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Chapter 4
EXECUTIVE
ORGANS OF GOVERNMENT
Executive?????
What is it ?
Executive is the branch of
government responsible for the
implementation of laws and
policies adopted by the legislature.
Executive-gives effect to
the laws made by the
parliament
Forms of
Executive
Permanent
executive
Civil servants who
are responsible for
day to day
administration.
Political
executive
Presidents, Prime
Ministers And
Ministers who are
responsible with
framing of policy.
PARLIAMENTARY EXECUTIVE IN INDIA- Why?
• To ensure that the government would be sensitive to public
expectations and would be responsible and accountable.
• A government that would have a strong executive branch, but at
the same time, enough safeguards to check against the
personality cult and autocracy.
• The parliamentary form provides many mechanisms that ensure
that the executive will be answerable to and controlled by the
legislature or people’s representatives.
PARLIAMENTARY EXECUTIVE IN INDIA
• Article 74 (1): 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 such
advice.
• Provided that the President may require the Council of Ministers to
reconsider such advice….., and the President shall act in
accordance with the advice tendered after such reconsideration.
Main
components
of Executive
President
Bureaucracy
Vice
President
Prime minister
and council of
ministers
ELECTORAL COLLEGE
Elected Members of
both the Houses of
Parliament
Except Nominated
members and
members of
Legislative
councils
Elected Members of
Legislative Assemblies of
the States
PRESIDENT – ELECTIONS-INDIRECT ELECTIONS
PRESIDENT – FORMAL HEAD OF STATE
ELECTION
The President shall not be a
member of either of the
houses of the Parliament.
If an MP becomes President ,
he is deemed to have
vacated his MP seat and
the seat becomes vacant
on the day he enters office
as President.
The emoluments and the
allowances of the President
as decided by the
Parliament and can not be
decreased during his term
of office.
TERM OF OFFICE
Art.56: 5 years from the date he
enters office.
President, is eligible to be re-
elected any number of times
under the constitution.
He can resign at any time by
addressing the resignation
letter to the Vice President.
Qualifications
Art. 58: Any person who :
(i) is a citizen of India,
(ii) has completed the age of 35 years,
(iii) is qualified for election as a member of
Lok- Sabha,
(iv) does not hold office of profit under
Government of India or Government of
any State or under any local authority ,
can contest election for the office of
the President of India.
(v) However, President, Vice President , the
Governor of any State or a Cabinet
Minister , whether at the Centre or the
State, is not debarred from contesting
the election for the office of the
President.
Art.61: Procedure for his Removal
(Impeachment)
• He can be removed at any time from his office through the process of impeachment for
violation of the Constitution.
• For this purpose a charge must be leveled in either House of the Parliament .
• It must be in the form of a resolution signed by at least one fourth of the total number of
members of that House and moved only after giving a clear notice of fourteen days .
• If the resolution is passed by a majority of not less than two-thirds of the total
membership of that House, the matter goes to the other House that investigates it.
• The President shall have the right to appear or to be represented at such an investigation
• If, as a result of such investigation, a resolution is passed by a majority of not less than
two-thirds of the total membership of the other House (which investigated the charges),
stating that the charge has been sustained , then the President stands removed from his
office from the date on which such a resolution has been passed.
POWERS OF
PRESIDENT
Formal and
Nominal head of state.
All executive actions
are taken in the name
of President
Executive Powers
Appoints PM, Council of
Ministers Judges of
Supreme Court and High
Court, Chief of Army,
Navy, Air Force and
Various high officials
Emergency Power
Can declare emergency in
case of
Outside attack, financial
crisis, internal revolt
Judicial Powers
President can reduce,
cancel, change (death
sentence) sentence ordered
by court
Legislative Powers
He is an integral part of the
Parliament. a. Summon or Prorogue b.
Address c. Appointment d. Nomination
e. Decision on disqualification f. Prior
consent for imp bills
g. Bill cannot become Law without
President’s assent
Military Powers
Supreme commander
of the Defence Forces.
Power to declare War
or Peace
Discretionary Powers
1. President can send back the advice given by the Council of Ministers and ask the
Council to reconsider the decision. In doing this, the President acts on his (or her)
own discretion. When the President thinks that the advice has certain flaws or legal
lacunae, or that it is not in the best interests of the country, the President can ask
the Council to reconsider the decision.
2. The President also has veto power by which he can withhold or refuse to give
assent to Bills (other than Money Bill) passed by the Parliament. Every bill passed
by the Parliament goes to the President for his assent before it becomes a law. The
President can send the bill back to the Parliament asking it to reconsider the bill.
This ‘veto’ power is limited because, if the Parliament passes the same bill again
and sends it back to the President, then, the President has to give assent to that
bill.
3. Formally, the President appoints the Prime Minister. Normally, in the parliamentary
system, a leader who has the support of the majority in the Lok Sabha would be
appointed as Prime Minister. In case of a deadlock or confusion the President has to
decide whom to appoint as the Prime Minister
JAWAHARLAL NEHRU
QUALIFICATIONS
Any person who :
--is a citizen of India,
--has completed the age of 35 years,
--is qualified for election as a member of
Rajya- Sabha,
--does not hold office of profit
ELECTIONS
1.The Vice-President is elected indirectly.
2. He is elected by the members of an
electoral college consisting of the members of
both Houses of Parliament in accordance with
the system of proportional representation by
means of the single transferable vote.
3. The Vice-President shall not be a member
of either House of Parliament.
.
FUNCTIONS
1. He is the ex-officio Chairman of Rajya Sabha.
2. He presides over the sessions of the Rajya Sabha and
has the right of casting vote in the case of an equality of
votes.
3. The Vice-President shall act as President in the
absence of the President by reason of his illness,
resignation or death until a new President is elected and
enters upon his office.
TENURE
1. Holds office for a term of five years from the date on which he
enters upon his office.
2. He may be writing under his hand and addressed to the
President resign his office.
3. The Vice-President can be removed from his office by a
resolution of Council of States passed by a majority of all the
then members of the Council of States and agreed to by the
House of the People.
4. The Vice-President can be re-elected.
VICE PRESIDENT
PRIME MINISTER AND COUNCIL OF MINISTERS
• India has adopted a cabinet system of government.
• The real executive authority of the Union is exercised by the
Prime Minister and his Council of Ministers.
• Article 74 of the Constitution lays down that there shall be a
Council of Ministers with the Prime Minister at the head to advice
the President who shall in the exercise of his functions act in
accordance with such advice.
PRIME MINISTER – REAL HEAD OF STATE
ELECTIONS
• Direct Elections
• Voted to
majority by the
Citizens via
Universal Adult
Franchise
• FPTP System of
Elections
TERM OF OFFICE
• The Prime Minister
theoretically holds office
during the pleasure of the
President.
• Actually the Prime Minister
stays in office as long as he
enjoys the confidence of the
Parliament .
• The normal term is five
years but it is automatically
reduced if the house is
dissolved earlier.
Qualifications
• Any person who :
(i) Must be a citizen of India
(ii) Must be member of either house of
parliament, If he is not , he must
become within six month of his
appointment
(iii) Leader of the majority party or one
who enjoys the majority support in
the Lok Sabha
(iv) Shall be appointed by the President
in accordance with the well-
established parliamentary practice of
inviting the leaders of the majority
party in Lok Sabha
(v) President has discretionary power
when no party or coalition commands
majority in the Lok Sabha to appoint
PM
APPOINTMENT
FUNCTIONS
OF PRIME
MINISTER
REAL HEAD OF UNION
EXECUTIVE
HEADS COUNCIL OF
MINISTER
PRESIDES OVER MEETINGS
COORDINATES THEIR
WORK
COMMUNICATES
EXECUTIVE DECISIONS
TO PRESIDENT
PRESIDENT ACT ON
ADVICE OF THE PM
POWER OF PRIME MINISTER
LEGISLATIVE POWER
Leader of the Lok Sabha
Fixes the Programme of the Parliament
Makes Important Policy Statements in the Parliament
Defends the Policies of the Government in the Parliament
Director of Foreign Policy
Director of Indian Economy
Recommends Dissolution of the Lok Sabha
EXECUTIVE POWER
Formation of Council of Ministers: appoints, removes and distributes portfolios to
Ministers
Presides the Meetings of the Cabinet
Leader of the Council of Ministers
Prepares the list for various important appointments such as those of governors,
judges of Supreme and High Court, members of UPSC, Election Commission,
ambassadors and high Commissioners. These appointments are however made by
the President
A minister must be a member of either House of Parliament.
If a person who is not a member of either House of Parliament is
appointed a minister, he shall cease to be a minister after six months,
unless in the meanwhile he manages to get elected to either of the two
Houses.
Ministers may be chosen from members of either House and a Minister
who is a member of one House , has right to speak in and to take part in
the proceedings of the other House though he has no right to vote in the
House of which he is not member.
COUNCIL OF MINISTERS
COUNCIL OF MINISTER
WORKS THROUGH
VARIOUS DEPARTMENT
DEFENCE, INDUSTRY,
AGRICULTURE, ETC
EACH DEPARTMENT IS
KNOWN AS PORTFOLIO
DEPUTY MINISTERS- HELP
CABINET MINSTERS AND
MINISTERS OF STATE
POWERS OF COUNCIL OF MINISTERS
• EXECUTIVE POWER
• The Ministry exercises all the executive powers
• All the departments of Government are under the control of the
Ministers and it is their responsibility to run the administration smoothly
• The council of Ministers lays down the policy of the government and in
light of that department work is carried out
• The Council of ministers executes the decision taken by the Cabinet
.They maintain order and peace in the states
• All the big and important appointments are made on the advice of the
Council of Ministers
COLLECTIVE
RESPONSIBILITY
• ALL MEMBERS OF COUNCIL
WORK AS TEAM.
• JOINTLY RESPONSIBLE TO
THE PARLIAMENT FOR ANY
DECISION TAKEN BY
COUNCIL.
• NO CONFIDENCE MOTION-
EVERYONE HAS TO RESIGN
FROM COUNCIL.
• SAIL AND SINK TOGETHER
Forms of
Executive
Permanent
executive
Civil servants who
are responsible for
day to day
administration
Political
executive
Presidents, Prime
Ministers And
Ministers who are
responsible with
framing of policy.
Bureaucracy
• Refers to the career bureaucrats who are the permanent executive branch of
the Republic of India.
• The civil service system is the backbone of the administrative machinery of the
country. Responsible for day to day administration
• A system of administration distinguished by its:
• ▫ clear hierarchy of authority
• ▫ rigid division of labor
• ▫ written and inflexible rules, regulations, and procedures
• ▫ Once instituted, bureaucracies are difficult to dislodge or change.
• They work for their political masters: the ministers lay down the policy and it is
for the civil servants, who serve at the pleasure of the President of India, to
carry it out. However, Article 311 of the constitution protects them from
politically motivated or vindictive action.
The Civil Services was introduced by Shri. Sardar Vallabhai Patel
He is considered as “Father Of Indian Civil Services”.
In India the educational qualification required for a civil servant is a
“Graduate Degree”.
Some civil services are:
I.F.S: Indian Foreign Service
I.A.S: Indian Administrative Service
I.P.S: Indian Police Service I.E.S: Indian Engineering Service
I.F.S: Indian Forest Service
Selection procedure:
RECRUITED BY UPSC in3 phases :
11 political science  executive

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11 political science executive

  • 4. Executive is the branch of government responsible for the implementation of laws and policies adopted by the legislature. Executive-gives effect to the laws made by the parliament
  • 5. Forms of Executive Permanent executive Civil servants who are responsible for day to day administration. Political executive Presidents, Prime Ministers And Ministers who are responsible with framing of policy.
  • 6.
  • 7.
  • 8. PARLIAMENTARY EXECUTIVE IN INDIA- Why? • To ensure that the government would be sensitive to public expectations and would be responsible and accountable. • A government that would have a strong executive branch, but at the same time, enough safeguards to check against the personality cult and autocracy. • The parliamentary form provides many mechanisms that ensure that the executive will be answerable to and controlled by the legislature or people’s representatives.
  • 9. PARLIAMENTARY EXECUTIVE IN INDIA • Article 74 (1): 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 such advice. • Provided that the President may require the Council of Ministers to reconsider such advice….., and the President shall act in accordance with the advice tendered after such reconsideration.
  • 11.
  • 12. ELECTORAL COLLEGE Elected Members of both the Houses of Parliament Except Nominated members and members of Legislative councils Elected Members of Legislative Assemblies of the States PRESIDENT – ELECTIONS-INDIRECT ELECTIONS
  • 13. PRESIDENT – FORMAL HEAD OF STATE ELECTION The President shall not be a member of either of the houses of the Parliament. If an MP becomes President , he is deemed to have vacated his MP seat and the seat becomes vacant on the day he enters office as President. The emoluments and the allowances of the President as decided by the Parliament and can not be decreased during his term of office. TERM OF OFFICE Art.56: 5 years from the date he enters office. President, is eligible to be re- elected any number of times under the constitution. He can resign at any time by addressing the resignation letter to the Vice President. Qualifications Art. 58: Any person who : (i) is a citizen of India, (ii) has completed the age of 35 years, (iii) is qualified for election as a member of Lok- Sabha, (iv) does not hold office of profit under Government of India or Government of any State or under any local authority , can contest election for the office of the President of India. (v) However, President, Vice President , the Governor of any State or a Cabinet Minister , whether at the Centre or the State, is not debarred from contesting the election for the office of the President.
  • 14. Art.61: Procedure for his Removal (Impeachment) • He can be removed at any time from his office through the process of impeachment for violation of the Constitution. • For this purpose a charge must be leveled in either House of the Parliament . • It must be in the form of a resolution signed by at least one fourth of the total number of members of that House and moved only after giving a clear notice of fourteen days . • If the resolution is passed by a majority of not less than two-thirds of the total membership of that House, the matter goes to the other House that investigates it. • The President shall have the right to appear or to be represented at such an investigation • If, as a result of such investigation, a resolution is passed by a majority of not less than two-thirds of the total membership of the other House (which investigated the charges), stating that the charge has been sustained , then the President stands removed from his office from the date on which such a resolution has been passed.
  • 15. POWERS OF PRESIDENT Formal and Nominal head of state. All executive actions are taken in the name of President Executive Powers Appoints PM, Council of Ministers Judges of Supreme Court and High Court, Chief of Army, Navy, Air Force and Various high officials Emergency Power Can declare emergency in case of Outside attack, financial crisis, internal revolt Judicial Powers President can reduce, cancel, change (death sentence) sentence ordered by court Legislative Powers He is an integral part of the Parliament. a. Summon or Prorogue b. Address c. Appointment d. Nomination e. Decision on disqualification f. Prior consent for imp bills g. Bill cannot become Law without President’s assent Military Powers Supreme commander of the Defence Forces. Power to declare War or Peace
  • 16. Discretionary Powers 1. President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision. In doing this, the President acts on his (or her) own discretion. When the President thinks that the advice has certain flaws or legal lacunae, or that it is not in the best interests of the country, the President can ask the Council to reconsider the decision. 2. The President also has veto power by which he can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament. Every bill passed by the Parliament goes to the President for his assent before it becomes a law. The President can send the bill back to the Parliament asking it to reconsider the bill. This ‘veto’ power is limited because, if the Parliament passes the same bill again and sends it back to the President, then, the President has to give assent to that bill. 3. Formally, the President appoints the Prime Minister. Normally, in the parliamentary system, a leader who has the support of the majority in the Lok Sabha would be appointed as Prime Minister. In case of a deadlock or confusion the President has to decide whom to appoint as the Prime Minister
  • 18. QUALIFICATIONS Any person who : --is a citizen of India, --has completed the age of 35 years, --is qualified for election as a member of Rajya- Sabha, --does not hold office of profit ELECTIONS 1.The Vice-President is elected indirectly. 2. He is elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote. 3. The Vice-President shall not be a member of either House of Parliament. . FUNCTIONS 1. He is the ex-officio Chairman of Rajya Sabha. 2. He presides over the sessions of the Rajya Sabha and has the right of casting vote in the case of an equality of votes. 3. The Vice-President shall act as President in the absence of the President by reason of his illness, resignation or death until a new President is elected and enters upon his office. TENURE 1. Holds office for a term of five years from the date on which he enters upon his office. 2. He may be writing under his hand and addressed to the President resign his office. 3. The Vice-President can be removed from his office by a resolution of Council of States passed by a majority of all the then members of the Council of States and agreed to by the House of the People. 4. The Vice-President can be re-elected. VICE PRESIDENT
  • 19.
  • 20. PRIME MINISTER AND COUNCIL OF MINISTERS • India has adopted a cabinet system of government. • The real executive authority of the Union is exercised by the Prime Minister and his Council of Ministers. • Article 74 of the Constitution lays down that there shall be a Council of Ministers with the Prime Minister at the head to advice the President who shall in the exercise of his functions act in accordance with such advice.
  • 21. PRIME MINISTER – REAL HEAD OF STATE ELECTIONS • Direct Elections • Voted to majority by the Citizens via Universal Adult Franchise • FPTP System of Elections TERM OF OFFICE • The Prime Minister theoretically holds office during the pleasure of the President. • Actually the Prime Minister stays in office as long as he enjoys the confidence of the Parliament . • The normal term is five years but it is automatically reduced if the house is dissolved earlier. Qualifications • Any person who : (i) Must be a citizen of India (ii) Must be member of either house of parliament, If he is not , he must become within six month of his appointment (iii) Leader of the majority party or one who enjoys the majority support in the Lok Sabha (iv) Shall be appointed by the President in accordance with the well- established parliamentary practice of inviting the leaders of the majority party in Lok Sabha (v) President has discretionary power when no party or coalition commands majority in the Lok Sabha to appoint PM
  • 23. FUNCTIONS OF PRIME MINISTER REAL HEAD OF UNION EXECUTIVE HEADS COUNCIL OF MINISTER PRESIDES OVER MEETINGS COORDINATES THEIR WORK COMMUNICATES EXECUTIVE DECISIONS TO PRESIDENT PRESIDENT ACT ON ADVICE OF THE PM
  • 24. POWER OF PRIME MINISTER LEGISLATIVE POWER Leader of the Lok Sabha Fixes the Programme of the Parliament Makes Important Policy Statements in the Parliament Defends the Policies of the Government in the Parliament Director of Foreign Policy Director of Indian Economy Recommends Dissolution of the Lok Sabha EXECUTIVE POWER Formation of Council of Ministers: appoints, removes and distributes portfolios to Ministers Presides the Meetings of the Cabinet Leader of the Council of Ministers Prepares the list for various important appointments such as those of governors, judges of Supreme and High Court, members of UPSC, Election Commission, ambassadors and high Commissioners. These appointments are however made by the President
  • 25.
  • 26. A minister must be a member of either House of Parliament. If a person who is not a member of either House of Parliament is appointed a minister, he shall cease to be a minister after six months, unless in the meanwhile he manages to get elected to either of the two Houses. Ministers may be chosen from members of either House and a Minister who is a member of one House , has right to speak in and to take part in the proceedings of the other House though he has no right to vote in the House of which he is not member. COUNCIL OF MINISTERS
  • 27.
  • 29. WORKS THROUGH VARIOUS DEPARTMENT DEFENCE, INDUSTRY, AGRICULTURE, ETC EACH DEPARTMENT IS KNOWN AS PORTFOLIO DEPUTY MINISTERS- HELP CABINET MINSTERS AND MINISTERS OF STATE
  • 30. POWERS OF COUNCIL OF MINISTERS • EXECUTIVE POWER • The Ministry exercises all the executive powers • All the departments of Government are under the control of the Ministers and it is their responsibility to run the administration smoothly • The council of Ministers lays down the policy of the government and in light of that department work is carried out • The Council of ministers executes the decision taken by the Cabinet .They maintain order and peace in the states • All the big and important appointments are made on the advice of the Council of Ministers
  • 31. COLLECTIVE RESPONSIBILITY • ALL MEMBERS OF COUNCIL WORK AS TEAM. • JOINTLY RESPONSIBLE TO THE PARLIAMENT FOR ANY DECISION TAKEN BY COUNCIL. • NO CONFIDENCE MOTION- EVERYONE HAS TO RESIGN FROM COUNCIL. • SAIL AND SINK TOGETHER
  • 32. Forms of Executive Permanent executive Civil servants who are responsible for day to day administration Political executive Presidents, Prime Ministers And Ministers who are responsible with framing of policy.
  • 33. Bureaucracy • Refers to the career bureaucrats who are the permanent executive branch of the Republic of India. • The civil service system is the backbone of the administrative machinery of the country. Responsible for day to day administration • A system of administration distinguished by its: • ▫ clear hierarchy of authority • ▫ rigid division of labor • ▫ written and inflexible rules, regulations, and procedures • ▫ Once instituted, bureaucracies are difficult to dislodge or change. • They work for their political masters: the ministers lay down the policy and it is for the civil servants, who serve at the pleasure of the President of India, to carry it out. However, Article 311 of the constitution protects them from politically motivated or vindictive action.
  • 34. The Civil Services was introduced by Shri. Sardar Vallabhai Patel He is considered as “Father Of Indian Civil Services”. In India the educational qualification required for a civil servant is a “Graduate Degree”. Some civil services are: I.F.S: Indian Foreign Service I.A.S: Indian Administrative Service I.P.S: Indian Police Service I.E.S: Indian Engineering Service I.F.S: Indian Forest Service Selection procedure: RECRUITED BY UPSC in3 phases :