In India, the Legislature is responsible for making laws.

However, it is the executive branch of the

Council of Ministers

Prime Minister

Union Executive

President

Vice- President

Fig. 13.1 Union Executive of India

According to Article 53 of the Indian Constitution, the executive power of the Union is vested in the
President who is also the constitutional and ceremonial head of the country. The President acts on
the advice of the Prime Minister and the council of ministers.

Qualifications of the President

The qualifying criteria to be the President of India are as follows:

→ He/she must be an Indian citizen.

→ He/she must be 35 years of age or above.

→ He/she must be qualified for election as a member of the Lok Sabha.

He/she should not hold any office of profit under the government.

Election of the President

The Indian President is elected by an electoral college that consists of members of both the Houses
of Parliament and the State Legislative Assemblies.

Presidential election involves proportional representation of all the states of India, as well as that of
the National Capital Territory of Delhi and the Union Territory of Puducherry.

Tenure

The President of India is elected for a term of five years though they may be re-elected for another
term. The President's successor must be elected before their tenure gets over. In the event of the
President's death, resignation, or impeachment, the Vice-President assumes the duty of the
President. The next President must be elected within six months of the date of the President's
removal, resignation, or death.

Impeachment

Impeachment means the removal of a government official from his/her office without their consent
typically due to specific charges or allegations of misconduct or violations of the law or constitution.
One of the Houses of Parliament can start the impeachment procedure of the President. The
President can be removed from office only if two-third members of both the Houses of Parliament
agree to the same.

Tickle Your Brain

Can you think of a situation which might lead to a President's impeachment?

Powers and Functions

Executive powers

→ The President is responsible for the appointment of the Prime Minister of India. He/she also has
the power to appoint the governors, ambassadors, and other dignitaries of the state.

→ The President of India is the supreme commander of the Indian defence forces, its Army, Navy,
and Air Force.

Legislative powers

♦ Upon formation of a government, following the elections, it is the President who addresses the
first session of the Parliament.

Presidential assent is mandatory for a bill to become a law.

The President can nominate twelve members to the Rajya Sabha.

In the event of a stalemate on the passage of a bill, the President can summon a joint session of both
the Houses of Parliament.

Judicial powers

The President has the power to reduce a sentence or grant

Did You Know

Neelam Sanjiva Reddy, the sixth President of India, was the youngest to serve in the office, at the age
of 64 years. Till date, he remains the only President to have been elected unopposed.

pardon to any person sentenced by Indian courts.

Fig. 13.2 Neelam Sanjiva Reddy

→ The President appoints the judges of the Supreme Court and the State High Courts. The President
can consult the Supreme Court on issues of public importance.

→ Criminal proceedings cannot be started against the President during his/her term of office.
Financial powers

→ It is mandatory to seek the President's approval before introducing a Money Bill in the Parliament.

The President also appoints the Finance Commission to make recommendations about the
distribution of taxes between the Centre and the states.

→ The President presents the Annual Financial Statement or the budget to the Parliament.
Emergency powers
→ The President has the power to declare an emergency if convinced that the security of the country
is threatened by an act of war or rebellion.

→ The President can also declare an emergency in an Indian state if he/she is satisfied that the state
cannot be run according to the provisions of its law.

→ The President can declare a state of financial emergency if he/she is convinced that India's
financial stability is at risk. This may be rectified by controlling the distribution of funds to the states.

Military powers

The President of India is the commander-in-chief of the Indian armed forces.

→ The power to declare war or conclude peace with any country is vested in the President. This is
done on the advice of the Prime Minister and the council of ministers.

The President signs all treaties with any foreign countries.

Did You Know

Pratibha Devisingh Patil, the 12th President of India, was the first woman to be elected as President.
She was in office from 2007-2012.

Powers and Functions

Article 64 of the Indian Constitution confers the position of the ex-officio Chairman of the Rajya
Sabha (Council of States) on the Vice-President. In the event of the President's death, resignation, or
removal, the Vice-President assumes the office of the President. Similarly, if the President is unable
to perform his duties due to illness, or other causes, the Vice-President acts in the capacity of the
President. In such a capacity, the Vice-President is granted all powers and immunities, as enjoyed by
the President.

Removal from Office

The Vice-President can be removed from office if a resolution is passed by the majority of the
members of the Rajya Sabha, in agreement with the Lok Sabha. The resolution to remove the Vice-
President can only be moved if the President has been given a 14-day notice for the same. Rapid
Round

1. What are the different components of the Union Executive of India?

Vice-President

The Vice-President assists the President of India. The office of the Vice- President is the second in the
order of precedence, next to that of the President's. Moreover, it is first in the line of succession to
the presidency. Qualifications of the Vice-President

The office of the Vice-President of India is the second-highest constitutional office in the country.
Part V of the Indian Constitution describes the functions and duties of the Vice-President. The
qualifying criteria to become the Vice-President of India are as follows:

→ He/she must be an Indian citizen.

→ He/she must be of 35 years of age or above.

He/she should not hold any office of profit under the government. Election of the Vice-President

Fig. 13.3 The first Vice-President of India- Dr S. Radhakrishnan

The Indian Vice-President is elected by an electoral college that consists of members of both the
Houses of Parliament. Members of the State Legislative Assemblies do not take part in this election,
which is conducted through a secret ballot.

Tenure

The Vice-President of India is elected for a period of five years. He may be re-elected for another
term. The Vice-President can remain in office even after the expiry of his term, till the election of a
successor. The Vice-President may choose to resign, subject to its acceptance by the President of
India.

2.

Describe the judicial powers of the President of India.

3. How is the Vice-President of India elected?

The Prime Minister

The Prime Minister is the real head of the Union Executive in India. The President formally appoints
the leader of the majority party as the Prime Minister. The Prime Minister, along with the Council of
Ministers, looks after the day-to-day functioning of the government. In case of a coalition
government, one of the members of the alliance, which has the majority in the Lok Sabha, becomes
the Prime Minister, once it is agreed upon by all.

Qualification of the Prime Minister

For a person to qualify as the Prime Minister of India:

→ He/she should be an Indian citizen.

→ He/she should be a member of either the Lok Sabha or the Rajya Sabha.

He/she should be at least 25 years of age if a member of the Lok Sabha, or at least 30 years of age if
a member of the Rajya Sabha.

→ He/she should not hold any office of profit under the Government of India. Tenure

The Prime Minister is appointed to remain in office through the full five-year term of the Lok Sabha,
unless he/she and the Council of Ministers are voted out of power.

Powers and Functions

The Prime Minister of India has the following duties and powers:

→ He/she is responsible for framing the national policies of the government.

→ He/she is responsible for the functioning of the Executive and the

Legislature.
The Prime Minister selects ministers from among the members of his party and allocates portfolios
to them.

Fig. 13.4 Jawaharlal → The Prime Minister supervises meetings of the Cabinet and Council of Nehru,
India's first Prime Minister Ministers.

→ He/she also supervises the work of other ministers.

→ The Prime Minister may retain some portfolios with him/herself.

→ He/she is the link between the President and the Council of Ministers.

On all matters, the Prime Minister is the advisor to the President of India, who is bound, by Article 54
of the Indian Constitution, to act on the former's advice.

On the Prime Minister's advice, the President can also dissolve the Lok Sabha.

Tickle Your Brain

Word Galaxy

council - a group of people elected or chosen to make decisions or give advice on a particular subject

Is the office of the President of India necessary, if the President has no real power, like the Prime
Minister?

Council of Ministers

The Council of Ministers consists of members of the majority party who have been assigned various
portfolios by the Prime Minister to manage the administration of the country. To become a Minister,
typically, a person has to be a member of either House of Parliament. However, the Constitution has
no restriction on the appointment of a person from outside the Parliament as a Minister. At the same
time, a Minister appointed thus cannot continue in office for more than six months. He/she must
secure a seat in either House of Parliament to continue.

The Council of Ministers is divided into three categories - Cabinet Ministers, Ministers of State, and
Deputy Ministers. According to Article 75(3) of the Constitution, the Council of Ministers is
collectively responsible to the Lok Sabha. Cabinet Ministers are those ministers who handle the most
important portfolios of the government, for example, defence, external affairs, finance, etc.

Ministers of State work in tandem with Cabinet Ministers. Although many Ministers of State have the
same portfolio as Cabinet Ministers, some of them take independent charge of portfolios like
tourism, culture, etc. Deputy Ministers assist Cabinet Ministers and Ministers of State in their work.
Civil Services

A vast country such as India, with major cultural diversity, cannot be effectively managed by a small
group of people, such as the Council of Ministers, on their own. They are assisted by officers of the
civil service. The civil service is the permanent executive branch of India. The decisions and laws
made by the legislature are executed by officers of the civil service. Bureaucrats or government
officers manage the affairs of the government throughout the country. At the central level, the civil
services consists of the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian
Forest Service (IFS). The officers of the civil services are selected at the national level through a body
called the Union Public Service Commission in New Delhi. They conduct a competitive examination to
select the most suitable candidates for the post of a civil servant. The officers of the civil services do
not represent any political party. Their tenure does not depend on the fate of the government either.
The Cabinet Secretary is the highest officer of the civil services. His office is known as the Cabinet
Secretariat.

Global Connection

Separation of Powers in the United Kingdom

The executive and legislative branches are intricately linked in the United Kingdom. This type of
power integration between the executive and legislature, it is believed, provides stability to the
government and efficiency to its functioning. Usually, the British Prime Minister is the head of the
executive branch as well as leader of the majority party in the legislature.

Rapid Round

Fig. 13.5 The British House of Commons.

1. What are the qualifying criteria of the Prime Minister of India? What is the composition of the
Council of Ministers?

2.

3. How are officers of the Indian civil services selected?