The Executive | ISC Class 12 Political Science Notes
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This note covers the meaning of the executive, the difference between the political executive and the permanent executive, the legislative, executive, emergency and discretionary powers of the Indian President, the powers and position of the Indian Prime Minister in relation to the Cabinet and Parliament, the executive and legislative powers of the President of the USA, and a comparison of the Indian and US executives on method of election, type of executive, relation with legislature, relation with cabinet and role in financial matters.
What is meant by the executive?
The executive is the organ of government responsible for implementing the laws and policies adopted by the legislature. It is often involved in framing policy as well.
In any organisation some body takes the big policy decisions while another body carries out those decisions in day-to-day functioning; in government, this body of implementation and administration is called the executive.
The official designations of the executive vary from country to country: some have presidents, others have chancellors or prime ministers.
Definition: Executive. The branch of government responsible for the implementation of laws and policies adopted by the legislature, and often also involved in framing policy.
The executive is not just presidents, prime ministers and ministers. It also extends to the administrative machinery, that is, the civil servants who carry out the routine work of government.
This gives rise to the distinction between those who decide policy and those who implement it, which is discussed in the next section.
How does the political executive differ from the permanent executive?
The heads of government and their ministers, who carry the overall responsibility of government policy, are together known as the political executive. Those responsible for day-to-day administration are called the permanent executive, or the bureaucracy.
In India, the political executive consists of the President, the Prime Minister and the Council of Ministers at the national level, and the Governor, the Chief Minister and the Council of Ministers at the State level.
The permanent executive consists of trained and skilled officers who work as permanent employees of the government, assisting the ministers in formulating and implementing policies.
The political executive changes with elections: a party or coalition that loses a general election loses office.
The permanent executive, by contrast, continues in service regardless of which party is in power, and is expected to be politically neutral, meaning it does not take a political position on policy matters.
Whichever government is elected, it is the responsibility of the bureaucracy to faithfully and efficiently participate in drafting and implementing that government's policy.
| Basis | Political executive | Permanent executive |
|---|---|---|
| Who it consists of | President/Governor, Prime Minister/Chief Minister, Council of Ministers | Civil servants of the All-India services, State services and local government staff |
| How members join | Elected or appointed on the basis of political support | Selected by the Public Service Commission on the basis of merit |
| Tenure | Depends on retaining the support of the legislature | Fixed, permanent service subject to service rules |
| Political character | Takes policy decisions, is politically committed | Expected to remain politically neutral |
| Accountability | Collectively responsible to the Lok Sabha/Assembly | Accountable to the ministers who supervise it |
What are the legislative, executive and emergency powers of the Indian President?
The Constitution of India vests the executive power of the Union formally in the President. In reality, the President exercises these powers through the Council of Ministers headed by the Prime Minister.
The President is elected indirectly, not by ordinary citizens but by the elected MLAs and MPs, in accordance with the principle of proportional representation with the single transferable vote, for a period of five years.
The President can be removed only by Parliament through the procedure of impeachment, which requires a special majority, and the only ground for impeachment is violation of the Constitution.
Note: 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." The word "shall" indicates that this advice is binding on the President.
In its formal sense, the President has wide-ranging executive, legislative, judicial and emergency powers. In a parliamentary system, these powers are in reality used by the President only on the advice of the Council of Ministers, which has the support of the majority in the Lok Sabha and is the real executive.
In most cases, the President has to follow the advice of the Council of Ministers.
A specific amendment made the advice of the Council of Ministers binding on the President; a later amendment allowed the President to ask the Council to reconsider its advice, but the President must then accept the reconsidered advice.
As Jawaharlal Nehru put it in the Constituent Assembly, "We did not give him any real power but we have made his position one of authority and dignity.
The constitution wants to create neither a real executive nor a mere figurehead, but a head that neither reigns nor governs; it wants to create a great figurehead..."
What are the President's executive powers?
The President is the formal head of the Union executive. All executive action of the Government of India is taken in the name of the President, and the President appoints the Prime Minister and, on the Prime Minister's advice, the other members of the Council of Ministers.
The President also appoints the Governors of States, the judges of the Supreme Court and the High Courts, the Attorney General, and the members of the Public Service Commissions and other high officials.
As the formal head of the State, the President is the supreme commander of the armed forces, and the administration of the Union is carried on in the President's name by the Council of Ministers and the civil services.
All these powers are exercised on ministerial advice, so the President's executive role is formal rather than personal.
What are the President's legislative powers?
The President is an integral part of Parliament, which consists of the President and the two Houses. The President summons and prorogues the sessions of Parliament and may dissolve the Lok Sabha.
At the opening of the first session after each general election, and at the start of the first session each year, the President addresses both Houses assembled together.
The President nominates twelve members to the Rajya Sabha from among persons distinguished in literature, science, art and social service. The power to nominate two Anglo-Indian members to the Lok Sabha lapsed in January 2020 under the 104th Amendment, so the Lok Sabha now has no nominated members.
Every bill passed by Parliament needs the President's assent before it becomes law.
When both Houses are not in session, the President may issue ordinances, which have the force of law, but an ordinance must be laid before Parliament within six weeks of its reassembly and ceases to operate if Parliament does not approve it.
What are the President's emergency powers?
The Constitution gives the President three kinds of emergency powers, all exercised on the advice of the Council of Ministers.
- National emergency. Proclaimed under Article 352 when the security of India or any part of it is threatened by war, external aggression or armed rebellion. During such an emergency the federal structure becomes effectively unitary, Parliament may legislate on State List subjects, and the Fundamental Rights of citizens may be suspended, except the rights under Articles 20 and 21 (protection in respect of conviction for offences, and the right to life and personal liberty).
- State emergency or President's rule. Proclaimed under Article 356 when the constitutional machinery in a State has broken down. The President then assumes the functions of the State government, and Parliament exercises the powers of the State legislature.
- Financial emergency. Proclaimed under Article 360 when the financial stability or credit of India is threatened. The President may direct States to observe canons of financial propriety, and all Money Bills passed by a State legislature may be reserved for the President's consideration.
A national or financial emergency must be approved by both Houses of Parliament within one month, and President's rule within two months; a national emergency, once approved, remains in force for six months at a time unless revoked earlier.
The President's veto on bills
Every bill passed by Parliament goes to the President for assent before it becomes law. On ordinary bills (other than a Money Bill), the President may withhold assent and send the bill back asking Parliament to reconsider it.
This is a limited veto, because if Parliament passes the same bill again and sends it back, the President has to give assent.
However, the Constitution sets no time limit within which the President must send the bill back, so the President can keep a bill pending indefinitely: this informal power is called the pocket veto.
- Parliament passes a bill and sends it to the President for assent.
- The President may give assent, or (for a non-Money Bill) withhold assent and return it for reconsideration.
- If the President simply does not act on the bill, there is no constitutional time limit forcing a decision, so the bill can remain pending (the pocket veto).
- If Parliament passes the same bill again and returns it, the President is then bound to give assent.
Note: The Indian Post Office (Amendment) Bill, 1986. This bill, criticised for curtailing press freedom, was left pending by President Zail Singh.
His successor, President Venkataraman, finally sent it back to Parliament, but by then a new government (elected in 1989) did not bring it back, so the bill never became law.
What are the discretionary powers of the Indian President?
It would be incorrect to assume the President has no discretionary power. Constitutionally, the President has a right to be informed of all important matters and deliberations of the Council of Ministers, and the Prime Minister is obliged to furnish any information the President calls for.
Three situations of presidential discretion
There are at least three situations in which the President can act on his or her own discretion.
- Sending advice back for reconsideration. The President can return the Council's advice and ask it to reconsider; although the Council can send back the same advice (which then binds the President), the request itself carries weight.
- The veto on bills, including the informal pocket veto described above, since there is no time limit for giving assent.
- Appointing the Prime Minister when no leader has a clear majority in the Lok Sabha after an election, so that the President must use discretion in judging who can command majority support.
Discretion during coalition politics
Since 1989, major political changes considerably increased the importance of the presidential office, because in the four parliamentary elections held from 1989 to 1998 no single party or coalition attained a majority in the Lok Sabha.
These situations demanded presidential intervention, either to constitute governments or to decide on requests for dissolution of the Lok Sabha by a Prime Minister who could not prove a majority.
There is greater scope for presidential assertiveness when governments are unstable and coalitions hold power.
Note: President Narayanan and the 1998 election. No party or coalition secured a majority; the BJP and its allies won 251 seats, 21 short of a majority.
President Narayanan asked the alliance leader, Atal Behari Vajpayee, "to furnish documents in support of his claim from concerned political parties," and also advised him to secure a vote of confidence within ten days of being sworn in.
The Vice President of India is elected for five years by a method similar to the President's election, except that members of State legislatures are not part of the electoral college.
The Vice President is the ex-officio Chairman of the Rajya Sabha and takes over as President on a vacancy caused by death, resignation, removal by impeachment or otherwise, until a new President is elected. B. D.
Jatti acted as President on the death of Fakhruddin Ali Ahmed until a new President was elected.
What powers does the Indian Prime Minister exercise?
Since the President exercises power only on the advice of the Council of Ministers, and the Council is headed by the Prime Minister, the Prime Minister becomes the most important functionary of government.
The Prime Minister must have the support of the majority in the Lok Sabha; the moment this support is lost, the Prime Minister loses office.
Forming and sizing the Council of Ministers
Formally, the President appoints as Prime Minister the leader who has the support of the majority.
- A leader with the support of the Lok Sabha majority is appointed Prime Minister by the President.
- The Prime Minister decides who will be the ministers in the Council of Ministers.
- The Prime Minister allocates ranks and portfolios, as cabinet minister, minister of State or deputy minister, depending on seniority and political importance.
- A person who becomes a minister or Prime Minister without being an MP must get elected to Parliament within six months.
Before the 91st Amendment Act (2003), the size of the Council of Ministers was decided by exigencies of the time, which led to very large Councils, especially when no party had a clear majority and there was a temptation to win over MPs with ministerial posts.
The amendment fixed that the Council of Ministers shall not exceed 15 percent of the total membership of the House of the People (or Assembly, for States).
Collective responsibility
The Council of Ministers is collectively responsible to the Lok Sabha: a Ministry that loses the confidence of the Lok Sabha must resign.
This principle rests on the solidarity of the cabinet; a vote of no confidence against even a single minister leads to the resignation of the entire Council.
A minister who disagrees with a cabinet decision must either accept it or resign.
The Prime Minister as link and leader
The Prime Minister enjoys a pre-eminent place: the Council of Ministers cannot exist without the Prime Minister, comes into existence only after the Prime Minister takes the oath, and dissolves automatically on the Prime Minister's death or resignation (whereas a minister's demise, dismissal or resignation creates only a vacancy).
As the link between the Council of Ministers, the President and Parliament, the Prime Minister was described by Pt.
Nehru as "the linchpin of Government." The Prime Minister is constitutionally obliged to communicate all Council decisions relating to Union administration and legislative proposals to the President, is involved in all crucial government decisions, decides on policies, and thus acts as the Chairman of the Cabinet, the leader of the majority in Parliament and, in effect, a leader of the nation.
The power the Prime Minister wields flows from control over the Council of Ministers, leadership of the Lok Sabha, command over the bureaucratic machine, access to the media, and projection as a national leader during elections and international summitry.
Effect of coalition politics
However, since 1989 coalition governments have often not completed a full term, and this has affected the parliamentary executive in several ways: a growing discretionary role for the President in selecting Prime Ministers; much more consultation among coalition partners, eroding prime ministerial authority; restrictions on the Prime Minister's prerogative to choose ministers and their ranks; and policies now being decided only after negotiation and compromise among allies, so that the Prime Minister acts more as a negotiator than as a sole leader.
How does the permanent executive (bureaucracy) function?
The bureaucracy, or civil service, consists of trained and skilled officers who are permanent employees of the government, assigned to assist ministers in formulating and implementing policy.
The Indian bureaucracy includes the All-India services, State services, employees of local governments, and technical and managerial staff of public sector undertakings.
Officers selected for the Indian Administrative Service and Indian Police Service form the backbone of higher-level bureaucracy in the States; they are assigned to a State and work under its supervision, but are appointed by, and disciplined only by, the central government, which strengthens central control over State administration.
The bureaucracy is meant to carry welfare policies to the people, but it is often so powerful that citizens are afraid to approach officers, and it is a common experience that the bureaucracy is insensitive to citizens' expectations.
Too much political interference turns the bureaucracy into an instrument of the politician, yet too little democratic control over the bureaucracy leaves citizens without redress.
The elected representatives and ministers are in charge of government, and the administration is under their control and supervision; in the parliamentary system the legislature also exercises control over the administration, and administrative officers cannot act in violation of the policies adopted by the legislature.
It is the responsibility of the ministers to retain political control over the administration, and the bureaucracy is expected to be politically neutral, taking no political position on policy matters.
When a party is defeated in elections and a new government wants new policies in place of the old, it is the responsibility of the administrative machinery to faithfully and efficiently participate in drafting the new policy and in its implementation.
What executive and legislative powers does the President of the USA hold?
The USA follows a presidential system in which the President is both Head of State and head of government, and executive power is concentrated in the President's office, both in theory and in practice.
Unlike the Indian President, the US President is not bound to act on the advice of a Council of Ministers responsible to the legislature.
As executive powers, the US President heads the federal administration, appoints the heads of executive departments (the Cabinet secretaries) and other senior officials, and is Commander-in-Chief of the armed forces.
As legislative powers, the President can recommend legislation to Congress, and holds a veto over bills passed by Congress; Congress can override this veto only by a two-thirds majority in each house.
The President also conducts foreign relations and negotiates treaties, though treaties require ratification by a two-thirds majority of the Senate.
A central feature of the US presidential system is the separation of powers: the President and Congress are elected separately and for fixed terms, so the President's tenure does not depend on retaining the confidence of the legislature, unlike a Prime Minister in a parliamentary system.
How does the Indian executive differ from the US executive?
Although both India and the USA have written constitutions and a head of state called "President", the nature of the office is very different in each.
India adopted a parliamentary executive, in which the Council of Ministers headed by the Prime Minister is the real executive and the President is the formal Head of State acting on its advice.
The USA adopted a presidential executive, in which the President is both Head of State and head of government and is not dependent on the legislature for continuance in office.
| Basis of comparison | India | USA |
|---|---|---|
| Method of election of the head of the executive | President elected indirectly by elected MPs and MLAs by proportional representation with the single transferable vote | President elected through a separate, fixed-term election (an electoral college), independent of the legislature |
| Type of executive | Parliamentary executive: real power with the Prime Minister and Council of Ministers; President is the formal Head of State | Presidential executive: President is both Head of State and head of government, and the real executive |
| Relation with the legislature | Executive depends on retaining the support of the majority in the Lok Sabha; can be removed by loss of confidence | President has a fixed term and does not depend on retaining the confidence of Congress |
| Relation with the cabinet | Cabinet (Council of Ministers) is collectively responsible to the Lok Sabha; the President must act on its advice | Cabinet secretaries are appointed by and individually responsible to the President, not collectively responsible to Congress |
| Role in financial matters | The President cannot withhold assent to a Money Bill; money bills originate only in the Lok Sabha on the Council of Ministers' initiative | Congress holds the "power of the purse"; the President proposes a budget but appropriation bills must be passed by Congress |
In short, the Indian system builds in constant legislative control over the executive through collective responsibility, while the US system relies on a separation of powers with checks such as the veto, Senate ratification of treaties and congressional control of finance, rather than on the executive depending on the legislature's day-to-day confidence.
What Articles and judicial rulings shape the President's role?
Besides Article 74(1), which makes the Council of Ministers' advice binding on the President, two further Articles frame the President's position in the Constitution.
Article 61 lays down the procedure for the impeachment of the President: a charge of violating the Constitution must be preferred by either House, investigated and, if the charge is sustained by a resolution passed by a majority of not less than two-thirds of the total membership of the House in which the investigation took place, the President stands removed from office.
Article 111 governs the President's assent to bills passed by Parliament: the President may give assent, withhold assent, or (for a bill other than a Money Bill) return the bill for reconsideration, but must give assent if Parliament passes the bill again and presents it a second time, which is the constitutional basis of the limited veto and the pocket veto discussed above.
Together, these Articles reinforce the constitutional position already visible in Article 74(1): that the President is ordinarily a formal head acting on binding advice, with discretion confined to the specific situations described earlier in this note.
Going beyond the syllabus
These ideas extend the unit and are not needed for the questions on it.
How do other countries organise their executives?
Other countries show further variations on these two basic types of executive. Canada has a parliamentary democracy under a constitutional monarchy, with the Queen as formal chief of state and the Prime Minister as head of government.
Japan similarly has a parliamentary system with the Emperor as head of state and the Prime Minister as head of government, while Germany has a parliamentary system in which the president is a ceremonial head of state and the chancellor is the head of government.
France, Russia and Sri Lanka follow a semi-presidential system, in which the president may hold significant day-to-day powers alongside a prime minister, and the two may belong to the same or different parties; in France, the president appoints the prime minister and ministers but cannot dismiss them, since they remain responsible to parliament.
Sri Lanka's Executive Presidency, introduced by a 1978 constitutional amendment, lets the directly elected President choose the Prime Minister from the party with a majority in Parliament and even remove the Prime Minister or ministers, while also serving as Commander-in-Chief and Head of Government, which contrasts sharply with the largely ceremonial Indian presidency.
The Sri Lankan President, elected for a six-year term, can be removed only by a resolution passed by at least two-thirds of the members of Parliament, a markedly different and more elaborate procedure from the Indian impeachment process.
These comparisons help explain why simply having "a president" or "a prime minister" does not by itself tell us which type of executive a country actually follows.
How is the permanent executive recruited and staffed?
The Union Public Service Commission conducts recruitment for the government of India on the basis of merit, with similar commissions for the States; members of Public Service Commissions hold a fixed term and can be removed only after an enquiry by a Supreme Court judge.
The Constitution has provided reservation in jobs for Scheduled Castes and Scheduled Tribes, and subsequently for women, Other Backward Classes and Economically Weaker Sections, so the bureaucracy is more representative.
There is an expectation that measures such as the Right to Information may make the bureaucracy a little more responsive and accountable.
Glossary
- Executive: the organ of government responsible for implementing laws and policies, often also involved in framing policy.
- Political executive: the heads of government and ministers who carry overall responsibility for government policy.
- Permanent executive: the bureaucracy or civil service, responsible for day-to-day administration irrespective of which party is in power.
- Council of Ministers: the body of ministers headed by the Prime Minister that advises the President and collectively runs the government.
- Collective responsibility: the principle that the entire Council of Ministers must resign if it loses the confidence of the Lok Sabha.
- Pocket veto: the informal power of the President to withhold assent to a bill indefinitely, since no time limit is fixed in the Constitution.
- Impeachment: the constitutional procedure, requiring a special majority in Parliament, for removing the President on the ground of violating the Constitution.
- Discretionary power: a power the President can exercise using personal judgement rather than on binding ministerial advice.
- Bureaucracy: the permanent, professional body of civil servants who assist ministers in formulating and implementing policy.
- Single transferable vote: the voting method, combined with proportional representation, by which the Indian President is elected.
- Portfolio: the specific department or subject allotted to a minister by the Prime Minister or Chief Minister.
- Presidential system: a system, as in the USA, where the President is both Head of State and head of government, independent of the legislature.
- Ordinance: a law issued by the President when both Houses of Parliament are not in session, which must be approved by Parliament within six weeks of its reassembly.
- National emergency: a proclamation under Article 352 when the security of India is threatened by war, external aggression or armed rebellion.
Common errors and misconceptions
- Misconception: the Indian President has no real power at all. Correct: the President has wide formal executive, legislative and emergency powers, and at least three genuine areas of discretion, though they are normally used only on ministerial advice.
- Misconception: having a president always means a presidential executive. Correct: many countries with a president, such as India, Germany or Italy, have a parliamentary executive where the real power lies with the prime minister and cabinet.
- Misconception: the President's veto on an ordinary bill is absolute. Correct: it is a limited, suspensive veto; if Parliament passes the bill again and returns it, the President must give assent.
- Misconception: the Prime Minister can be dismissed by the President at will. Correct: the Prime Minister holds office so long as he or she retains the support of the majority in the Lok Sabha.
- Misconception: the bureaucracy makes policy on its own. Correct: the bureaucracy is expected to be politically neutral and to implement the policy of whichever elected government is in office.
- Misconception: the US President needs a vote of confidence from Congress to remain in office. Correct: under the separation of powers, the President serves a fixed term independent of whether Congress supports presidential policies.
- Misconception: collective responsibility only applies if the whole cabinet disagrees with a decision. Correct: even a no-confidence motion against a single minister brings down the entire Council of Ministers.
- Misconception: the President may proclaim an emergency and keep it in force without Parliament's approval. Correct: every emergency proclamation must be approved by both Houses of Parliament, within one month for a national or financial emergency and within two months for President's rule.
Exam-style questions with model answers
Q1. State whether the following statement is true or false: the President of India is the supreme commander of the armed forces. [1 mark]
- True. The President is the formal supreme commander of the armed forces, though the power is exercised on the advice of the Council of Ministers.
Q2. Given below are two statements marked Assertion and Reason. Choose the correct option. Assertion: The advice of the Council of Ministers is binding on the President of India. Reason: The President is the real executive in the Indian parliamentary system. [1 mark]
- Option (c): Assertion is true and Reason is false. The advice is binding under Article 74(1), but the real executive is the Prime Minister and Council of Ministers, not the President.
Q3. Define the pocket veto and state one example of its use by an Indian President. [4 marks]
- The pocket veto is the informal power of the President to keep a bill passed by Parliament pending without giving or refusing assent.
- It arises because the Constitution fixes no time limit within which the President must return a bill for reconsideration.
- In 1986 Parliament passed the Indian Post Office (Amendment) Bill, criticised for curtailing press freedom, and President Zail Singh took no decision on it.
- His successor, President Venkataraman, later sent it back, but the new government elected in 1989 did not bring it back, so the bill never became law.
Q4. Distinguish between the political executive and the permanent executive in India on any two bases. [4 marks]
- Composition and function: the political executive consists of the President, Prime Minister and Council of Ministers, who take policy decisions and carry overall responsibility for government policy, while the permanent executive is the bureaucracy, which implements those decisions in day-to-day administration.
- Tenure and accountability: members of the political executive hold office on the basis of political support and change with elections, while the permanent executive consists of officers selected on merit who continue in service whichever government is in power and are expected to remain politically neutral.
Q5. Explain the three kinds of emergency powers of the Indian President. [4 marks]
- National emergency under Article 352, proclaimed when the security of India is threatened by war, external aggression or armed rebellion; Parliament may then legislate on State List subjects and most Fundamental Rights may be suspended.
- State emergency or President's rule under Article 356, proclaimed when the constitutional machinery in a State has broken down; the President then assumes the functions of the State government.
- Financial emergency under Article 360, proclaimed when the financial stability or credit of India is threatened; the President may direct States to observe canons of financial propriety.
- A national or financial emergency must be approved by both Houses within one month (President's rule within two months), and a national emergency remains in force for six months at a time once approved.
Q6. Explain the position of the Indian Prime Minister in relation to the powers shared with the Parliament and the Council of Ministers. [4 marks]
- The Prime Minister heads the Council of Ministers, which cannot exist without the Prime Minister and comes into existence only after the Prime Minister takes the oath of office.
- The Prime Minister decides who becomes a minister and allocates ranks and portfolios as cabinet minister, minister of State or deputy minister.
- The Prime Minister must retain the support of the majority in the Lok Sabha, and loss of that support costs the office; the Prime Minister is also the leader of the majority in Parliament.
- The Prime Minister is constitutionally obliged to communicate all decisions of the Council of Ministers to the President, and so acts as the link between the Cabinet, the President and Parliament.
Q7. Compare the Indian executive with the US executive on the method of election, type of executive and relation with the legislature. [8 marks]
- Method of election: the Indian President is elected indirectly by elected MPs and MLAs through proportional representation with the single transferable vote, while the US President is elected through a separate, fixed-term election independent of the legislature.
- Type of executive: India has a parliamentary executive in which the real power lies with the Prime Minister and Council of Ministers and the President is the formal Head of State, while the USA has a presidential executive in which the President is both Head of State and head of government and the real executive.
- Relation with the legislature: the Indian executive depends on retaining the support of the majority in the Lok Sabha and can be removed by a loss of confidence, while the US President serves a fixed term and does not depend on the confidence of Congress.
- Relation with the cabinet: the Indian Council of Ministers is collectively responsible to the Lok Sabha and the President must act on its advice, while US Cabinet secretaries are appointed by and individually responsible to the President, not collectively responsible to Congress.
- Role in financial matters: in India money bills originate only in the Lok Sabha on the Council of Ministers' initiative and the President cannot withhold assent to a Money Bill, while in the USA Congress holds the power of the purse and appropriation bills must be passed by Congress.
- Overall, the Indian system builds in constant legislative control over the executive through collective responsibility, while the US system relies on a separation of powers with checks such as the veto and Senate ratification of treaties.
Key takeaways
- The executive implements laws and policies; it is divided into the political executive (ministers) and the permanent executive (civil servants).
- India adopted a parliamentary executive so the executive would stay answerable to the legislature, avoiding the personality cult risk of a presidential executive.
- The Indian President exercises legislative, executive, judicial and emergency powers formally, but almost always on the binding advice of the Council of Ministers under Article 74(1).
- The President summons and prorogues Parliament, may dissolve the Lok Sabha, issues ordinances when both Houses are not in session, and appoints the Prime Minister and other high officials.
- The President may proclaim a national emergency, a State emergency or a financial emergency, but every proclamation needs the approval of both Houses, within one month (two months for President's rule).
- The President has at least three genuine areas of discretion: returning advice for reconsideration, the pocket veto, and appointing a Prime Minister when no clear majority exists.
- The Prime Minister heads the Council of Ministers, allocates portfolios, and links the Council with the President and Parliament; collective responsibility means the whole Council falls on losing the Lok Sabha's confidence.
- The USA has a presidential system in which the President, as both Head of State and head of government, holds fixed-term executive power separate from the legislature.
- India and the USA differ chiefly on method of election, type of executive, dependence on the legislature, relation with the cabinet, and role in financial matters.
Test yourself
What is the difference between the political executive and the permanent executive?
The political executive (President, Prime Minister, Council of Ministers) takes and carries overall responsibility for policy decisions, while the permanent executive is the bureaucracy that implements those decisions day to day.
Why can the Indian President withhold assent to a bill only for a limited time in effect?
Because if Parliament passes the same bill again and returns it, the President must give assent; the veto only delays, it does not block the bill permanently.
Name one situation in which the Indian President must use personal discretion.
When no party or alliance has a clear majority in the Lok Sabha after an election, the President must judge whom to appoint as Prime Minister.
What change did the 91st Amendment Act (2003) make to the Council of Ministers?
It fixed that the Council of Ministers shall not exceed 15 percent of the total membership of the Lok Sabha (or the Assembly, for States).
Why is the Indian Prime Minister called "the linchpin of Government"?
Because the Prime Minister links the Council of Ministers with the President and with Parliament, and the Council cannot function without the Prime Minister.
Under which Article is a national emergency proclaimed, and what threat does it address?
Under Article 352, when the security of India or any part of it is threatened by war, external aggression or armed rebellion.
How does the US presidential system differ from India's in terms of the executive's dependence on the legislature?
The US President has a fixed term independent of Congress's confidence, while the Indian Prime Minister must retain the Lok Sabha's majority support to remain in office.
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