.

When did President K.R. Narayan returned the cabinet proposal

to impose president rule in U.P?

The cabinet proposal to impose president's rule in U. P. was

returned by the President K.R. Narayan on October 22, 1997.

Who was the first president to return the cabinet's proposal to

impose President's rule in U.P?

K.R. Narayanan was the first president to return the cabinet's

proposal to impose President's rule in U.P.

Do you agree that the President is only the constitutional head in

India?

Yes, President is only the constitutional head in India. The

President exercises all powers on the advice of Prime Minister and

the Council of Ministers.

Mention the consequences of the national emergency.

During the national emergency:

 Fundamental Rights of the citizens may be curbed or

suspended.
 Parliament can take over any subject mentioned in the state

list for enactment.

 The union government can issue directives to the states on

any matters.
 Short Q & A

Write a short note on Article 356 of the Indian Constitution.

Article 356 provides an extra-ordinary power to the Union to meet

a political breakdown in any of the units of the federation. This

article provides that if the President on the recommendation of the

Governor of State or otherwise is satisfied that a situation has

arisen in which the government of a state cannot be carried on in

accordance with the provisions of the Constitution, or when it has

failed to carry out a direction issued by it by the Union

Government in respect of the administration of Union matters,

he/she shall issue a proclamation of the failure of constitutional

machinery in the state. Subsequently, President's Rule is imposed.

Mention the difference between the Parliamentary and

Presidential Executive.

 In a Parliamentary Executive, the legislature and the

executive work in harmony under the head of the government

usually known as the Prime Minister (the leader of the majority

party in the legislature). The executive is responsible to the

parliament for its actions even though the head of the state may be

a monarch or a president e.g. India and England.

 In Presidential Executive, the president is not only the head

of the state but of the government as well, e.g. president of U.S.A.,

who is indirectly elected by an electoral college. The Electoral

College is formed by the electors, who are elected by the people.

American president is not accountable to legislature.

What was the main problem before the framers of the Indian

Constitution?

The main problem before the framers of the Indian Constitution

was:

1. Firstly, what type of the government should be adopted by

India. They had before them three alternative forms of democracy-

first the English model of Parliamentary Government.

2. Secondly, the Presidential form of Government as existed in

the U.S.A.

3. Thirdly, a democracy with a plural executive as in

Switzerland. B. N. Rao pointed out that the selection of a particular

type of responsible government was the most important question

in the framing of new constitution.

Differentiate between the ‘Cabinet Minister’ and “Council of

Ministers”.

The council of ministers is a body recognised by the constitution

whereas cabinet is constituted for the sake of administrative

convenience. The council is a large body and can have more than

40 ministers whereas cabinet is a relatively smaller body and

consists of 15 to 20 members. All the members of cabinet are the

members of council of minister but all members of council of

minister cannot become the cabinet minister.

“It is more difficult for the cabinet to hold together as a unity

when the government is a coalition”. Comment

The period of coalition or minority governments at the centre

started in 1989, when no party gained majority votes in general

elections. It is generally more difficult for the cabinet to hold

together as a unity when the government is a coalition. Collective

responsibility, secrecy and homogeneity is essential for the

effective functioning of the parliamentary government. However,

coalition government often contradicts these principles. The

working of the coalition government is being affected by the need

to secure inter-party consensus.

“The Prime Minister is the heart of the Cabinet”. Comment

The Prime Minister is the heart of the Cabinet and a focal point of

the political system. He/She has emerged as the undisputed chief

of the executive. The constitutional provision giving him a free

hand in choosing members of his/her Council, provides him with

an opportunity to select only those members who are loyal to

him/her. Prime Minister selects ministers and distributes portfolio

among them. He/she presides over meetings of the cabinet. He can

change the personnel of the cabinet at any time by demanding a

minister's resignation or having him dismissed by the President.

So the Prime Minister occupies an important position in the

cabinet and all the activities revolve around him/her.

 Long Q & A

Describe the powers of the President of India.

The list of powers which the constitution confers upon the

President is long and impressive. These may be broadly classified

under the following categories:

 Legislative Powers - The President is an integral part of the

parliament. He may address either house separately or both

houses jointly. He nominates twelve people as members to Rajya

Sabha and two persons of Anglo-Indian community as members to

the Lok Sabha. Once the bill is passed by both the houses of the

parliament then it is sent for the President's approval. Without the

assent of president the bill cannot become an act.

 Executive Powers - The president is the chief executive head

of the Indian Union. All the executive functions of the union are

carried on in the name of president. He appoints Prime Minister,

other members of Council of Ministers, Attorney-General, the

Chief Justice and Justices of Supreme Court and High Court,

members UPSC, Election Commission, Comptroller and Auditor

General of India, the governor of a state, finance commissioner,

Chairman and member for the SC/ST Commission etc. he has the

power to remove his ministers, attorney general of India, the

governor of state etc.

 Military Powers – He is the commander–in-Chief of the

defence forces, has the power to declare war and peace but before

such declaration president needs approval of parliament.

 Judicial Power - under Article 72 the head of the state is

vested with the power to grant pardon, reprieve, respite or

remission of punishment. The President can suspend, remit or

commute a sentence of any person convicted of an offence- in all

the cases of punishment by a Court of Martial, in all cases where

the punishment is for an offence against any law relating to a

matter to which the executive power of the union extends and in

all cases of sentence of death.

 Emergency Power – The President exercises some extra

ordinary power to deal with emergencies like:

i) Under article 352, when there is war, foreign invasion or

armed revolt or insurgency the President can proclaim national

emergency

ii) Under article 356, the President can proclaim emergency

when there is failure of the constitutional machinery in the states

and under Article 360 financial emergency can be imposed.

 Financial Powers - The annual financial statement is laid

down before parliament only with the permission of President. He

recommends the introduction of money bill and financial bill in

parliament. The president has control over the contingency fund

of India. He places reports of Comptroller and Auditor General

of India before the Parliament and also the recommendations of

Finance Commission.

 Diplomatic Powers - The President sends and receives

Ambassadors and other diplomatic representatives. All treaties

and international agreements are concluded in the name of the

president.

“In India the scope of President's powers has always been a

matter of debate”. Comment

In India the scope and extent of President's powers has always

been a matter of debate because of the discrepancy which prevails

between theory and practice.

There are two contradictory views about the position of the Indian

President:

 The first view is that since the form of government

contemplated by the constitution is on the model of the British

Parliamentary system, the President is a constitutional head like

the British monarch.

 The second view is that the President has large and

substantial powers which he can exercise in his discretion. The

first view (that the president is always bound by the advice of the

Council of Ministers) is shared by prominent authors like K.C.

Markandan, Granville Austin and Justice V.S. Deshpande. This

view through the 42nd amendment has found a place in the Indian

Constitution. The 42nd amendment has made it mandatory for the

president to act on the advice of the Council of Ministers.

However, according to the 44th amendment act 1978, the President

may ask for recommendation on such advice of the Council of

Ministers. The second view (i.e. the President has large and

substantial powers which he can exercise in his discretion) is

shared by eminent writers like S.C. Gangal, N.S. Gehlot, S. Sahay

and V.R. Krishna Iyer. Although constitutionally president is

vested with lots of powers but in reality, all the powers are

exercised by the Prime Minister along with the Council of

Ministers.

“President is the head of the state but not of the executive”.

Comment

Article 53 (1) of the Indian Constitution states that the executive

power of the Union shall be exercised by the President either

directly or through officers subordinate to him in accordance with

this Constitution. The Prime Minister and the Council of Ministers

constitute the real and effective executive. According to Dr. B.R.

Ambedkar, “Under the constitution the President occupies the

same position as the kind under the English constitution. He is the

head of the state but not of the executive. He represents the nation

but does not rule the nation. He is the symbol of the nation. His
place in the administration is that of a ceremonial device on a seal

by which the nation's decisions are made known”. The president

occupies a very special place. Every important authority

mentioned in the constitution is directly or indirectly attached to

him. There is a discrepancy which prevails between theory and

practice, in the sense that although in theory president is vested

with all the powers but in practice all the powers are exercised by

the permanent and political executive. The permanent executives

(civil servants) have a fixed tenure and are vested with the

technical knowledge and the political executive (ministers) have

the power to influence the masses. Prime Minister along with the

Council of Ministers exercises all the powers of the president.

Explain the main functions of the head of the government of

India.

Prime Minister is the head of the government of India. Article 75

(1) of the Indian Constitution lays down that the Prime Minister

shall be appointed by the President and other ministers shall be

appointed by the President on the advice of the Prime Minister.

The leader of the party having majority in Lok Sabha is appointed

as the Prime Minister by the president.

 After being appointed as Prime Minister, selects important

leaders and ranks them as Cabinet Ministers, Ministers of State,

Deputy Minister etc.

 Allocates work among his ministers.

 Presides over the meetings of the Cabinet.

 Can remove a minister by demanding minister’s resignation

or can get him dismissed by the President.

 As a leader of the majority party of Lok Sabha Prime

Minister is responsible to Lok Sabha for all the governmental

activities.

 Acts as a link between President and the Cabinet and

communicates all the decisions of the Council of Minister to the

President. Along with this, acts as a link between the Cabinet and

Parliament. Prime Minister is the chief spokesman of government

in the parliament and makes policy announcements.

“The tenure of the Indian President is fixed”. Comment

The tenure of President is of five years and after the completion of

the term can continue to hold office until a new President is

elected. This election must be held within six months. In the

interim, the vice president acts as the President. President

of India is eligible for re-election. Article 61 of the Indian

Constitution states that the President can be removed from the

office for violation of the constitution, by the process of

impeachment. The proposal of impeachment can be brought in

either of the house of parliament. The charge must be in the form

of proposal which must be signed at least by one fourth of the total

membership of the house. At least 14 days' notice should be given

to the President with regard to the impeachment proposal before it

is brought to the house for discussion. The President has right to

defend himself by personal presence or by sending a

representative on his behalf in the house. After discussion, if the

proposal is accepted by two third majority of the total members of

that house then it is sent to the other house. If the resolution is

passed by the two-third majority then the president is removed

from the office.

How the President of India is elected?

The President of India is elected by indirect election. He is elected

by an electoral college in accordance with the system of

proportional representation by means of single transferable vote

and voting by secret ballot.

The Electoral College consists of:

 Elected members of the Legislative Assemblies of States.

 Elected members of the two houses of the Parliament.

The elected members of legislative assemblies

of Delhi and Pondicherry have been authorised to be a part of

Electoral College by 70th amendment of 1992.

Qualifications for the post of president are:

No person shall be eligible to be elected as president unless

 He/she is a citizen of India

 35 years of age

 Eligible for the election as a member of the Lok Sabha.

To ensure uniformity of representation of different states at

presidential election and parity between the states as a whole and

the union, the constitution has prescribed a method. The formula

adopted to secure uniformity among the states is given below:

Value of vote of an MLA of a State = Total population of the

state * 1/1000

Total number of elected members of the state legislative assembly

The formula adopted to secure uniformity between all the states

on one hand and the parliament on the other is as follows:

Value of a vote of an MP= Total value of votes of MLAs of all

States

Total number of elected Members of Parliament:

The procedure as determined by the above formula secures

uniformity among the states and maintains parity between the

Union and the States as a whole in their influence over the

Presidential election.

Describe Article 352 of the Indian Constitution.

Article 352 provides that if the President is convinced that a grave

situation has arisen, whereby the security of India or any part of its

territory is threatened by war or external aggression or armed

rebellion, emergency can be proclaimed. It may be made even

before the actual occurrence of such disturbances, i.e. when

external aggression is apprehended. Following such a

proclamation the federal provision of the constitution ceases to

function and it works as a unitary one. Article 352 is to be laid

before each house of the parliament. It ceases to operate at the

expiration of one month unless in the meantime it has been

approved by resolutions of both houses of the parliament. Such

resolution has to be passed by each house and not less than two-

third of the majority of the members present and voting in each

house. Such proclamation could remain in force only for six

months. For any further extension of the emergency beyond that

period, parliamentary approval is required again. When national

emergency is proclaimed, the federal provision of the constitution

ceases to function. The President modifies the provisions relating

to the distribution of revenues between the union and the states.

The president is empowered to issue directions to the states on all

matters. Secondly, parliament can make laws even on subjects

enumerated under state list. As soon as emergency is proclaimed

the six fundamental rights enumerated under article 19 gets

suspended. The suspension of article 19 continues until the

proclamation of Emergency ends.

“The Prime Minister is first among equals”. In the light of this

statement describe the role of the Prime Minister.

In the words of Lord Morley “Prime Minister is first among

equals”. Article 75 (1) of the Indian constitution lays down that the

Prime Minister shall be appointed by the President and other

ministers shall be appointed by the President on the advice of the

Prime Minister. Let’s finds out what kind of relationship is shared

between Prime Minister, President, Parliament and the Council of

Ministers.

 Prime Minister and the President – The President is the

constitutional head of the state, he possesses all constitutional

powers, but in reality, all the powers are enjoyed by the Prime

Minister and his cabinet, who is the real head of the state. The

President appoints the key officials on the advice of prime

ministers. In case there is no clear majority in the state legislature,

PM after consulting his cabinet gives advice to president in

declaring president’s rule in the state. Article 78 of the constitution

states that the duty of PM is to communicate to president all

decisions of the council of ministers.

 Prime Minister with the Parliament- He acts as a link

between the Cabinet and Parliament. He is the chief spokesman of

government in the Parliament. He is the leader of the majority

party in Lok Sabha. He makes policy announcements. He takes

part in debates of general importance.

 Prime Minister with Council of Ministers- “The Prime

Minister is first among equals” and occupies an important

position. After being appointed as Prime Minister, he/she selects

the members of the Cabinet. He allocates duties among his

ministers. He summons and presides over the meeting of the

Cabinet. He can remove a minister by demanding minister’s

resignation or can get him dismissed by the President. As a leader

of the majority party of Lok Sabha, he is responsible to Lok Sabha

for all his activities. As a head of the government, takes all the

important decisions.

Who is the formal head of the state of India? Is it mandatory for

him/ her to act on the advice of the cabinet minister?

The President is the formal head of the state of India and as per the

42nd amendment is legally bound to act upon the advice of the

cabinet. The 44th amendment provides that the President can send

the advice of the cabinet back for reconsideration, but if the cabinet

insists upon the same advice again, the President cannot refuse to

act accordingly. Thus, the President has to act upon the advice of

the cabinet. The possibility of exceptional cases cannot be ruled

out. Let’s find out some of these exceptions:

 If no single party gets a clear majority in Lok Sabha

Elections, then the President can use his/ her discretionary powers

to decide who can actually form and run the government

effectively.

 Appointing a Prime Minister when vacancy arises due to the

sudden death of the incumbent.

 Dissolution of Lok Sabha on the advice of Council of

Ministers against whom a vote of no confidence may have been

passed. President can dismiss ministries when council of minister

loose confidence of the house but refuse to resign. Though the

President can never perform his/ her functions without the advice

of the cabinet, the constitutional issue that arises here is, whether

or not the President is bound by the advice of a Ministry which has

resigned and which is continuing in office after its resignation.

There are precedents of the President not allowing certain steps to

be taken by a caretaker government and forcing it to leave the

most vital decisions to be taken by the new government after

election.