1.

Introduction-

The constitution of a country is super important, and you can't just change it without following the
proper legal steps. In India, like in many places, they've updated the constitution over time to keep up
with the changing world. If people want to tweak their constitution, they can, but it has to be done the
right way.

India has the longest written constitution globally, starting with 395 Articles and 8 Schedules. They've
made a bunch of changes through amendments, and now it has 395 Articles and 12 Schedules, plus
more than 90 amendments. Why is it so long? Well, they took good stuff from other countries' laws and
mixed it in. It's like putting together a puzzle of the best legal ideas.

Dr. B.R. Ambedkar, who was in charge of making the constitution, said they tried to pick the best bits
from different places while also thinking about what India needed. It's kind of like being smart runs in
the family!

The constitution isn't just a random set of rules; it even borrowed some ideas from the Government of
India Act, 1935, for the nitty-gritty details.

2. Who Is the 'Executive'?

In countries with constitutional democracies, the executive is the part of the government that ensures
things get done. However, this power isn't unlimited. There are three main limits: separation of powers,
fundamental rights protection, and regular elections. The government divides into three parts -
executive, legislative (that makes laws), and judicial (that interprets laws) - to keep a check on each
other and prevent one from becoming too powerful. Constitutional guarantees protect basic rights, and
leaders in the executive are regularly elected by the people.

Two Ways It Works: Parliamentary vs. Presidential System

In the parliamentary system, the majority party in the legislature forms the executive, headed by the
Prime Minister. Here, the executive and the legislature are not entirely distinct, as both the Prime
Minister and the cabinet members are drawn from the parliament. In contrast, the presidential system
sees the President elected separately from the legislature. Both the legislature and the President have
their own power bases and constituencies, providing a system of checks and balances.

I. Parliamentary System:

In this system, the majority party in the legislature forms the executive, and the head of this executive is
the Prime Minister. Notably, the Prime Minister and the cabinet members are also members of the
legislature, creating a close connection between those who make laws and those running the
government.

II. Presidential System:

Here, the President is elected separately from the lawmakers. Both the President and the legislature
have their distinct powers and constituencies, leading to a system where they can check and balance
each other. The President and the legislature ensure that no one gets too much power, providing a
different approach to governance.
 3. Union Executive

The Union executive duty to implement legislation passed by the Legislature and it coordinates with the
governing party Ministers who make policy judgments.

I. President of India:

The President holds a ceremonial role as the head of the country. They are elected by an electoral
college consisting of elected members from both houses of Parliament and the Legislative Assemblies of
States and Union Territories. The term for the President is five years.

II. 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.

A. 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.

B. 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.

C. Duties of Prime Minister

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.

III. 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.

B. 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.

C. 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.

D. 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.

E. 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.

IV. Attorney General

The Attorney General of India plays a crucial role as the government's top legal advisor, providing advice
on legal matters and representing the government in the Supreme Court. Nominated by the President
based on the Union Cabinet's recommendation, they serve at the President's discretion. To qualify, they
must have been a Supreme Court justice, an attorney, or an outstanding jurist. While there's no set
duration for the role, the Attorney General advises the government on legal implications and carries out
the President's legal responsibilities. They have the right to attend all Indian courts, participate in
Parliament sessions without voting, and exclusively represent the government in Supreme Court
proceedings.

V. Vice President
A. The term

The term of the Vice President is 5 years.

B. Appointment-

The election procedure is similar to that of the President, except the members of the state
legislative assembly do not participate in voting.
 C. Termination-

The Vice President can be removed by passing a resolution with a majority in Rajya Sabha and
approved by Lok Sabha.

D. Authority-

The Vice President acts as the ex-officio chairman of the Rajya Sabha. He takes the position of
President in case of death, resignation or impeachment of the President till the new President is
elected.

4. President of India:
I. Election-

In India, the President is chosen through a special kind of election. Instead of people directly voting for
the President, the representatives of the people do the voting. This is called an indirect election.

Here's how it works: there's a group called the Electoral College made up of elected members from the
Houses of Parliament and elected members from the State Legislative Assemblies. Nominated members
don't get to vote.

The voting is a bit like a math puzzle. It's done in proportion to the population of the state for State
Legislature Members and divided among the Members of Parliament based on the total votes of the
State Legislature and the total number of elected members of Parliament.

For example, if a state has a population of 10,55,000 and there are 1,000 elected members, each
member gets 1055 votes. It's a similar calculation for Members of Parliament.

Now, each elected member gets to cast a special kind of vote called a single transferable vote. They get
to choose their first, second, and so on preferences among the candidates. If no one gets the majority in
the first round, the candidate with the least votes gets removed, and their votes go to the others based
on preference. This keeps happening until one candidate gets the most votes and becomes the
President. It's like a step-by-step process to make sure the President has the most support.

II. What is the meaning of Impeachment?

Article 61 provides the provision of impeachment of the President. It means that the President can be
removed from his post even before the expiry of his term and this can be done in cases where he
violates the Constitution.

For impeaching a President, a charge can be brought up in either Houses of Parliament and it should be
presented in the form of a proposal which is to be signed by at least 1/4th of the total members of the
house. After the proposal is made, the House votes on it and if it is passed by a 2/3rd majority the other
House starts an investigation regarding the violation. If after the investigation, the house passes the
proposal with a 2/3rd majority then it will lead to the impeachment of the President which means
he/she will have to leave his office.

III. Executive Powers

A. Head of the Armed Forces

Under Article 53, the supreme command of the armed forces of the country is vested in the President.
Thus, the President has the power to declare war with any other country and also the power to conclude
peace. This is done under the regulation of Parliament.

B. Power to make appointments

The President has the power to appoint many constitutional officers and the members of the Union
Government. They include:

The Prime Minister

Chief Justice of India

Attorney General of India

Comptroller and Auditor General of India

Governors of States

Chairperson of the National Human Rights Commission

Chief Election Commissioner and other Election Commissioners

Administrators of Union Territories

C. Powers relating to the Council of Ministers

In India, the President holds a significant position as the Executive head, but the real power lies with the
Council of Ministers, led by the Prime Minister. The President's executive powers are exercised based on
the advice of the Council of Ministers. However, this advice comes with limitations, and the President
has the authority to send back recommendations for reconsideration. It's important to note that the
Council may or may not accept this reconsideration.

Despite being the nominal Executive head, the President doesn't have unlimited authority. The true
decision-making power rests with the Council of Ministers, especially the Prime Minister. This structure
ensures a system of checks and balances within the government.

On the other hand, the Prime Minister, while having substantial authority, also has specific duties
towards the President. One crucial duty is to keep the President informed about all decisions made by
the Council regarding the administration and legislation of the country. This duty emphasizes
transparency and ensures that the President is aware of the government's actions and policies.
Additionally, the Prime Minister is obligated to provide the President with any information requested.
This duty ensures open communication and cooperation between the President and the Prime Minister,
fostering a working relationship that is essential for the effective functioning of the government.

In summary, while the President holds a symbolic executive position, the real power lies with the
Council of Ministers, particularly the Prime Minister. Despite this, the Prime Minister has important
responsibilities towards the President, such as keeping them informed about government decisions and
providing necessary information when requested. This interplay between the President and the Prime
Minister reflects the balanced structure of the Indian government.

IV. Legislative Powers

The President despite being the executive head of the State, also possess many legislative powers which
are important for the legislation of the country.

A. Assent of the President

For any bill to get the sanction of law, it has to receive the assent of the President. Thus only when the
President gives his assent to a bill which has been passed by both the houses of Parliament, the bill can
become a valid law. This means that the President is an integral part of the Parliament in India.

The President also possess the power to veto the bill which is presented to him. The veto means that the
President has the power to send the bill back to the Parliament if the President thinks that some
reconsideration should be made in the bill. But if the Parliament sends the bill again without any
changes then the President has to give his assent to the bill.

B. Power to Promulgate Ordinance

Under Article 123 of the Constitution, when the Parliament is not in session and there is an urgency, the
President has the power to issue an ordinance and such an ordinance has the force of law. This
ordinance remains valid for six weeks from the date when the Legislature resumes its session. he effect
of the ordinance is the same as the act of Legislature and thus the President is entrusted with great
legislative power.

C. Nominating Members to Parliament

The President has the power to nominate 2 members of the Anglo-Indian community in the House of
People if he thinks that they are not represented properly. He also the right to nominate 12 members in
the Council of States from the field of Arts, Literature, Science, Social Science etc.

V. Judicial Powers
A. Article 72

The President of India holds some special powers related to the legal system, and these powers are
defined in Article 72 of the Constitution. Under this article, the President can do things like giving
reprieves, pardons, respites, remission, and commutation of sentences.

 Reprieve: This is like hitting the pause button on a person's sentence. It temporarily suspends
the punishment for a specific period.
  Pardon: In this case, if someone appeals to the President for mercy, especially in situations
where the Supreme Court has confirmed a death penalty, the President can grant a pardon. If
this happens, the person is completely freed from any punishment.

Grounds for Pardon:

Mental Illness or Insanity:

The President may grant a pardon if the offender is found to be mentally unsound.

Humanitarian Grounds:

Pardon may be granted on humanitarian grounds, especially in cases where the

Miscarriage of Justice:

If there is a miscarriage of justice or a serious flaw in the legal proceedings, the

 Respite: If someone is found guilty, a respite means they get a bit of relief. The punishment is
reduced, making it less severe.

 Remission: Here, the President can cut down the amount of sentence a person received after
the court judgment. It's a way of reducing the severity of the punishment.

 Commutation: This is like changing the form of punishment. For example, if someone was
initially given the death penalty, the President, through commutation, can change it to life
imprisonment instead.

So, in simple terms, Article 72 empowers the President to make decisions that affect the severity or
nature of a person's punishment, based on factors like mercy, relief, or a temporary break from the
sentence.

B. Power to declare Emergency

Under the Provisions of Article 352, 356 and 350 the president has the power to declare emergency
situation either in the whole territory of India or in any State or part of it.

There are 3 types of Emergency which can be declared by the president:

1. National Emergency (Article 352)

2. State Emergency (Article 356)

3. Financial Emergency (Article 360)

During Emergency, any rights including Fundamental rights except for Article 20 and 21 can be
suspended by the President and the Parliament can also pass a resolution to impose President’s rule in
any State.
 5. Conclusion

In India, the President is called the Executive head but he is only a titular head. Even though the
President is given many powers, many of them are not very effective for e.g. even if the president sends
a bill back to the Houses of Parliament for some modifications, the Parliament can resend it without any
modifications and the President is bound to give his assent.

Also, the President does not play an active role in the affairs of the State and the real Executive power is
vested in the Council of Ministers headed by the Prime Minister. So, the Prime Minister is the real head
of the state and the President is the head only in name.