4.

CONSIDER COUNTERCLAIMS

Executive
 Introduction

The government
works through
three main organs:

Legislature – Executive – Judiciary –

Makes laws Implements laws Interprets laws
 Introduction
•These three:
• Work together.
• Maintain law and order.
• Ensure people’s welfare.
• Maintain a balance and coordination among themselves.

•In a parliamentary system:

• The legislature controls the executive.
• The executive also influences the legislature.
• They are interdependent.
 What is an Executive?

•In simple terms, executive means:

A group of people who take decisions and implement them.

Examples in daily life:

•School principal: Takes major decisions in a school.
•Company executives: Make policies and supervise daily work.
 What is an Executive?

The executive in government:

•Implements laws and policies made by the legislature.

•Also takes part in policy making.
•Is responsible for administration and management of the country.
 Types of Executive

Type Members Role

Prime Minister, Make policies and
Political Executive
President, Ministers lead the country
Do daily
Permanent Civil servants (IAS, IPS,
administration and
Executive etc.)
implement policies
 Different Types of
Executive
1. Presidential System
➤ Features:
•President is both the Head of State and Head of Government.
•The President holds real powers – both in theory and practice.
•President is directly elected by the people.
•The executive is independent of the legislature.
➤ Countries with Presidential System:
•USA
•Brazil
•Most countries in Latin America
 Different Types of
Executive
2. Parliamentary System
➤ Features:
•Prime Minister is the Head of Government.
•There is a President or Monarch as nominal (ceremonial) Head of
State.
•The real powers are with the Prime Minister and the cabinet.
•The executive is dependent on the support of the legislature.
 Different Types of
Executive

➤ Countries with Parliamentary System:

•India
•Germany
•Italy
•Japan
•United Kingdom
•Portugal
 Different Types of
Executive
3. Semi-Presidential System
➤ Features:
•There is both a President and a Prime Minister.
•The President has more powers than in a parliamentary system.
•The President may appoint the Prime Minister and ministers.
•Sometimes the President and PM belong to different political
parties, which can create tensions.
 Different Types of
Executive

➤ Countries with Semi-Presidential System:

•France
•Russia
•Sri Lanka
 Different Types of
Executive

System Type Real Power Held By Ceremonial Head

Presidential President Same as real head

Parliamentary Prime Minister President or Monarch

Shared by President & President usually
Semi-Presidential
PM stronger
Different Types of
Executive
Types of Executive: India vs.
Sri Lanka
Parliamentary Executive in India

Why India Adopted It

•India had experience with this system under the Acts of 1919 and
1935.
•Ensures government remains responsible and accountable to the
people.
•Parliamentary system allows legislature to control the executive.
•Avoids danger of personality cult as seen in presidential systems.
Types of Executive: India vs.
Sri Lanka
Structure at the National Level
•President: Formal Head of the State.
•Prime Minister and Council of Ministers: Real executive, runs the
government.

Structure at the State Level

•Governor: Formal head.
•Chief Minister and Council of Ministers: Run state government.
Types of Executive: India vs.
Sri Lanka
Semi-Presidential Executive in Sri Lanka

Introduction:
•Adopted in 1978 through constitutional amendment.
•Known as Executive Presidency.
•President is directly elected by the people.
Types of Executive: India vs.
Sri Lanka
Role of the President:
•Head of State, Head of Government, and Commander-in-Chief of Armed Forces.
•Can appoint Prime Minister (from majority party in Parliament).
•Can also remove Prime Minister or any Minister.

Term and Removal:

•Elected for 6 years.
•Can be removed by:
• Resolution in Parliament with 2/3rd majority, or
• Half the MPs pass a resolution and the Speaker agrees → case goes to Supreme
Court.
Types of Executive: India vs.
Sri Lanka
Feature India Sri Lanka
System Type Parliamentary Semi-Presidential
Indirect by MPs &
President’s Election Direct by people
MLAs
Head of Government Prime Minister President
President Can Remove
No Yes
PM?
President’s Role Ceremonial Powerful Executive
Only for violation of 2/3rd majority or
Impeachment Process Constitution; needs Speaker + Supreme
special majority Court Inquiry
Powers of the President of
India
•Executive powers vested in the President but used through the Council of
Ministers.

•Elected indirectly (not by citizens, but by MPs and MLAs using proportional
representation system).

•Term: 5 years.

•Can be removed by impeachment only on the grounds of violation of

Constitution.
 Powers of the President of
India

Article 74 (1):
The President shall act on the advice of the Council of Ministers.
President may ask for reconsideration once, but must accept the advice
afterward.

Powers of the President (used on advice):

•Executive, legislative, judicial, and emergency powers.
•Real decisions made by the Prime Minister and Cabinet, who have
majority in Lok Sabha.
Powers of the President of
India
1. Executive Powers :
•Appoints Prime Minister, ministers, governors, etc.
•Runs the administration of the country (but through ministers)

2. Legislative Powers :
•Can summon and dissolve Parliament.
•Signs bills passed by Parliament.
•Can address Parliament sessions.
Powers of the President of
India

3. Judicial Powers:
•Can pardon or reduce punishment of criminals (clemency powers).
•Especially in cases involving death sentence.

4. Emergency Powers:
•Can declare National, State, or Financial Emergency.
•Gives huge powers to the central government during emergency.
Discretionary Powers of the
President of India

What Is Meant by Discretionary Powers?

•Usually, the President acts only on the advice of the Council of Ministers.
•But in some special situations, the President can take decisions on their
own.
•These are called discretionary powers.
 Discretionary Powers of the
President of India

President Must Be Informed

•Constitution gives the right to be informed to the President.

•The Prime Minister must give all information the President asks for.
•The President can write letters to the PM and express personal views.
Three Main Situations Where
President Uses Discretion
1️⃣ Sending Advice Back for Reconsideration

•The President can send back the advice of the Council of Ministers once.
•If the President feels the advice:
• Has legal flaws
• Is against national interest
• Needs changes
•Then the President can ask the Council to reconsider.
•However, if the same advice is sent again, the President must accept it.
Three Main Situations Where
President Uses Discretion
2️⃣ Veto Power (Refusing a Bill)
•Every bill passed by Parliament must be signed by the President to
become a law.
•The President can:
• Send back a bill for reconsideration (except Money Bills).
• Delay signing the bill (called Pocket Veto).
No time limit mentioned in the Constitution for this.
•If Parliament passes the bill again, the President has to sign it.
Three Main Situations Where
President Uses Discretion
3️⃣ Appointing the Prime Minister in Special Cases

•Usually, the President appoints the leader of the majority party as PM.
•But when no party gets a clear majority, the President:
• Has to decide who is most likely to form the government.
• Uses own judgment to choose the Prime Minister.
•This happened many times between 1989 to 1998 when no party had full
majority.
 Role During Unstable
Governments

If the Prime Minister loses majority, the President can:

•Ask for proof of majority.

•Dissolve Lok Sabha if needed.
•In such situations, the President becomes more important.
 Why Do We Need a
President?

Even though the President is a ceremonial head, the role is important because:

•PM and Council of Ministers can be removed anytime.

•We need a stable person to represent the country.
•President is a symbolic head of the nation and the final authority in special cases.
 President’s Discretion
Over a Bill: No Time Limit
What Happened in 1986?

•Parliament passed the Indian Post Office (Amendment) Bill.

•The bill was criticised as it reduced press freedom.
•Then President Gyani Zail Singh did not give assent to the bill.
•He neither approved nor rejected the bill — just kept it pending
(pocket veto)
 President’s Discretion
Over a Bill: No Time Limit
What Happened Next?

•After his term, new President R. Venkataraman sent the bill back to Parliament
for reconsideration.
•By that time (1989), a new government came to power and did not reintroduce
the bill.
•So, the bill never became a law.
Conclusion:
The President’s power to delay assent to a bill can be used as a 'pocket veto',
effectively stopping a bill without rejecting it.
 President’s Role in Choosing
the Prime Minister
Situation Without Majority (1998 Case)
•In 1998 Lok Sabha elections, no party had clear majority.
•BJP alliance had 251 seats (majority required: 272).

What Did President K. R. Narayanan Do?

•Asked BJP leader Atal Bihari Vajpayee to:
• Submit proof of support from other political parties.
• Take vote of confidence in Lok Sabha within 10 days.
 Vice President of India

How Is the Vice President Elected?

•Elected for 5 years.
•Only MPs (Members of Parliament) vote (State MLAs don’t vote).
•Similar method to President’s election, using proportional
representation.

How Can the Vice President Be Removed?

•Removed by a majority resolution in Rajya Sabha.
•Must be approved by Lok Sabha.
 Vice President of India

Powers and Role

•Acts as ex-officio Chairman of Rajya Sabha (like Speaker in Rajya Sabha).
•Becomes Acting President when:
• President dies
• Resigns
• Is removed
• Or temporarily unable to perform duties.

Example:
•After Fakhruddin Ali Ahmed's death, B. D. Jatti (then Vice President) acted as
President till the next election.
 Prime Minister and Council
of Ministers
Importance of the Prime Minister

•The Prime Minister (PM) is the most important person in Indian

government.
•The PM heads the Council of Ministers, which advises the
President.
•The PM must have majority support in Lok Sabha.
•If the PM loses this majority, they must resign.
 Prime Minister and Council
of Ministers
Coalition Governments and PM

•After 1989, many times no party got full majority.

•In such cases, coalition governments were formed.
•The PM is usually a leader who is acceptable to all coalition
partners.
•PM is formally appointed by the President.
 Role and Powers of the
Prime Minister
Formation of Council of Ministers
•PM chooses who becomes a minister.
•PM also decides the rank:
• Cabinet Minister
• Minister of State
• Deputy Minister
•PM allocates portfolios (departments) to each minister.
•All ministers must be members of Parliament, or get elected within 6
months.
 Role and Powers of the
Prime Minister

Control and Responsibility

•The executive is under the control of Parliament.

•The Council of Ministers is collectively responsible to Lok Sabha.
• If Lok Sabha passes a no-confidence vote, all ministers must resign.
• If one minister disagrees with a decision, they must either accept it
or resign.
 Role and Powers of the
Prime Minister
Importance and Authority of the PM
•Council of Ministers exists only if PM is there.
• If PM resigns or dies → entire council is dissolved.
• If a minister resigns → only that seat becomes
vacant.

•PM is the link between:

• Council of Ministers
• The President
• The Parliament
•Pt. Nehru called PM the "linchpin of the government".
•PM must keep the President informed of all important
decisions.
 Sources of the PM’s Power

•Controls Council of Ministers.

•Leads Lok Sabha.
•Commands the bureaucracy (civil servants).
•Has media access and strong public image.
•Represents India at global summits and foreign visits.
But the real power of PM depends on the political situation.
Challenges Faced by PM in
Coalition Era (Post 1989)
Key Challenges

1.President has more discretion in choosing the PM when there's no

majority.
2.PM needs to consult coalition partners more often.
3.PM cannot freely:
1.Appoint ministers
2.Decide ranks and roles
4.Government policies require compromise among different parties.
1.PM acts more as a negotiator than a decision-maker.
Parliamentary Executive at
the State Level

•State governments have similar structure:

• Governor = Formal Head (appointed by President)
• Chief Minister (CM) = Real Executive
•CM must have majority in State Assembly.
•Governor has more discretionary power than the President.
 Size of the Council of
Ministers
Problem Before 2003
•No limit on the number of ministers.
•Led to very large Councils to satisfy allies and party members.

Solution: 91st Amendment (2003)

•Now, Council of Ministers cannot exceed 15% of the total
members of the Lok Sabha (or State Assembly in case of states).
 Permanent Executive:
Bureaucracy

What is Bureaucracy?

•Bureaucracy is the permanent part of the executive.

•It includes trained and skilled civil servants who assist ministers in
making and implementing policies.
•It is also called the civil service, different from military services.
 Permanent Executive:
Bureaucracy

Role in a Democracy
•Ministers are elected representatives, and bureaucrats work
under their control.
•The legislature also keeps a check on the administration.
•Bureaucrats cannot go against the policies made by elected
representatives.
•They must be politically neutral and should not take sides in
politics.
 Permanent Executive:
Bureaucracy

Political Neutrality and Responsibility

•When a new party comes to power, the bureaucracy must support

the new policies, even if they are different from old ones.

•Bureaucrats must work with honesty and efficiency, no matter

which government is in power.
Structure of Indian
Bureaucracy
 Structure of Indian
Bureaucracy

•It is a huge and complex system.

It includes:
•All-India Services (like IAS, IPS)
•State Services
•Employees of local government
•Technical staff of public sector units
 Structure of Indian
Bureaucracy
Recruitment and Selection

•Bureaucrats are selected based on merit through exams.

•Union Public Service Commission (UPSC) handles recruitment for the
central government.
•State Public Service Commissions do recruitment at state level.
•Members of these commissions are given fixed terms, and removal needs a
proper judicial inquiry.
 Structure of Indian
Bureaucracy
Representation through Reservation

•The Constitution provides reservation in civil services to ensure social

equality:
• Scheduled Castes (SC)
• Scheduled Tribes (ST)
• Other Backward Classes (OBC)
• Women
• Economically Weaker Sections (EWS)
 Structure of Indian
Bureaucracy
IAS and IPS Officers

•IAS and IPS officers are selected by UPSC and are the top administrators in
the states.
•Example: District Collector is usually an IAS officer.
•They work under state government but:
• Are appointed by the central government.
• Only the central government can take action against them.
• They can be transferred to central service again.
 Structure of Indian
Bureaucracy

State-Level Administration

•Apart from IAS/IPS, state civil servants are appointed by State Public
Service Commissions.
•This system gives the central government more control over state
administration.
Challenges in Bureaucracy

People's Experience
•Bureaucracy is often seen as unfriendly and hard to approach.
•People feel it is slow and unresponsive to their problems.

Need for Control

•Elected governments must control bureaucracy to keep it in check.
•But too much political interference can turn bureaucracy into a tool for
personal gains of politicians.
Challenges in Bureaucracy

Accountability

•Though bureaucracy is recruited independently, there is lack of protection

from political pressure.
•There is also a lack of accountability to citizens.
•RTI (Right to Information) is seen as a way to make it more transparent
and responsive.
 Conclusion

•The executive is powerful, so there is a need for democratic control.

•That’s why India adopted a parliamentary executive, where:
•There are elections regularly.
•The executive is accountable to the people.
•Powers are limited by the Constitution.
•These systems help ensure that the executive remains responsible and
responsive to citizens.