UNION EXECUTIVE

THE UNION EXECUTIVE

The legislative branch of the government makes the laws of the Country. The Executive branch of the government performs the task of enforcing these laws. Hence it needs a large workforce to carry out this work. The union executive consists of the President, the Vice President, The executive also takes the Help of other agencies such as the police force to ensure that citizens follow the law.

The council of Ministers is the most powerful unit of the executive. It is headed by the Prime Minister and consists of the Cabinet Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries.

The Cabinet Ministers from the inner core of the Council of Ministers. The Prime Minister allots a Particular department or
Portfolio to each Cabinet Minister.

After The General Elections, the President appoints the leader of the Majority party or coalition parties or single largest party in the Lok Sabha as the Prime Minister. The Prime Minister chooses his/her Council of Ministers and the Cabinet. The Prime Minister and the Council of Ministers are collectively Responsible to the Lok Sabha.

President
Vice President
Prime Minister
Council of Ministers

THE PRESIDENT

The President is thee head of the Government of India. But in a Parliamentary form of government, the actual power is vested in the Prime Minister and the Council of ministers. The USA, which has a presidential form of government, does not have a Prime Minister.

The President is paid a monthly salary. He/she is also entitled to the rent-free use of the official residence, the Rashtrapati Bhavan. After retirement, He/she receives a monthly pension.

To Quality for the post of the President, a candidate must:

Be a citizen of India.
Be at least 35 years of age.
Have all the qualifications necessary to be a member of the Lok Sabha.
Not hold an office of profit under the central, the state or the local government.
Not be members of the central or state legislature.

ELECTION AND TERMINATION

The President is elected indirectly by the elected members of the legislature as he/she is a nominal (de jure) and not the de facto head.An electoral college elects the President. The Electoral College consists of the following members.

The elected members of both Houses of Parliament.

The elected members of the State Legislative Assemblies.

The President is elected for a period of 5 years. He/she can be re-elected after his/her term. He/she can submit a resignation in writing, addressed to the Vice-President.

The President can be impeached by the Parliament. Impeachment is a procedure defined by the Constitution, by which the Parliament can remove a President if he/she is found guilty of violating the Constitution, of treason or of corruption.

Charges against the President can be initiated in either House.
The resolution to impeach the President has to be passed by a two third majority of that House.
The other House has to investigate the charges and ratify them by a two-third Majority.

POWERS

Executive Powers.

The President appoints the Prime Minister who is the leader of the majority party or coalition parties or single largest party in the Lok Sabha.The President appoints the Union Ministers on the advice of the Prime Minister. The president appoints the State Governors, the Attorney General, members of the Union public Service Commission and of the Chief Commissioners of the union territories. The President appoints the judges of the Supreme Court and High Courts and the Ambassadors to other countries.

Military Powers

The President is the Supreme Commander of the Defence Forces. He/she can declare war or conclude peace.
All important treaties and contracts are made in the President’s name.

LEGISLATIVE POWERS

The President can summon or prorogue the Parliament. He/she addresses the opening session of the Parliament every year.
The President’s address is a statement of the government’s policy.
The President can also dissolve the Lok Sabha and order fresh elections.
He/she can call a joint session of both Houses of Parliament if there is a deadlock regarding a Bill.
Each Bill passed by the Parliament has to receive the President’s assent in order to become a law. The President may send the Bill back to the Parliament if he/she does not approve,
But is it passed a second time, he/she is obliged to sign it and give his/her assent.
The President nominates 12 members is not in session, the President can issue ordinances (executive orders).
Ordinances are like laws and are valid for 6 weeks only after the Parliament meets again.

FINANCIAL POWERS

The budget is presented to the Parliament in the name of the President.

All money Bills are introduced in the Parliament with the President’s Permission.

The president can grant an advance from the Contingency Fund in case of an unforeseen expenditure.

JUDICIAL POWERS

The President has the power to grant pardon or reduce or suspend the sentence of a person who has been found guilty. He/she can also pardon a death sentence.

He/she is not answerable to any court of law for his/her actions, except, if he/she is impeached by the Parliament.

EMERGENCY POWERS

The president can declare an Emergency in the country under the following conditions:

Life the security of the country is threatened by external aggression or armed rebellion, National Emergency is declared.

If the administrative machinery of a state brake down, Presidential Rule is imposed in that state.

If the financial stability of the country is threatened, a Financial Emergency can be declared. However, the President cannot declare an Emergency without the approval of the Parliament. Hence, we see that though the President has a wide range of powers, they are all limited and exercised strictly according to the advice given by the Prime Minister and the Council Of Ministers.

Discretions Powers.

When no political party wins a clear majority in the Lok Sabha, and a coalition cannot be formed, the President can select a member of his/her choice as Prime Minister.

THE VICE- PRESIDENT.
The vice President takes over the duties of the President under the following conditions:

If the President is indisposed.
If the President resigns.
If the President goes abroad.
If the President dies suddenly.

The Qualification of the Vice-President are the same as those of the President, except that a Vice-President should be eligible for membership to the Rajya Sabha.The term of the Vice-President is 5 Years. It may end earlier if he resigns or is removed by a majority resolution of the Rajya Sabha, agreed upon by a majority in the Lok Sabha.

FUNCTIONS OF THE VICE PRESIDENT.

The Vice-President is the Chairperson of the Rajya Sabha.
He/she takes over the functions of the President in his absence. In case of a vacancy in the office of President,
the Vice-President discharges his/her functions till a new President is elected.

THE PRIME MINISTER.

The Prime Minister is the head of the Council of Ministers, which is the most powerful political institution in India.
The President of India is bound to act in accordance with the advice of the Prime-Minister and the Council of Ministers.

COUNCIL OF MINISTERS
The general Elections to the Lok Sabha take place once every 5 years. After the elections, the President appoints the Prime Minister.Who is generally the leader of the majority party in the Lok Sabha. The Prime minister then selects a number of ministers according to his/her Preference and submits a list to the President. When the President approves and appoints the ministers on the list, the council of Ministers is Formed. If there is no parliament, then two or more parties usually agree to work together and form the government. This is known as a Coalition government. All Ministers of the Council have to be members of the either House within 6 months of the date of appointment. The Prime Minister allots each minister in the Council a separate department or portfolio to handle. This is called allotment of portfolios hence; we have a Minister of Communication, Agriculture, Foreign affairs, etc. There are three ranks of ministers in the Council of Ministers 1) Cabinet Ministers 2) Ministers of State and 3) Deputy Ministers.

THE CABINET

The cabinet is the inner core of the Council of Ministers. The Cabinet Ministers hold the most important portfolios and make the most important decisions and policies. The cabinet holds the highest ranks and has the greatest responsibility. The cabinet holds the real executive power of the Indian government and is collectively Responsible to the Lok Sabha.

The Cabinet can remain in office as long ad it enjoys the confidence of a majority in the Lok Sabha. If a vote of no-confidence is passed against any one Cabinet of Ministers Has to resign immediately. The entire Council has to answer for the shortcomings or failure on the part of any one Minister.

POSITION AND FUNCTIONS OF THE PRIME MINISTER

The Parliamentary system of government makes the Prime Minister who actually exercises all the powers vested in the president (except for discretionary powers). This is because of the following reasons:

The prime Minister is the elected head of the country.

The Prime Minister is the leader Of the majority party or the largest coalition in the Parliament whose members are directly
Elected by the people by adult franchise and secret ballot.

The Prime Minister is the link between the President, the people and the Parliament.
The Prime Minister advises the President in the discharge of his/her functions and informs him/her about the decisions
Taken by the cabinet. The advice of the Prime Minister is binding on the President.
The Prime Minister selects the Ministers of the council.
He/she distributes portfolios among the ministers and presides over Cabinet meetings.
He/she decides the order of the business ot be carried out.
He/she coordinates the working of the different departments and is the vital link between the President and the Cabinet.
He/she can expand the resignation of any minister.

Thus, we see that the Prime Minister is the real head of the nation. He/she has to answer for the success or failure of the government The Prime Minister is regarded as the national leader of India. On Independence Day, the Prime Minister addresses the nation from the Red Fort in Delhi.

CIVIL SERVANTS.

Civil servants are government employees who do not belong to any political party. They can be appointed in the Indian Administrative Service (IAS) Indian Foreign Service (IFS), Indian Police Service (IPS), etc.. The civil servants are employed on the basis of the Union Public Service Commission (UPSC) And interviews. Selected candidates are trained and can work at both Central and State levels. (Kiran Bedi was the First Women IPS officer).

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