Union Executive - Definition, Composition, Powers, Importance,

Limitations

Introduction: - The Union Executive is the executive arm of the Government of India.
It is responsible for carrying out the laws and policies of the government. The Union
Executive is headed by the President of India, who is assisted by the Prime Minister and the
Council of Ministers.

About Union Executive

The Union Executive refers to the branch of the Indian government responsible for the
implementation and administration of laws. It consists of the President, the Prime Minister,
and the Council of Ministers. The Union Executive holds the executive power and plays a
crucial role in the governance of the country.

Composition of Union Executive

President
The President is the nominal executive of India. The qualifications for the President include
being a citizen of India, at least 35 years of age, possessing qualifications similar to members
of the Lok Sabha, and being of sound mind. The President performs legislative and executive
functions and acts as the head of the state.

Council of Ministers
The Council of Ministers is headed by the Prime Minister and consists of ministers who are
responsible for various government departments. The Prime Minister is the real executive of
India and is usually the leader of the political party with the majority in the Lok Sabha. The
Council of Ministers aids the Prime Minister in decision-making and policy implementation.

The President
The President of India is the nominal executive and the head of the state. The President is
elected by an electoral college. It consists of the elected members of both houses of
Parliament and the state legislative assemblies. The President's role includes appointing the
Prime Minister, the Council of Ministers, and other high-ranking officials. The President also
has the power to grant pardons, commute sentences, and dissolve the Lok Sabha.
Term and election of President
o The term of the President is five years.
o He is not directly elected by the people.
o The election is done by the Members of the Legislative Assembly and Members of
Parliament.
o This election follows the principle of proportional representation and a Single
Transferable Vote system.
Removal of the President
o The President can be removed only by the Parliament.
o This process is known as impeachment.
o Impeachment requires a special majority in the parliament.
Powers of the President
o The Executive power of the Union resides formally with the President.
o The President is also provided with legislative, judicial and emergency powers.

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 o These powers are exercised by the President through the Council of Ministers headed
by the Prime Minister.
o In many cases, the President has to follow the advice of the Council of Ministers.
o The President has a right to be informed of all important matters and decisions of the
Council of Ministers.
o The Prime Minister is obliged to the President to furnish all the information asked by
him.
Limitations to these powers
o The President can deny the advice of the Council of Ministers or ask them to
reconsider their decisions.
o The President is bound to consider the advice if the Council sends back the same
advice.
o The President has veto power by which he can refuse or withhold the bills passed by
the parliament.
o It is also referred to as a ‘pocket veto’ as the President can informally keep the bill
pending without any time limit.
o This veto power cannot be used over money bills.
o The President has to give assent to the bill if the same bill is passed by the parliament
again and sent to the President.
o The President also has an important role in appointing the Prime Minister when there
is no clear majority of a political party in the parliament.
o He also has the power to dissolve Lok Sabha when there is no majority in the house.
o This power can only be used in certain political circumstances when the governments
are not stable and coalitions are formed.

Vice President
The Vice President of India is the second-highest constitutional position in the country. The
Vice President is elected by an electoral college consisting of members of both houses of
Parliament. The Vice President presides over the Rajya Sabha (Upper House of Parliament).
He performs various functions when the President is unable to discharge their duties. The
Vice President also plays a crucial role in maintaining the smooth functioning of the
Parliament. He acts as a bridge between the government and the legislature.

Prime Minister
The Prime Minister is the most important functionary in the government of our country. The
Prime Minister is the head that advises the President. It is both the need and outcome that the
Prime Minister has the support of the Majority in Lok Sabha.
Qualifications
o Must be a citizen of India.
o Must be a member of either of the Houses of the Parliament, i.e. The Lok Sabha and
The Rajya Sabha.
o Should complete 25 years of age if he is a member of the Lok Sabha and 30 years of
age if he is a member of the Rajya Sabha.
Appointment and termination of Prime Minister
o The leader of a party having a majority in the Lok Sabha is appointed by the President
as the Prime Minister.
o In cases of coalition, the most accepted leader is appointed as Prime Minister.
o The Prime Minister loses his office at the moment when the majority is lost in Lok
Sabha.
Duties of Prime Minister
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 o Appointment of council of ministers.
o Make crucial decisions and policies of the government.
o Communicate all decisions made by the Council of Ministers (related to
administration and proposals for legislation) to the President.
o Act as a link between the Council of Ministers, Parliament and the President.
o Act as a negotiator in coalition governments on policy making.

Council of Ministers
The Council of Ministers is a body of ministers headed by the Prime Minister. The ministers
are responsible for specific government departments. They assist the Prime Minister in policy
making and administration. The Council of Ministers is collectively responsible to the
Parliament. It helps in the decision-making process. The Prime Minister is the head of the
Council of Ministers. He holds significant power in the executive branch and plays a crucial
role in the governance of the country.
Appointment of council of ministers
o It is formed only after the Prime Minister has taken the oath of office.
o The Prime Minister decides the ministers in the Council of Ministers and assigns
portfolios and ranks to them.
o The ministers are given ranks depending on their seniority and political importance.
o The chief minister in the state appoints ministers in a similar manner.
Termination of Council of Ministers
o The death or resignation of the Prime Minister causes the dissolution of the Council.
o A vote of no confidence against a single Minister can lead to the resignation of the
Council of Ministers.
Size of council of ministers
o The number of council of ministers should not exceed more than 15% of the total
members of the Lok Sabha.
o This provision was made in 2003 by the 91st Amendment Act.
Responsibility of the council of ministers
o The Council of Ministers is an executive committee that governs on behalf of the
parliament.
o The Council of Ministers is collectively responsible to the Lok Sabha.
Tenure of the council of ministers
o The full term of the office of the Cabinet Ministers is 5 years, but these ministers can
be changed at the discretion of The Prime Minister.

Attorney General
The Attorney General of India is the highest legal advisor to the government. The Attorney
General is appointed by the President. He serves as the chief legal officer of the country. The
Attorney General provides legal advice to the government. He represents the government in
legal matters and appears in court on behalf of the government. The Attorney General plays a
vital role in upholding the rule of law and ensuring the legality of government actions