The Union Executive

Overview

The Union Executive consists of the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India. India has a parliamentary system of government — the President is the constitutional head, but the real executive power is exercised by the Prime Minister and the Council of Ministers, who are collectively responsible to the Lok Sabha.

The executive structure is based on the Westminster model (from the UK), with adaptations: the President is an elected head (not hereditary), and the Vice-President serves as the Chairman of the Rajya Sabha.

The President (Articles 52–62)

Position and Role

The President is the head of state and the first citizen of India. All executive action of the Government of India is taken in the President's name. However, the President acts on the aid and advice of the Council of Ministers — this is binding (Article 74), as confirmed by the 42nd Amendment and the Supreme Court in R. v. Governor of Bihar cases.

Qualifications

• Must be a citizen of India.
• Must have completed 35 years of age.
• Must be qualified to be elected as a member of the Lok Sabha.
• Must not hold any office of profit under the Government of India or any state government.

Election

• Elected by an Electoral College consisting of:
  • Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
  • Elected members of the Legislative Assemblies of all states and Union Territories of Delhi and Puducherry.
• Election by single transferable vote with proportional representation (Article 55).
• The formula ensures that the value of an MLA's vote is proportional to the population of the state, and the value of an MP's vote is equal across the country. This gives more weight to states with larger populations while ensuring that MPs collectively have a significant say.

Term and Removal

• Term: 5 years, eligible for re-election.
• Impeachment (Article 61): The President can be removed for "violation of the Constitution." The charge must be preferred by either House, with a two-thirds majority of the total membership and a majority of members present and voting. The other House investigates and can remove the President by a two-thirds majority.
• Resignation: By writing to the Vice-President.
• Vacancy: If the office falls vacant, the Vice-President acts as President until a new election is held (must be held within 6 months).

Powers and Functions

• Executive Powers: All executive actions are taken in the President's name. The President appoints the Prime Minister, other ministers, the Attorney General, the Comptroller and Auditor General (CAG), Chief Election Commissioner, UPSC members, Governors, and Supreme Court/High Court judges.
• Legislative Powers: Summons and prorogues Parliament, addresses both Houses at the beginning of each session, nominates 12 members to the Rajya Sabha (arts/science/social service) and 2 Anglo-Indians to the Lok Sabha (discontinued by 104th Amendment). Can promulgate Ordinances (Article 123) when Parliament is not in session. Returns bills for reconsideration (but must assent if passed again).
• Financial Powers: The Budget is presented with the President's recommendation. The President constitutes the Finance Commission (Article 280) every 5 years.
• Judicial Powers: Can grant pardons, reprieves, respites, or remissions of punishment (Article 72) — including in death penalty cases.
• Emergency Powers (Articles 352, 356, 360): Can declare National Emergency (Article 352), President's Rule in a state (Article 356), and Financial Emergency (Article 360). See separate section on Emergency Provisions.
• Diplomatic and Military Powers: Represents India in international relations, appoints ambassadors, receives foreign envoys. Is the Supreme Commander of the armed forces.

Ordinance Power (Article 123)

The President can promulgate ordinances when both Houses are not in session, but only when satisfied that circumstances exist that render it necessary to take immediate action. Key points:

• An ordinance has the same force as an Act of Parliament but must be laid before both Houses when they reassemble.
• It ceases to operate after 6 weeks from the reassembly of Parliament (or earlier if both Houses pass resolutions disapproving it).
• The Supreme Court in R.C. Cooper v. Union of India (1970) held that the President's satisfaction must be based on relevant material and not be mala fide.
• The 38th Amendment (1975) made the President's satisfaction immune from judicial review, but the 44th Amendment (1978) reversed this.

The Vice-President (Articles 63–73)

Position

The Vice-President is the ex-officio Chairman of the Rajya Sabha (Article 64). They are not a member of the Rajya Sabha but preside over its sittings. In the event of the President's death, resignation, removal, or absence, the Vice-President acts as President until a new election is held.

Election

• Elected by both Houses of Parliament (Lok Sabha and Rajya Sabha) by proportional representation with single transferable vote (Article 66).
• Members of state legislative assemblies do not participate — unlike the Presidential election.

Removal

The Vice-President can be removed by a resolution of the Rajya Sabha passed by an effective majority and agreed to by the Lok Sabha (Article 67(b)). A 14-day notice must be given.

The Prime Minister and Council of Ministers (Articles 74–75)

Prime Minister

The Prime Minister is the real head of the executive in India's parliamentary system. The President appoints the Prime Minister — conventionally, the leader of the majority party in the Lok Sabha. If no party has a majority, the President may exercise discretion in appointing someone who can command the confidence of the House.

Council of Ministers

• Article 74(1): There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President. The President shall act in accordance with such advice. (The word "shall" was inserted by the 42nd Amendment, 1976.)
• Article 75(2): Ministers hold office during the pleasure of the President — but in practice, this means during the pleasure of the Prime Minister, since the President acts on the PM's advice.
• Article 75(3): The Council of Ministers is collectively responsible to the Lok Sabha. This is the cornerstone of parliamentary accountability.
• Article 75(4)–(5): Ministers must be members of either House of Parliament. If not, they must become a member within 6 months; otherwise, they cease to be a minister.

Categories of Ministers

• Cabinet Ministers: Head major ministries. Members of the Cabinet — the highest decision-making body.
• Ministers of State (Independent Charge): In charge of smaller ministries, not under Cabinet Ministers.
• Ministers of State: Assist Cabinet Ministers.
• Deputy Ministers: Assist Cabinet or State Ministers (rare in recent governments).

Cabinet vs. Council of Ministers

• The Cabinet is a smaller body (15–25 members) within the Council of Ministers (which can be 60+). The Cabinet makes all major policy decisions.
• The Council of Ministers is the larger body that includes all ministers. It is collectively responsible to Parliament.
• Article 352 (National Emergency) requires the Cabinet's written recommendation — not just the Prime Minister's.

The Attorney General (Article 76)

The Attorney General is the highest law officer of India. Appointed by the President, they must be qualified to be a judge of the Supreme Court. They hold office during the pleasure of the President.

Duties

• Gives advice to the Government of India on legal matters referred by the President.
• Performs other duties of a legal character assigned by the President.
• Appears on behalf of the Government in the Supreme Court and High Courts in cases of national importance.
• Has the right to audience in all courts in India.

Note: The Attorney General is not a member of the Cabinet but may be invited to Cabinet meetings. They are also not a government servant — they can appear against the government in private cases (though this is rare and controversial). The Solicitor General and Additional Solicitors General assist the Attorney General.

Sources