Posted inPOLITY Union Executive

Union Executive

Union Executive

Chapter I of Part V of the Indian Constitution (Articles 52 to 78) deals with the Union Executive. Role of Union Executive is of immense Significance in the Indian Parliamentary system

Table of Contents

  1. The Union Executive
  2. The President
  3. Relation between President and Council of Ministers
  4. Vice President
  5. Prime Minister
  6. Council of Ministers
  7. Attorney General
  8. Conclusion

The Union Executive

  • The Union Executive consists of the President, along with Vice-President, Council of Ministers, and Attorney-General.
  • The President at the Union constitutes as the head of the state in whose name the executive powers are vested but who do not exercise them.
  • They constitute the nominal or titular executive (de jure head).
  • The Prime Minister and his council of ministers at the union level exercise all the power vested in the nominal executive. They constitute the real executive (de facto head).

he President

  • The President is the executive head of the Indian State. The Indian Constitution under Article 53, vests the executive power of the Union in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution.
  • He is the Supreme Commander of the Armed Forces.
  • He is the first citizen of India and occupies the first position under the warrant of precedence.
  • All the executive actions are taken in his name.

Relation Between President And Council Of Ministers

  • Before the 42nd Constitutional Amendment Act, 1976, there was no provision in the Constitution that made the advice of the Council of Ministers obligatory on the President.
  • It amended Article 74 and made the advice of the Council of Ministers constitutionally binding on the President.
  • The 44th Constitutional Amendment Act, 1978, further amended Article 74 by adding a proviso to it.
  • The President may require the Council of Ministers to reconsider such advice but the President is not bound to act in accordance with the advice tendered after such reconsideration.

Vice-president

  • There shall be a vice-President under Article 63.
  • He is the ex-officio Chairman of the Rajya Sabha/Council of State
  • Acts as President in the case of Death of the existing President, resignation, or his removal from office (Article 65)
  • Vice President may also discharge the duties of the President during his absence, illness or any other cause (Article 65)

Prime Minister

  • The Prime Minister is also the chief adviser to the President of India and head of the Council of Ministers.
  • He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha.
  • He can be a member of any of the two houses of Parliament but has to be the leader of the political party, having a majority in the Lok Sabha.
  • He coordinates all the policies of the government.
  • Article 75(1) of the Constitution says that “the Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.”
  • Article 78(a) casts on the Prime Minister a duty to keep the President informed of all the Cabinet decisions concerning the administration of the affairs of the Union and proposals for legislation and furnish all the information asked for by the President.

Council of Ministers

Council of Ministers

  • Article 74 of the Constitution provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with suchadvice.
  • The total number of Ministers, including the Prime Minister, in the Council of Ministers, shall not exceed 15% of the total number of members of the House of the People (added by 91st Constitutional Amendment Act, 2003).
  • The ministers hold office during the pleasure of the President.
  • The Council of Ministers is collectively responsible to the House of the People/Lok Sabha.
  • Before a minister takes over his office, the President administers to him the oath of office and secrecy according to the forms set out for the purpose in the Third Schedule.
  • The salaries and allowances of ministers are such as the Parliament may from time to time determined by the law and, until Parliament so determines, shall be as specified in the Second Schedule.

Term Of Office Of Council Of Ministers

  • Ministers are appointed by the President and remain at his pleasure. It only signifies something if they continue to have the support of the Lok Sabha’s majority. Any minister can be asked to resign by the Prime Minister at any moment, and the latter must obey.
  • The Prime Minister has the authority to suggest the dismissal of any minister to the President, and the President always follows his advice.
  • The maximum duration for which a minister can be in office is five years or one complete Lok Sabha term.

Qualification and Disqualification of Council of Ministers

  • Ministers must be a member of either House of Parliament.
  • If a person who is not a member of either House of the Parliament is appointed as a Minister, he shall cease to be a minister after six months unless in the meanwhile Minister has to get himself/herself elected to either House of Parliament within six months.
  • Also, if a member of Parliament has been disqualified on the ground of defection, he would not be eligible to become a Minister. But if he again gets elected in the next freshly held Parliamentary election then he will be eligible to become a minister.

Attorney General

  • The Attorney General is the highest law officer in the country.
  • Article 76 of the Constitution provides for the office of the Attorney General of India.
  • The Attorney General is appointed by the President on the advice of the government.
  • Attorney General can be removed by the President.

Duties and Functions

  • He has the right to participate in the proceedings of the House or Houses of the Parliament.
  • He has the right to an audience in any court in India.
  • He enjoys all legislative privileges which are available to members of the Parliament.
  • He performs such duties of legal matters as may be assigned to him by the President.

Conclusion

The executive is an important part of Indian Polity. During the time of emergency, the federal structure of the executive was converted into the unitary structure and all the power of the state executive was vested with the union executive.

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