Executive
In any government, there are three main organs: the Legislature, the Executive, and the Judiciary. Together, they create and enforce laws, maintain order, and work for the welfare of the people. The Indian Constitution ensures these three organs work in coordination and maintain a balance of power.
In a parliamentary system like India's, the executive and the legislature are closely linked and interdependent. The legislature has control over the executive, and in turn, the executive influences the legislature. This chapter focuses on the executive branch of the Indian government, exploring its structure, functions, and the political changes that have shaped it over time.
The Executive is the branch of government responsible for implementing the laws and policies made by the legislature. Think of it as the management or administrative arm of the government.
Every organization, from a school to a large company, has a body of people who make important policy decisions and oversee day-to-day operations. In government, the executive performs this role. It is a body of persons that ensures rules and regulations are put into actual practice.
The executive is not just made up of top leaders like presidents or prime ministers. It includes two main parts:
Not all countries have the same type of executive. The powers of the President of the USA are very different from the powers of the President of India. This is because governments are structured in different ways. The main types are:
In this system, the president is both the Head of State (the ceremonial leader) and the Head of Government (the one with actual power). The office of the president is very powerful in both theory and practice.
In this system, the head of government is the Prime Minister, who holds the real executive power along with the cabinet. There is also a Head of State, who is a president or a monarch, but their role is mostly nominal and ceremonial.
This system has both a president and a prime minister. Unlike in a parliamentary system, the president may have significant day-to-day powers. Sometimes the president and the prime minister belong to the same political party, but at other times they can be from different, opposing parties.
When the Indian Constitution was being written, India already had some experience with the parliamentary system under the British Acts of 1919 and 1935. This experience showed that a parliamentary system allows the people's representatives in the legislature to effectively control the executive.
The makers of the Constitution chose the parliamentary system for several key reasons:
Under this system, the President is the formal Head of State of India, while the Prime Minister and the Council of Ministers run the government at the national level. At the state level, the executive consists of the Governor, the Chief Minister, and the state's Council of Ministers.
The Constitution of India formally gives all executive power of the Union to the President. However, in reality, the President exercises these powers on the advice of the Council of Ministers, which is headed by the Prime Minister.
While the President is mostly a formal head, there are three situations where he or she can use their own discretion:
Reconsidering Advice: The President can send advice from the Council of Ministers back for reconsideration. By asking the Council to rethink a decision, the President uses their own judgment, especially if they believe the advice has flaws or is not in the country's best interest. Although the President must accept the reconsidered advice, the initial request carries significant weight.
Veto Power: The President can withhold or refuse to give assent to Bills (other than Money Bills) passed by Parliament. The President can send a bill back to Parliament for reconsideration. However, if Parliament passes the bill again and sends it back, the President must give assent. The Constitution does not specify a time limit for the President to act on a bill. This allows the President to keep a bill pending indefinitely, an informal power known as the pocket veto.
Since 1989, coalition governments have become common, increasing the importance of the President's discretionary powers in appointing Prime Ministers and deciding on the dissolution of the Lok Sabha.
The Prime Minister is the most important government functionary in India. The Council of Ministers, which holds the real executive power, is headed by the Prime Minister.
Previously, the size of the Council of Ministers was not fixed, which sometimes led to very large councils, especially in coalition governments where ministerial positions were used to secure support. The 91st Amendment Act (2003) fixed this by stating that the total number of ministers, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha (or the state assembly).
The most important feature of the parliamentary executive is collective responsibility.
The Prime Minister holds a pre-eminent place in the government. Pt. Nehru described the PM as the 'linchpin of Government'. The sources of the Prime Minister's power include:
However, the PM's power can be affected by political conditions. When a single party has a clear majority, the PM is very powerful. In coalition governments, which have been common since 1989, the PM often has to act more as a negotiator among allies, leading to some erosion of prime ministerial authority.
The executive organ includes not just the ministers but also the vast administrative machinery known as the bureaucracy or civil service. These are trained and skilled officers who are permanent employees of the government. They assist ministers in formulating and implementing policies.
The bureaucracy is the instrument through which government policies reach the people. However, it is often criticized for being insensitive to ordinary citizens. Democratic control by elected representatives is necessary to keep the bureaucracy accountable, but too much political interference can make it an instrument in the hands of politicians.
The modern executive is a powerful institution. To prevent it from becoming unresponsive, the makers of the Indian Constitution chose a parliamentary executive, which is firmly under the supervision and control of the legislature. Through periodic elections, constitutional limits, and democratic politics, the system ensures that the executive remains accountable to the people.
Great job reading through all sections. Ready to test your knowledge and reinforce your learning?