Chapter 4

EXECUTIVE
ORGANS OF GOVERNMENT
Executive?????
What is it ?
Executive-gives effect to
the laws made by the
parliament

Executive is the branch of

government responsible for the
implementation of laws and
policies adopted by the legislature.
 Forms of
Executive

Permanent Political
executive executive

Civil servants who Presidents, Prime

are responsible for Ministers And
day to day Ministers who are
administration. responsible with
framing of policy.
 PARLIAMENTARY EXECUTIVE IN INDIA- Why?

• To ensure that the government would be sensitive to public

expectations and would be responsible and accountable.
• A government that would have a strong executive branch, but at
the same time, enough safeguards to check against the
personality cult and autocracy.
• The parliamentary form provides many mechanisms that ensure
that the executive will be answerable to and controlled by the
legislature or people’s representatives.
PARLIAMENTARY EXECUTIVE IN INDIA

• Article 74 (1): There shall be a Council of Ministers with the

Prime Minister at the head to aid and advise the President who
shall in the exercise of his functions, act in accordance with such
advice.
• Provided that the President may require the Council of Ministers to
reconsider such advice….., and the President shall act in
accordance with the advice tendered after such reconsideration.
 Vice
President
President

Main
components
of Executive

Prime minister
and council of Bureaucracy
ministers
PRESIDENT – ELECTIONS-INDIRECT ELECTIONS

ELECTORAL COLLEGE

Elected Members of
both the Houses of Elected Members of
Parliament Legislative Assemblies of
the States

Except Nominated
members and
members of
Legislative
councils
 PRESIDENT – FORMAL HEAD OF STATE

Qualifications ELECTION
TERM OF OFFICE
Art. 58: Any person who : The President shall not be a
member of either of the Art.56: 5 years from the date he
(i) is a citizen of India, enters office.
houses of the Parliament.
(ii) has completed the age of 35 years,
If an MP becomes President , President, is eligible to be re-
(iii) is qualified for election as a member of he is deemed to have
Lok- Sabha, elected any number of times
vacated his MP seat and under the constitution.
(iv) does not hold office of profit under the seat becomes vacant
Government of India or Government of on the day he enters office He can resign at any time by
any State or under any local authority , as President.
can contest election for the office of addressing the resignation
the President of India. The emoluments and the letter to the Vice President.
(v) However, President, Vice President , the allowances of the President
Governor of any State or a Cabinet as decided by the
Minister , whether at the Centre or the Parliament and can not be
State, is not debarred from contesting decreased during his term
the election for the office of the
President. of office.
 Art.61: Procedure for his Removal
(Impeachment)
• He can be removed at any time from his office through the process of impeachment for
violation of the Constitution.
• For this purpose a charge must be leveled in either House of the Parliament .
• It must be in the form of a resolution signed by at least one fourth of the total number of
members of that House and moved only after giving a clear notice of fourteen days .
• If the resolution is passed by a majority of not less than two-thirds of the total
membership of that House, the matter goes to the other House that investigates it.
• The President shall have the right to appear or to be represented at such an investigation
• If, as a result of such investigation, a resolution is passed by a majority of not less than
two-thirds of the total membership of the other House (which investigated the charges),
stating that the charge has been sustained , then the President stands removed from his
office from the date on which such a resolution has been passed.
 Formal and
Executive Powers Nominal head of state. Emergency Power
Appoints PM, Council of All executive actions Can declare emergency in
Ministers Judges of are taken in the name case of
Supreme Court and High of President Outside attack, financial
crisis, internal revolt
Court, Chief of Army,
Navy, Air Force and
Various high officials POWERS OF Military Powers
PRESIDENT Supreme commander
of the Defence Forces.
Legislative Powers Power to declare War
He is an integral part of the or Peace
Parliament. a. Summon or Prorogue b. Judicial Powers
Address c. Appointment d. Nomination President can reduce,
e. Decision on disqualification f. Prior cancel, change (death
consent for imp bills sentence) sentence ordered
g. Bill cannot become Law without by court
President’s assent
 Discretionary Powers
1. President can send back the advice given by the Council of Ministers and ask the
Council to reconsider the decision. In doing this, the President acts on his (or her)
own discretion. When the President thinks that the advice has certain flaws or legal
lacunae, or that it is not in the best interests of the country, the President can ask
the Council to reconsider the decision.
2. The President also has veto power by which he can withhold or refuse to give
assent to Bills (other than Money Bill) passed by the Parliament. Every bill passed
by the Parliament goes to the President for his assent before it becomes a law. The
President can send the bill back to the Parliament asking it to reconsider the bill.
This ‘veto’ power is limited because, if the Parliament passes the same bill again
and sends it back to the President, then, the President has to give assent to that
bill.
3. Formally, the President appoints the Prime Minister. Normally, in the parliamentary
system, a leader who has the support of the majority in the Lok Sabha would be
appointed as Prime Minister. In case of a deadlock or confusion the President has to
decide whom to appoint as the Prime Minister
JAWAHARLAL NEHRU
 ELECTIONS
QUALIFICATIONS 1.The Vice-President is elected indirectly.
Any person who : 2. He is elected by the members of an
--is a citizen of India, electoral college consisting of the members of
both Houses of Parliament in accordance with
--has completed the age of 35 years, the system of proportional representation by
--is qualified for election as a member of means of the single transferable vote.
Rajya- Sabha, 3. The Vice-President shall not be a member
of either House of Parliament.
--does not hold office of profit .

VICE PRESIDENT
FUNCTIONS TENURE
1. He is the ex-officio Chairman of Rajya Sabha. 1. Holds office for a term of five years from the date on which he
2. He presides over the sessions of the Rajya Sabha and enters upon his office.
has the right of casting vote in the case of an equality of 2. He may be writing under his hand and addressed to the
votes. President resign his office.
3. The Vice-President shall act as President in the 3. The Vice-President can be removed from his office by a
resolution of Council of States passed by a majority of all the
absence of the President by reason of his illness, then members of the Council of States and agreed to by the
resignation or death until a new President is elected and House of the People.
enters upon his office. 4. The Vice-President can be re-elected.
PRIME MINISTER AND COUNCIL OF MINISTERS

• India has adopted a cabinet system of government.

• The real executive authority of the Union is exercised by the
Prime Minister and his Council of Ministers.
• Article 74 of the Constitution lays down that there shall be a
Council of Ministers with the Prime Minister at the head to advice
the President who shall in the exercise of his functions act in
accordance with such advice.
 PRIME MINISTER – REAL HEAD OF STATE
Qualifications
• Any person who :
(i) Must be a citizen of India
(ii) Must be member of either house of
TERM OF OFFICE
parliament, If he is not , he must
become within six month of his • The Prime Minister
appointment theoretically holds office ELECTIONS
(iii) Leader of the majority party or one during the pleasure of the
who enjoys the majority support in President. • Direct Elections
the Lok Sabha
• Actually the Prime Minister • Voted to
(iv) Shall be appointed by the President stays in office as long as he
in accordance with the well- majority by the
enjoys the confidence of the
established parliamentary practice of
Parliament .
Citizens via
inviting the leaders of the majority Universal Adult
party in Lok Sabha • The normal term is five Franchise
(v) President has discretionary power years but it is automatically
when no party or coalition commands reduced if the house is • FPTP System of
majority in the Lok Sabha to appoint dissolved earlier. Elections
PM
APPOINTMENT
 REAL HEAD OF UNION HEADS COUNCIL OF
EXECUTIVE MINISTER

FUNCTIONS PRESIDES OVER MEETINGS COMMUNICATES

OF PRIME COORDINATES THEIR
WORK
EXECUTIVE DECISIONS
TO PRESIDENT
MINISTER

PRESIDENT ACT ON
ADVICE OF THE PM
 POWER OF PRIME MINISTER
LEGISLATIVE POWER
Leader of the Lok Sabha
Fixes the Programme of the Parliament
Makes Important Policy Statements in the Parliament
Defends the Policies of the Government in the Parliament
Director of Foreign Policy
Director of Indian Economy
Recommends Dissolution of the Lok Sabha
EXECUTIVE POWER
Formation of Council of Ministers: appoints, removes and distributes portfolios to
Ministers
Presides the Meetings of the Cabinet
Leader of the Council of Ministers
Prepares the list for various important appointments such as those of governors,
judges of Supreme and High Court, members of UPSC, Election Commission,
ambassadors and high Commissioners. These appointments are however made by
the President
 COUNCIL OF MINISTERS

A minister must be a member of either House of Parliament.

If a person who is not a member of either House of Parliament is
appointed a minister, he shall cease to be a minister after six months,
unless in the meanwhile he manages to get elected to either of the two
Houses.
Ministers may be chosen from members of either House and a Minister
who is a member of one House , has right to speak in and to take part in
the proceedings of the other House though he has no right to vote in the
House of which he is not member.
COUNCIL OF MINISTER
 WORKS THROUGH
VARIOUS DEPARTMENT DEPUTY MINISTERS- HELP
EACH DEPARTMENT IS CABINET MINSTERS AND
DEFENCE, INDUSTRY, KNOWN AS PORTFOLIO MINISTERS OF STATE
AGRICULTURE, ETC
POWERS OF COUNCIL OF MINISTERS

• EXECUTIVE POWER
• The Ministry exercises all the executive powers
• All the departments of Government are under the control of the
Ministers and it is their responsibility to run the administration smoothly
• The council of Ministers lays down the policy of the government and in
light of that department work is carried out
• The Council of ministers executes the decision taken by the Cabinet
.They maintain order and peace in the states
• All the big and important appointments are made on the advice of the
Council of Ministers
COLLECTIVE
RESPONSIBILITY

• ALL MEMBERS OF COUNCIL

WORK AS TEAM.
• JOINTLY RESPONSIBLE TO
THE PARLIAMENT FOR ANY
DECISION TAKEN BY
COUNCIL.
• NO CONFIDENCE MOTION-
EVERYONE HAS TO RESIGN
FROM COUNCIL.
• SAIL AND SINK TOGETHER
 Forms of
Executive

Political Permanent
executive executive

Presidents, Prime Civil servants who

Ministers And are responsible for
Ministers who are day to day
responsible with administration
framing of policy.
 Bureaucracy
• Refers to the career bureaucrats who are the permanent executive branch of
the Republic of India.
• The civil service system is the backbone of the administrative machinery of the
country. Responsible for day to day administration
• A system of administration distinguished by its:
• ▫ clear hierarchy of authority
• ▫ rigid division of labor
• ▫ written and inflexible rules, regulations, and procedures
• ▫ Once instituted, bureaucracies are difficult to dislodge or change.
• They work for their political masters: the ministers lay down the policy and it is
for the civil servants, who serve at the pleasure of the President of India, to
carry it out. However, Article 311 of the constitution protects them from
politically motivated or vindictive action.
The Civil Services was introduced by Shri. Sardar Vallabhai Patel
He is considered as “Father Of Indian Civil Services”.
In India the educational qualification required for a civil servant is a
“Graduate Degree”.
Some civil services are:
I.F.S: Indian Foreign Service
I.A.S: Indian Administrative Service
I.P.S: Indian Police Service I.E.S: Indian Engineering Service
I.F.S: Indian Forest Service
Selection procedure:
RECRUITED BY UPSC in3 phases :