Executive

The Executive

Introduction

The executive is that organ of government which is primarily responsible for implementing laws and policies. While the Legislature makes laws and the Judiciary interprets them, the Executive puts them into practice. In a parliamentary democracy like India, the executive is of two types: the constitutional (formal) executive and the real (political) executive.

Types of Executive

• 1. Parliamentary Executive (Cabinet Government)
• The executive is drawn from the legislature and remains accountable to it.
• The President/Monarch is the formal head; the Prime Minister and Council of Ministers are the real executive.
• India, UK, Japan follow this model.

• 2. Presidential Executive
• Executive power is vested in a directly elected president who is independent of the legislature.
• The USA follows this model.

India follows the parliamentary system, where the real executive power rests with the Prime Minister and the Council of Ministers.

The President of India

• The President is the constitutional head of the executive (Article 52).
• Elected indirectly by an Electoral College consisting of:
• Elected members of both Houses of Parliament
• Elected members of State Legislative Assemblies
• Elected members of legislative assemblies of Union Territories with legislature (Delhi, Puducherry, J&K)
• The method is Proportional Representation with Single Transferable Vote.
• Term: 5 years; eligible for re-election.
• Can be removed by impeachment — a process initiated and resolved within Parliament (special majority in one House, two-thirds in the other).
• Qualifications: Indian citizen, 35 years of age, eligible to be a member of Lok Sabha.

• Powers of the President:
• Executive Powers: All executive actions are formally taken in the President's name; appoints PM, governors, judges of SC and HCs.
• Legislative Powers: Summons, prorogues, and dissolves Parliament; addresses Parliament; gives assent to bills; can promulgate Ordinances under Article 123 when Parliament is not in session.
• Judicial Powers: Power to grant pardons, reprieves, respites, or remission of punishment (Article 72).
• Emergency Powers: Proclamation of National Emergency (Article 352), President's Rule in States (Article 356), Financial Emergency (Article 360).
• Veto Powers: President can withhold assent (pocket veto), send the bill back for reconsideration (suspensive veto), or in the case of certain bills, must give assent if Parliament passes it again.

The Vice-President of India

• Elected by members of both Houses of Parliament by PR-STV.
• Ex-officio Chairman of the Rajya Sabha.
• Acts as President during vacancy or inability of the President.
• Term: 5 years.

The Prime Minister and Council of Ministers

• The Prime Minister is the real head of the executive (Article 74).
• Article 75: The President shall appoint as PM the person most likely to command a majority in the Lok Sabha; other ministers are appointed by the President on the advice of PM.
• The Council of Ministers is collectively responsible to the Lok Sabha — the most important principle of parliamentary government.
• Ministers are individually responsible to the President for their respective portfolios.
• The Cabinet is the inner circle of the Council of Ministers — senior ministers who head important departments and form the decision-making core.

Functions of the Prime Minister

• Chairs Cabinet meetings and coordinates government policy.
• Acts as the link between the Council of Ministers and the President.
• Distributes portfolios among ministers.
• Is the principal spokesperson of the government.
• Can recommend dissolution of Lok Sabha to the President.

Permanent Executive: Civil Services

• The civil services (IAS, IPS, IFS, etc.) form the permanent executive. They implement government policies regardless of which party is in power. Key features:
• Selected by the Union Public Service Commission (UPSC) through competitive examinations.
• Political neutrality is an ideal they must strive for.
• Article 311 provides protection to civil servants against arbitrary dismissal.