Constitutional Government and Democracy in IndiaChapter Unit

INTRODUCTION

The executive refers to the branch of the government responsible for enforcing laws enacted by the legislature and overseeing the country’s administration. According to Prof. Garner, the executive encompasses all officials and agencies tasked with implementing the state’s will.

The Indian Constitution follows the British parliamentary pattern, creating both a Union executive and State executives.
The President (at the center) and the Governor (at the state level) are the formal heads, but real executive power lies with the Council of Ministers led by the Prime Minister.

THE PRESIDENT

Constitutional Position of the President

The President of India is the constitutional head of state. Under Article 53, executive power is vested in the President, but in practice, it is exercised on the advice of the Council of Ministers. The President’s role includes preserving, protecting, and defending the Constitution.

Qualifications to Become President

As per Article 58:

Must be a citizen of India.
Should be at least 35 years of age.
Qualified for election as a Lok Sabha member.
Cannot hold any office of profit under the Government.

Certain office holders (like the Vice President, Governor, or Ministers) can contest but must vacate their positions upon election.
The candidate must also deposit ₹15,000 as security to prevent frivolous candidacies.

Election of the President

The President is indirectly elected through an Electoral College.
Electoral College includes:
1. Elected members of both Houses of Parliament.
2. Elected members of State Legislative Assemblies.

The election follows the proportional representation system with a single transferable vote to maintain parity between states and the Union.
Supreme Court resolves disputes regarding the election, and its decision is final.

Term, Removal, and Vacancy

The President’s term is five years, but they continue in office until a successor assumes charge.
Resignation: Submitted to the Vice President.
Impeachment: The President can be removed for violating the Constitution.
- Impeachment requires a two-thirds majority in both Houses of Parliament.

Vacancy

In case of a vacancy due to resignation, death, or removal:

The Vice President serves as the acting President.
Fresh elections must occur within six months.

Privileges of the President

Not answerable to any court for official acts (except impeachment).
No criminal proceedings can be initiated during their term.
Cannot be arrested or imprisoned while in office.
Civil proceedings require a 2-month advance notice.

Powers of the President

Executive Powers

All executive power is exercised in the President’s name.
Appointments made by the President include:
- Prime Minister and Council of Ministers.
- Governors of states.
- Judges of Supreme Court and High Courts.
- Attorney General, CAG, UPSC Chairman, and other key positions.
President is the Supreme Commander of the Armed Forces.

Legislative Powers

Summons and prorogues Parliament sessions; dissolves Lok Sabha.
Can call a joint sitting to resolve deadlocks.
Assents bills passed by Parliament or returns them for reconsideration.
Can promulgate ordinances during Parliament’s recess (valid for 6 weeks after Parliament reconvenes).
Nominates 12 members to the Rajya Sabha from fields like art, science, and social service.

Financial Powers

No money bill can be introduced without the President’s recommendation.
Lays the Union Budget before Parliament annually.
Controls the Contingency Fund of India.
Appoints the Finance Commission every five years.

Judicial Powers

Appoints Chief Justice and judges of Supreme Court and High Courts.
Exercises the power of pardon under Article 72, including:
1. Pardon, reprieve, or remission for court-martial sentences.
2. Cases of death sentences.

Emergency Powers

The President can declare three types of emergencies:

National Emergency (Article 352): Due to war, external aggression, or armed rebellion.
State Emergency (Article 356): If constitutional machinery in a state fails (President’s Rule).
Financial Emergency (Article 360): If India’s financial stability is threatened.

Diplomatic Powers

Represents India in international affairs.
Signs treaties and agreements.
Sends and receives diplomatic envoys.

Position of the President

The President is a constitutional head, acting on the advice of the Prime Minister and the Council of Ministers.

Under the 42nd Amendment, the President is bound to accept the Cabinet’s advice.
The 44th Amendment allows the President to request the Cabinet to reconsider its advice, but the Cabinet’s final advice is binding.

Prominent views on the President’s role:

Dr. B.R. Ambedkar: The President resembles the British monarch—a constitutional head.
Despite being largely ceremonial, the President plays a key role during political crises or hung parliaments.

THE PRIME MINISTER

Constitutional Role

The Prime Minister is the real executive head and leader of the government. Under Article 74, there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President.

Appointment and Term

The Prime Minister is appointed by the President, usually the leader of the majority party in Lok Sabha.
Holds office as long as they enjoy the confidence of the Lok Sabha.

Powers and Functions

Head of Council of Ministers:
- Allocates portfolios, reshuffles ministers, and coordinates their work.
Link with the President:
- Acts as the chief advisor to the President.
- Communicates all decisions of the Cabinet to the President (Article 78).
Leader of Parliament:
- Represents the government in Parliament.
- Advises the President on summoning and dissolving Lok Sabha.
Leader of the Party:
- Ensures party support and solidarity.
International Role:
- Represents India in global forums and manages foreign relations.
Patronage:
- Influences key appointments like Governors, CAG, and diplomatic envoys.

Prime Minister vs. President

The President is the nominal head, while the Prime Minister is the real executive.
Article 74 mandates that the President act on the advice of the Prime Minister and Council of Ministers.

However, differences have arisen between Presidents and Prime Ministers, such as:

Rajendra Prasad vs. Nehru over appointments.
Zail Singh vs. Rajiv Gandhi on governance transparency.

CONCLUSION

The President and Prime Minister are integral to India’s democratic framework. While the President ensures constitutional governance, the Prime Minister holds real executive power, symbolizing the nation’s leadership. Their roles, though distinct, collectively uphold the principles of the Constitution.