UNION GOVERNMENT EXECUTIVE, PRESIDENT OF INDIA, VICE-PRESIDENT, PRIME MINISTER, COUNCIL OF MINISTERS - 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 judgments delivered by the Judiciary.
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.
Constitution of India : Tag: Constitution of India : Constitution of India - The Union Executive