Constitutional Framework and Form of the State
- Constitutional Domain: Articles 52 to 78 in Part V of the Indian Constitution deal specifically with the “Union Executive”.
- Nature of the Executive: The Constitution provides for a collegiate executive, namely the Council of Ministers under the leadership of the Prime Minister.
- Definition of Executive: It is defined as a body of persons having authority to initiate major policies, make decisions, and implement them based on the Constitution and the laws of the country.
- Republican vs. Monarchical/Presidential Structure:
- Unlike England, where a hereditary monarch (Queen or King) serves as head of State, India has an elected President as the head of State with a fixed tenure.
- Unlike the President of the USA, who wields de-facto (real, functional) executive powers, the President of India is not vested with direct executive responsibilities; direct executive responsibilities are assigned to the Council of Ministers led by the Prime Minister.
- Organs: The Union Government operates through two central organs: the Union Legislature (Union Parliament) and the Union Executive.
- Composition: The Union Executive consists of:
- The President of India
- The Vice-President of India
- The Council of Ministers and the Cabinet, headed by the Prime Minister
The President of India
- Constitutional Position:
- Article 52 provides that there shall be a President of India.
- Article 53 vests the executive power of the Union in the President, to be exercised by him directly or indirectly.
- The President is the Head of the Indian State, the First Citizen of India, and the symbol of unity, integrity, and solidarity of the nation.
- The President is the nominal (de jure or titular) executive, while the Prime Minister is the real (de facto) executive.
- The President is the supreme head of all constitutional wings of the State (Legislature, Executive, Judiciary, and Armed Forces), supervising functions and ensuring adherence to the Constitution.
- Qualifications for Election (Article 58):
- Must be a citizen of India.
- Must have completed the age of 35 years.
- Must be qualified for election as a member of the Lok Sabha.
- Must not hold any office of profit under the Government of India, the government of any state, or under any local or other authority subject to the control of the said governments.
- Nomination Requirements:
- Must be subscribed by at least 50 electors as proposers and 50 electors as seconders from the Electoral College.
- Requires a security deposit of Rs. 15,000 in the Reserve Bank of India, which is forfeited if the candidate fails to secure 1/6th of the votes polled.
- Electoral College Composition:
- The President is elected indirectly by an Electoral College consisting of:
- Elected members of both Houses of Parliament.
- Elected members of the Legislative Assemblies of the States.
- Elected members of the Legislative Assemblies of the Union Territories of Delhi and Pondicherry.
- The President is elected indirectly by an Electoral College consisting of:
- Election System & Electoral Quota:
- Election is conducted in accordance with proportional representation by means of a single transferable vote with voting by secret ballot.
- $\text{Electoral Quota} = \left(\frac{\text{Total number of valid votes polled in the election}}{\text{Number of electors to be elected} + 1}\right) + 1$.
- Voters indicate preferences (1, 2, 3, 4, etc.) on a single ballot paper.
- If a candidate does not obtain the quota in the first phase, ballots of the candidate with the lowest first-preference votes are cancelled and their second-preference votes transferred until a candidate reaches the required quota.
- Oath or Affirmation:
- The President swears to faithfully execute the office, preserve, protect, and defend the Constitution and the law, and devote himself to the service and well-being of the people of India.
- Administered by the Chief Justice of India, or in his absence, the senior-most judge of the Supreme Court.
- Entitlements and Immunities:
- Entitled to the rent-free official residence (Rashtrapati Bhavan, New Delhi) and emoluments, allowances, and privileges determined by Parliament.
- Enjoys personal immunity from legal liability for official acts and complete immunity from criminal proceedings during the term of office.
- Term, Resignation, and Removal:
- Holds office for a term of 5 years from the date of entering office (Article 56).
- Can resign at any time by addressing the resignation letter to the Vice-President.
- Can hold office beyond 5 years until a successor assumes charge, and is eligible for re-election.
- Impeachment (Article 61):
- Can be removed for violation of the Constitution through impeachment.
- Charges must originate in either House of Parliament via a resolution signed by at least 1/4th of the total members of the House, following a 14-day advance notice.
- Must be passed by a majority of not less than 2/3rds of the total membership of the originating House.
- The second House investigates the charge; if passed by that House by a 2/3rd majority of its total membership, the President stands removed from the date of passing.
- Vacancy and Succession:
- Vacancy arises from: expiry of the 5-year tenure, resignation, removal by impeachment, death, or disqualification/election declared void.
- Election to fill a vacancy due to death, resignation, or removal must be held within six months.
- The Vice-President acts as President until a new President is elected, or discharges functions during temporary absence or illness.
- If the office of the Vice-President is also vacant, the Chief Justice of India acts as President; if vacant too, the senior-most judge of the Supreme Court acts as President.
- Anyone acting as President enjoys all powers, immunities, emoluments, and allowances of the President.
- Powers and Functions of the President:
- Executive Powers:
- Runs all administration in his name, making rules for government business transactions and allocation of work among ministers.
- Appoints the Prime Minister, ministers, State Governors, Supreme Court and High Court judges, and members to constitutional bodies.
- Holds supreme command of the Defence Forces; declares war in his name.
- Maintains foreign relations; ambassadors and high commissioners act as his representatives.
- Receives information of all important Cabinet decisions and can refer any matter for Cabinet consideration.
- Approves rules/regulations for the working of the Supreme Court and other independent agencies.
- Sends instructions to state governments and invokes constitutional machinery under Article 356.
- Legislative Powers:
- Summons and prorogues Parliament and can dissolve the Lok Sabha.
- Convenes joint sessions of the Lok Sabha and Rajya Sabha to resolve deadlocks on non-money/non-amendment bills.
- Delivers inaugural addresses to Parliament at the start of the first session each year and sends messages.
- Nominates 12 members to the Rajya Sabha (literature, science, art, social service) and 2 Anglo-Indians to the Lok Sabha.
- Appoints a presiding officer pro tem in the Lok Sabha.
- Gives prior sanction for introducing specific bills and exercises veto power over non-money bills (absolute and suspensive vetoes).
- Promulgates ordinances (Article 123) when Parliament is not in session for up to six months.
- Causes presentation of reports of various commissions (like CAG audit reports) before Parliament.
- Exercises absolute veto power over State legislation in certain cases.
- Financial Powers:
- Prior recommendation required to introduce money bills in the Lok Sabha.
- Controls the Contingency Fund of India.
- Causes the annual financial statement (budget) to be presented to Parliament.
- Appoints the Finance Commission every five years (Article 280).
- Determines grants-in-aid in lieu of jute export duty to Assam, Bihar, Odisha, and West Bengal, and allocates shares of income tax proceeds to States.
- Judicial Powers:
- Grants pardons, reprieves, respites, remissions, or suspends/commutes sentences via the prerogative of mercy (Article 72).
- Appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
- Can consult the Supreme Court on questions of law or fact under advisory jurisdiction (Article 143), though the advice is non-binding.
- Emergency Powers (Part XVIII):
- National Emergency (Article 352): Proclaimed on grounds of war, external aggression, or armed rebellion.
- President’s Rule / State Emergency (Articles 356 and 365): Imposed when the constitutional machinery of a state breaks down or when a state fails to comply with union directions.
- Financial Emergency (Article 360): Declared if the financial stability or credit of India is threatened.
- Miscellaneous Powers:
- Determines the strength of High Court judges.
- Makes rules for the composition and working of the Union Public Service Commission.
- Establishes the Official Languages Commission.
- Issues special regulations for Jammu and Kashmir and special rules/administration for Scheduled and Tribal Areas and Union Territories.
- Allows extension, modification, or abrogation of law for ports and aerodromes.
- Executive Powers:
The Vice-President of India
- Constitutional Basis: Patterned on the Constitution of the USA, provided under Article 63, occupying the second highest office in the country.
- Election: Elected by the members of both Houses of Parliament through secret ballot based on proportional representation by means of a single transferable vote.
- Qualifications:
- Must be an Indian citizen.
- Must have completed 35 years of age.
- Must be eligible for election as a member of the Rajya Sabha.
- Must not hold any office of profit.
- Term and Removal:
- Term of office is 5 years.
- Can resign voluntarily before completion of term by addressing a resignation letter to the President.
- Can be removed by a resolution initiated exclusively in the Rajya Sabha passed by an absolute/special majority and agreed to by the Lok Sabha by a simple majority, requiring 14 days’ advance notice.
- Functions and Duties:
- Acts as the ex-officio Chairman of the Rajya Sabha (Article 64), presiding over meetings and exercising powers similar to the Speaker of the Lok Sabha.
- Draws salary as Chairman of the Rajya Sabha; the office of Vice-President itself carries no salary.
- Acts as President during vacancies caused by death, resignation, removal, or illness for a period not exceeding six months, during which he receives presidential salary, allowances, and emoluments, and does not perform the duties of the Rajya Sabha Chairman.
- Constitutional Articles: Articles 63 to 70 deal specifically with the Vice-President.
The Prime Minister
- Role and Position:
- Head of the Government, while the President is Head of the State.
- Described by Lord Morley as “primus inter pares” (first among equals) and the “key stone of the Cabinet arch”.
- Political head of the politico-administrative realm.
- Appointment (Article 75):
- Appointed by the President; there is no direct election for the post.
- The President must appoint the leader of the majority party or coalition commanding a majority in the Lok Sabha.
- In a hung Parliament, the President exercises discretion to appoint the individual most likely to secure majority support.
- Can belong to either House of Parliament, but is responsible strictly to the Lok Sabha.
- Holds no fixed tenure; remains in power as long as he enjoys the majority confidence of the Lok Sabha.
- Functions and Pre-eminence:
- Prepares the list of ministers for appointment by the President.
- Advises the President on portfolio allocation and reshuffles.
- Can bifurcate, trifurcate, or amalgamate government departments.
- Exercises discretionary power to designate a Deputy Prime Minister.
- Summons and presides over Cabinet meetings as its Chairman.
- Serves as Chairman of bodies such as the Inter-State Council, Nuclear Command Authority, and NITI Aayog.
- Coordinates policy and exercises supervision over all departments.
- Serves as the sole channel of communication between the President and the Ministers, and between the Parliament and the Ministers (Article 78).
- Serves as the chief spokesperson of the government in foreign affairs.
- His death or resignation automatically causes the dissolution/collapse of the entire Council of Ministers.
Prime Minister’s Office (PMO)
- Status and History:
- An extra-constitutional body with the status of a department of the Government of India, created to provide secretarial assistance and advice.
- Established in 1947 as the Prime Minister’s Secretariat (PMS); renamed Prime Minister’s Office in 1977 under the Morarji Desai ministry.
- Leadership: Headed politically by the Prime Minister and administratively by the Principal Secretary.
- Key Functions:
- Assists the Prime Minister in maintaining communications with central ministries, departments, and state governments.
- Assists in responsibilities as Chairman of NITI Aayog and the National Development Council.
- Manages the Prime Minister’s public relations (press and general public).
- Houses an anti-corruption unit and public grievance wing.
- Handles references coming under the Rules of Business and examines cases submitted for orders.
- Maintains relations with the President, Governors, and foreign representatives.
- Acts as the Prime Minister’s “think-tank”, dealing with subjects not allocated to any specific ministry.
- Exclusion: Does not handle union Cabinet affairs (Cabinet cases are handled by the Cabinet Secretariat).
Central Council of Ministers
- Constitutional Mandate (Article 74 & 75):
- Article 74 mandates a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice.
- Article 75 specifies that the Prime Minister is appointed by the President, and other ministers are appointed by the President on the advice of the Prime Minister.
- Ministers hold office during the pleasure of the President (in practice, during the pleasure of the Prime Minister).
- Categories of Ministers:
- Cabinet Ministers: Prominent ministers who form the Cabinet, hold crucial portfolios, and participate directly in major policy decision-making.
- Ministers of State: Second-tier ministers entrusted with administrative responsibilities (may occasionally hold independent charge).
- Deputy Ministers: Third-tier ministers holding administrative duties.
- Collective and Individual Responsibility:
- Ministers are collectively and individually responsible to the Lok Sabha.
- Collective Responsibility: The entire Council of Ministers is jointly responsible for government actions; all ministers must maintain unanimity and speak with one voice in public. A defeat in the Lok Sabha on a no-confidence motion forces the entire ministry to resign.
- Double Membership: Ministers are members of both the executive and the legislature.
- Special Concepts:
- Kitchen Cabinet: An informal, smaller inner circle within the Cabinet used by Prime Ministers to maintain secrecy and expedite decisions on critical issues.
- Shadow Cabinet: A British practice where the opposition appoints members portfolio-wise to scrutinize policies, keeping the opposition informed and the government on alert.
The Union Cabinet and Cabinet Secretariat
- The Union Cabinet:
- The nucleus and inner decision-making body of the Council of Ministers.
- Highest decision-making and policy-formulating body in the politico-administrative system.
- Directs major legislative, financial, and foreign policies; controls top constitutional and administrative appointments; resolves inter-departmental disputes; recommends ordinances and declarations of emergency.
- Cabinet Secretary:
- Highest-ranking civil servant in the official ladder, heading the Cabinet Secretariat.
- Created in 1950, with N.R. Pillai serving as the first Cabinet Secretary.
- Ex-officio Chairman of the Civil Services Board and Chairman of the Senior Selection Board (which selects Joint Secretaries for the Central Secretariat).
- Presides over the annual Conference of Chief Secretaries.
- Serves as Chief Advisor to the Prime Minister on administration and policy, linking the PMO, administrative agencies, civil services, and the political executive.
- Cabinet Secretariat (Functions and Wings):
- Operates directly under the Prime Minister, administering the Government of India (Allocation of Business) Rules, 1961 and Rules of Business.
- Provides secretarial assistance to the Cabinet and Cabinet Committees (convening meetings, circulating agendas/papers, recording discussions, monitoring decisions, keeping records).
- Handles inter-ministerial coordination, resolves differences between ministries, and manages crisis situations.
- Divided into three wings:
- Civil Wing: Main wing assisting the Union Cabinet.
- Military Wing: Provides secretarial assistance to defence and military committees of the Cabinet.
- Intelligence Wing: Handles matters concerning the Joint Intelligence Committee.
- Oversees organizations including RAW, Special Protection Group (SPG), Directorate General of Security, Joint Intelligence Group, DG Public Grievances (1988), and the National Authority for the Chemical Weapons Convention.
- Administratively houses the Office of the Principal Scientific Adviser (O/o PSA, placed under it in August 2018).
Central Secretariat and Administrative Organization
- Constitutional Rule-Making (Article 77): Authorizes the President to make rules for the convenient transaction and allocation of Government of India business.
- Functions of Central Secretariat: Acts as the central policy-making agency (not an executive agency) responsible for assisting ministers in policy and parliamentary responsibilities, framing legislation and procedure rules, sectoral planning, budgeting, expenditure control, inter-departmental coordination, and liaising with State administrations.
- Structural Hierarchy of a Ministry:
- Political Tier: Cabinet Minister assisted by Ministers of State and Deputy Ministers.
- Secretariat Organization: Headed by a Secretary (career civil servant), assisted by Joint Secretaries, Deputy Secretaries, and Undersecretaries.
- Executive Organization: Executive departments under Directors, Directors-General, Commissioners, or Inspectors-General.
- Internal Subdivisions:
- Department (headed by Secretary)
- Wing (headed by Additional/Joint Secretary)
- Division (headed by Deputy Secretary)
- Branch (headed by Under Secretary)
- Section (headed by Section Officer; lowest and smallest organizational unit)
