What are the types of Union executive?Know India

Introduction

What are the types of Union executive?

The union executive of Indian polity is a part of the political executive, that comprises three important posts:

• President (Article 52-62)
• Prime Minister & Council of Ministers (Article 74-75 & Article 78)
• Attorney-General of India (Article 76)

India, a democratic republic with a parliamentary form of government, operates through two distinct levels of governance: the Central level, known as the ‘Union Government,’ and the State level, referred to as the ‘State Government.’ At the Central level, the Union Government functions through three essential organs: the Executive, the Legislature, and the Judiciary.

The Union Executive is a key component of the Central government and is composed of the President, the Prime Minister, and the Council of Ministers led by the Prime Minister. This collective body is responsible for executing, formulating, and implementing policies and laws at the national level. The President serves as the ceremonial head of state, while the Prime Minister, along with the Council of Ministers, oversees the day-to-day administration and decision-making processes. Together, they contribute to shaping the course of governance in the democratic framework of the country.

Objective of this Chapter

Distinguishing Nominal and Real Executive: In a parliamentary democracy, the nominal executive refers to the head of state, often a ceremonial figure, like the President in India. The real executive comprises the active governing body, led by the Prime Minister and the Council of Ministers, responsible for day-to-day administration and policy decisions. While the nominal executive holds a symbolic position, the real executive wields actual executive powers.

Election and Qualifications of the President: The President of India, the head of state, is elected through an electoral college comprising elected members of both houses of Parliament and state legislative assemblies. To be eligible, one must be a citizen of India, at least 35 years old, and qualified for election to the Lok Sabha.

Executive, Legislative, Financial, and Judicial Powers of the President:

• Executive Powers: The President is the formal head of the executive and exercises powers like appointing the Prime Minister and other key officials.
• Legislative Powers: The President’s assent is essential for bills to become laws, and they can summon or dissolve Parliament.
• Financial Powers: The President plays a role in budgetary matters, sanctioning government expenses.
• Judicial Powers: The President can grant pardons, reprieves, or remissions of punishment.

Position of the President: The President holds a ceremonial position, representing the unity of the nation. While having significant powers, these are usually exercised on the advice of the Council of Ministers.

Role of the Vice-President: The Vice-President serves as the ex-officio Chairman of the Rajya Sabha, and in the absence of the President, assumes their duties. The role is largely ceremonial, with a focus on the functioning of the upper house of Parliament.

Appointment of the Prime Minister and Council of Ministers: The Prime Minister is appointed by the President, usually from the party with a majority in the Lok Sabha, and selects the Council of Ministers. In cases of a coalition government, the leader with the most widespread support is appointed.

Powers and Functions of the Prime Minister and Council of Ministers:

• The Prime Minister is the head of the government, making policy decisions and leading the Cabinet.
• The Council of Ministers assists in governance, with each minister overseeing specific portfolios.

Meaning and Implications of Individual and Collective Responsibility:

• Individual Responsibility: Ministers are individually responsible for their portfolios, and if they fail, they may be asked to resign.
• Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha. If the Lok Sabha expresses no confidence, the entire Cabinet may have to resign.

President

Qualifications and Election of the President of India:

India, as a sovereign democratic republic, has an indirectly elected head of state, the President. The eligibility criteria for the office include:

1. Citizenship: The candidate must be a citizen of India.
2. Age Requirement: The individual should have attained the age of 35 years.
3. Qualification for Lok Sabha Membership: The candidate must be qualified to be elected as a member of the Lok Sabha.
4. No Office of Profit: The candidate should not hold any office of profit, excluding the offices of the President, Vice-President, Governor, or Minister of the Union or State. Holding these offices does not disqualify a person from running for the presidency.
5. Non-Simultaneous Membership: The President cannot simultaneously be a member of Parliament or a State Legislature. If a sitting member of Parliament or State Legislature is elected as the President, their seat is considered vacated on assuming the office of the President.

Election Procedure for the President:

The President of India is elected through a meticulous process outlined in the Constitution. Key aspects of the election procedure include:

1. Electoral College Composition:
   • The Electoral College comprises elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and members of the State Legislative Assemblies (Vidhan Sabhas).
   • Nominated members of Parliament and members of State Legislative Councils are not part of the Electoral College.
2. Voting System:
   • The election utilizes the single transferable vote system, a form of proportional representation.
   • The voting is conducted by secret ballot, ensuring the privacy and independence of each voter.
3. Parity in Votes:
   • The framers of the Constitution aimed for parity between the votes of elected members of Parliament and elected members of Legislative Assemblies of all states.
   • To achieve this, a formula is devised to determine the value of each member’s vote.
4. Value of Vote Calculation:
   • The value of the vote of each member of a State Legislative Assembly is determined using the following formula
   • Total population of the State ÷ 1000 --------------------------------- Number of elected members of State Legislative Assembly
   • In simpler terms, the total population of the state is divided by the number of elected members of the State Legislative Assembly, and the quotient is then divided by 1000.
5. Example:
   • For instance, consider Punjab with a population of 1,35,51,060 and 104 members in the State Vidhan Sabha.
   • The calculation would be: 1,35,51,000 ÷ 104 ÷ 1000 = 130.29
   • As the remainder (.29) is less than 50%, it is ignored, and each member is entitled to cast 130 votes.

President’s Tenure and Removal:

The President of India serves a term of five years and is eligible for re-election, though it has become a convention for Presidents not to seek election for a third term. The first President, Dr. Rajendra Prasad, was elected for two full terms. The President may resign before the term’s expiry, or the office may become vacant due to the President’s death. The term begins from the date the President takes the oath of office.

Privileges and Immunities: The President enjoys specific privileges and immunities:

1. The President is not answerable to any court of law for the exercise of their functions.
2. The President cannot be arrested, and no criminal proceedings can be instituted against them during their tenure.
3. The President is exempt from being asked to be present in any court of law during their tenure.
4. A two-month prior notice is required before instituting a civil case against the President.

Removal of the President: The President can only be removed through a process called impeachment, which is detailed in the Constitution. Impeachment can only occur for a “violation of the Constitution,” and the process is intentionally made difficult to prevent removal on flimsy grounds.

The impeachment process involves the following steps:

1. A resolution for impeachment can be moved in either House of Parliament after a notice is given by at least one-fourth of the total members of the House.
2. The resolution, charging the President with a violation of the Constitution, must be passed by a two-thirds majority of the total membership of that House.
3. The charges are then investigated by the other House, and the President has the right to be heard or defended during the investigation.
4. If the charges are accepted by a two-thirds majority of the total membership of the second House, the impeachment succeeds, and the President is removed from office from the date the resolution is passed.

This impeachment procedure is more stringent than the one in the United States, where a simple majority in the House of Representatives is sufficient to initiate proceedings. The complexity of the process underscores the gravity and rarity of removing the President from office in India.

Impeachment: Impeachment is a quasi-judicial procedure that leads to the removal of a high public official, such as the President in India, on grounds of violating the Constitution. It is a serious and rare process aimed at ensuring accountability and upholding constitutional integrity.

Vacancy in the Office of the President: When the office of the President becomes vacant due to death, resignation, or impeachment, the Vice-President assumes the role of the President for a period not exceeding six months. The Constitution mandates that in the event of such a vacancy, a new President must be elected within six months.

• Vice-President’s Temporary Role:
  • The Vice-President acts as the officiating President during this interim period.
  • In cases where the Vice-President is unavailable or if the Vice-President acting as President dies or resigns within the six-month period, the Chief Justice of India is required to officiate until the new President is elected.
  • This provision was introduced in 1969 to enable Chief Justice Hidayatullah to officiate when President Zakir Hussain passed away, and Vice-President V. V. Giri resigned.
• Temporary Inability of the President:
  • If the President is temporarily unable to discharge duties due to illness or other reasons, the Vice-President may perform the functions of the President without formally officiating as the President.

This constitutional framework ensures a seamless transition and continuity in the highest office of the land while maintaining the democratic process through the timely election of a new President.

Powers of The President:

The President of India is endowed with extensive powers, which can be broadly categorized into Executive, Legislative, Financial, Judicial, and Emergency Powers (covered in Lesson No. 9).

Executive Powers: The President, as the head of state, holds significant executive powers:

1. Appointment of Prime Minister and Council of Ministers:
   • The President appoints the Prime Minister and other ministers based on the advice of the Prime Minister.
   • Portfolios are allocated among ministers on the advice of the Prime Minister.
   • The President may remove any minister on the advice of the Prime Minister.
2. Judicial Appointments:
   • The President appoints the Chief Justice and other judges of the Supreme Court and High Courts.
   • In judicial appointments, consultation with the Chief Justice of India is mandatory, and the President may also consult other judges as deemed necessary.
   • The State Governor is consulted in the appointment of High Court judges, and the Chief Justice of the State is also involved.
3. Appointments to Key Positions:
   • The President appoints the Attorney General, Comptroller and Auditor General of India, Chief Election Commissioner, Election Commissioners, Chairman, and Members of Union Public Service Commission (U.P.S.C.), Governors of States, and Lt. Governors of Union Territories.
   • All such appointments are made on the advice of the Union Cabinet, led by the Prime Minister.
4. Supreme Commander of Armed Forces:
   • The President serves as the Supreme Commander of the armed forces, making appointments of Chiefs of Army, Navy, and Air Force.
   • The President holds the authority to declare war and make peace.
5. Foreign Affairs:
   • In the capacity of the head of state, the President manages the country’s foreign affairs.
   • Appoints India’s ambassadors and high commissioners in other countries and receives foreign ambassadors and high commissioners.
6. Enforcement of Laws:
   • The President ensures the enforcement of all laws enacted by the Union Parliament.
   • All officials appointed by the President may be removed or recalled based on the advice of the Union Council of Ministers.
7. Decision-Making Process:
   • All functions and decisions are executed by the President on the advice of the Prime Minister.
   • The Prime Minister communicates all decisions of the Union Government to the President.
   • The President can request reconsideration of a recommendation only once and can refer a minister’s decision to the Cabinet for consideration.

The President’s executive powers play a crucial role in the governance of the nation, and these powers are exercised in accordance with constitutional principles and the advice of the Council of Ministers.

Legislative Powers of the President:

The President, as an integral part of Parliament, wields various legislative powers, as outlined below:

1. Summoning and Proroguing Parliament:
   • The President has the authority to summon and prorogue the Houses of Parliament.
   • Parliament must be summoned at least twice a year, and the gap between two sessions cannot exceed six months.
2. Dissolution of Lok Sabha:
   • The President can dissolve the Lok Sabha before the completion of its term on the recommendation of the Prime Minister.
   • In the normal course, the Lok Sabha is dissolved after five years.
3. Nomination of Members:
   • The President nominates twelve members to the Rajya Sabha who possess special knowledge in the fields of literature, science, art, and social service.
   • In the event of inadequate representation, the President can nominate two members of the Anglo-Indian community to the Lok Sabha.
4. Joint Sitting of Parliament:
   • The President can call a joint sitting of the two Houses of Parliament in case of a disagreement on a non-money bill between the Lok Sabha and the Rajya Sabha.
5. Addressing Parliament:
   • The President has the right to address and send messages to Parliament.
   • Joint addresses are made at the first session after a general election and at the commencement of each new year, outlining government policies.
6. Assent to Bills:
   • Every bill passed by Parliament is sent to the President for assent.
   • The President may give assent, return it once for reconsideration, and if passed again, must provide assent for the bill to become law.
   • Without the President’s assent, no bill can be enacted into law.
7. Ordinance Making Power:
   • The President can promulgate an ordinance when Parliament is not in session.
   • The ordinance has the force of law and must be laid before both Houses of Parliament upon their reassembly.
   • If the ordinance is neither rejected nor withdrawn, it automatically lapses six weeks after the commencement of the next parliamentary session.

These legislative powers empower the President to play a crucial role in the legislative process, ensuring the smooth functioning and enactment of laws in the country.

Financial Powers of the President:

The President holds significant financial powers, contributing to the fiscal management of the country:

1. Approval of Money Bills:
   • All money bills are exclusively introduced in the Lok Sabha and require prior approval from the President.
2. Control over Contingency Fund:
   • The President has control over the Contingency Fund of India, allowing for the advance of funds to address unforeseen and urgent expenses.
3. Budgetary Recommendations:
   • The President recommends the introduction of the annual budget and railway budget in the Lok Sabha.
   • If the government deems it necessary to allocate more funds during the financial year than initially estimated in the annual budget, supplementary demands can be presented.
4. Finance Commission:
   • The President appoints the Finance Commission at five-year intervals.
   • This commission provides recommendations on specific financial matters, with a focus on the distribution of Central taxes between the Union and the States.
5. Reports from Comptroller and Auditor-General:
   • The President receives and has the reports from the Comptroller and Auditor-General of India laid before Parliament.
   • These reports play a crucial role in assessing the financial accountability and performance of the government.
6. Contingency Fund of India:
   • This fund serves as a financial reserve maintained by the Union Government to address immediate and unforeseen expenditures.
   • The President exercises full control over the Contingency Fund and can authorize withdrawals from it.

By wielding these financial powers, the President contributes to the responsible and strategic management of the country’s finances, ensuring transparency and accountability in fiscal matters.

Judicial Powers in the Structure of Government:

The President, as a key figure in the governance structure, holds judicial powers that contribute to the functioning of the legal system:

1. Appointment of Judges:
   • The President appoints the Chief Justice and other judges of the Supreme Court.
   • Similarly, the President appoints Chief Justices and other judges of the High Courts.
   • Law officers of the Union Government, including the Attorney-General of India, are also appointed by the President.
2. Pardoning Powers:
   • In the capacity of the head of state, the President possesses the authority to pardon a criminal, reduce a punishment, or suspend, commute, or remit a sentence.
   • This extends to individuals convicted by the Supreme Court or High Courts for federal law offenses, as well as those convicted by a Court Martial.
   • The President’s power of pardon includes the ability to grant clemency even to individuals sentenced to death.
   • However, it is essential to note that the President exercises this power based on the advice received from the Law Ministry.
3. Immunities of the President:
   • The President enjoys specific legal immunities, standing above ordinary legal proceedings.
   • Criminal proceedings cannot be initiated against the President, emphasizing the unique legal status and protection afforded to the head of state.

By wielding these judicial powers, the President contributes to the proper functioning of the legal system, ensuring the appointment of qualified judges and playing a role in the exercise of clemency for convicted individuals. The balance of these powers underscores the President’s crucial role in upholding justice within the constitutional framework.

Position of the President:

The office of the President in India holds a prestigious and dignified position, symbolizing the head of the state. However, the formal powers vested in the President are, in reality, exercised by the Union Council of Ministers on behalf of the President. The President’s authority is nominal, and the actual executive power is wielded by the Prime Minister and the Council of Ministers.

The President’s role is more symbolic, and attempting to act against the advice of the ministers may lead to a constitutional crisis, potential impeachment, and resignation. Therefore, the President is compelled to act in accordance with the Prime Minister’s advice, who serves as the head of the real executive. Regular communication between the President and the Prime Minister is maintained to ensure the smooth functioning of the government.

Key aspects of the President’s position include:

1. Responsibility to the Council of Ministers:
   • The President is obligated to act solely on the advice of the Council of Ministers, as per the provisions of the 42nd Amendment Act.
   • The President’s powers are largely formal, and the real executive authority lies with the Council of Ministers, with the Prime Minister at the helm.
2. Limited Power of Reconsideration:
   • The President can send a bill back to Parliament for reconsideration only once, as stipulated by the 44th Amendment Act. If Parliament passes the bill again, the President must give assent.
3. Preservation of the Constitution:
   • The President’s constitutional duty is to preserve, protect, and defend the Constitution.
   • The President can request a newly appointed Prime Minister to seek a vote of confidence in the Lok Sabha within a specified period.
4. Role as an Advisor and Symbol:
   • The President serves as an advisor, friend, and critic to the government.
   • All decisions of the Cabinet are communicated to the President, who is kept informed about administrative matters.
   • The President’s utility becomes evident when offering suggestions, encouragement, and even warnings to the government.

In conclusion, as articulated by Dr. B.R. Ambedkar, the President is the Head of State but not the executive. The President represents the nation as a symbolic figure, playing a ceremonial role in the administration.