The Union Executive
The Union Executive
Election of President:
• He is elected by directly elected
representatives of the Central and State
Legislature.
Term of Office:
• 5 Years from the date he enters upon his/her
office
Responsibility:
• To protect the Constitution and ensuring that
the government runs as per the constitution.
• Functions according to the advice given by the
Prime Minister and the Council of Ministers.
• Any act of President that violates the
Constitution, the Parliament has the authority
to move the President.
• This process is called impeachment.
• Any house can lay the charge of violation of
the Constitution and the investigation of the
charge is carried out by the other house.
• Resolution is passed by a majority of not less
than 2/3
rd
of the total membership of the house.
Note cards
Table of content
• The Union Executive
• Power and the functions of the President
• Manner of elections
• Reason for indirect elections
• Vacation of office
• Procedure for impeachment
• Prime ministers and the council of minsters
• Powers of the Prime Ministers- Legislative and
Executive
• Functions of the Council of minsters
• How does the Legislative check on the
Executive?
• The cabinet
• Relation between the President and the council
of Minsters
• Vice- President -Term of office -Removal
• Power and Functions
Board: C.B.S.E.
Grade/std: 9
th
Name of the chapter: The Union
executive and the council of ministers
Reference book/s: Social and political life
- and Part I- N.C.E.R.T. Std.9
th
.
Powers and Functions of the
President
Powers and Functions of the
President
He appoints:
• Prime Minister & Council of ministers.
• Governor of states /Union territories.
• Election commissioner and the judges of the
Supreme and High Court.
• Addresses sessions and messages the
Parliament.
• Summon and Prorogue the Houses.
• Dissolves the Lok Sabha.
• Assent to bills and some state bills.
• Supreme commander and appoints the chief of
3 wings of the armed force.
• and commute the sentence of any person
convicted for an offence.
• Power to:
• make declaration of war and peace on advice
of council on ministers
• grant pardons, reprieves, respites or remissions
of punishment or to suspend, remit.
• commute the sentence of any person convicted
for an offence.
• National or general emergency: Article 352,
foreign aggression or danger to the country.
• A set-back to the financial stability of the
country. Article 360
Manner of Election
Single Transferable Vote System:
• Elector gives numbers according to his
preference to the candidates.
• First the preference votes are counted.50%
majority, candidate declared elected
• If no absolute majority then candidate with
least votes is eliminated and his second
preference votes taken into consideration. This
process of elimination continues until a
candidate gets absolute majority and he is
declared elected.
• If people nominate the President, he could
become rival center of power to the Council of
Ministers which would be against the
parliamentary system with ministerial
responsibility.
• The membership in the two houses is likely to
be dominated by one party, President can be
nominated from the ruling party.
• The President of India is elected by Electoral
college (two houses of Parliament and
Legislative Assemblies of States) which would
make the President the elected representative
of whole nation.
Prime Minister and the Council of
Ministers
Appointment:
• The President in accordance with the well-
established parliamentary practice invites the
leader of the majority party in the Lok Sabha
(Art.75).
Qualification:
• Must be citizen of India.
• Must be member of either house of Parliament.
• If he is not, he must become the member
within six months of appointment.
• Leader of the majority party or one who enjoys
the majority support in the Lok Sabha.
• Advices President on Appointment of
Ministers.
• Influences Cabinet decisions.
• As Chairman of the Council of Ministers, he
exercises a casting vote.
• Link between President and Cabinet.
• Coordinates the policies of the various
departments and ministries.
• Leader of Lok Sabha and Chief Spokesman of
the Government.
• Chairman of Planning Commission and the
Atomic Energy Commission.
Position and Powers of PM
• The President may submit his resignation to
Vice- President and he/she further
communicate to speaker of Lok Sabha
• The President may, for the violation of the
Constitution, be removed from the office by
the process of impeachment.
Procedure for impeachment
• Either houses can level the charge
• Resolution - 14 days’ notice- in writing
signed- minimum ¼ th -total number of
members passed by a majority – not less than
2/3
rd
of the total membership of the house.
• The charge must be presented to the other
house and then the President has to appear at
the investigation.
• The result passed by a majority of minimum
than 2/3
rd
of the total member of the house
declaring that the charge is sustained then the
President is removed from the office.
Executive Powers of PM
Legislative Powers of PM
Functions of Council of Ministers
Functions of Council of Ministers
• Leader and forms the Council of Ministers
appoints, removes and distributes portfolios to
Ministers.
• Presides the Meetings of the Cabinet.
• 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.
• Defends the policies of the government in the
Parliament.
• Fixes the programmes of the Parliament.
• Makes important policy statements in the
Parliament.
• Director of foreign policy and Indian economy.
• Leader of the Lok Sabha.
• Recommends Dissolution of the Lok Sabha.
Cabinet Ministers:
• Hold important portfolios like Home, Defence,
Finance, External Affairs, Railways etc.
• In-charge of Ministry or Ministries.
• They only have right to attend Cabinet
Meetings.
• Together determine Policy and Programmes of
Government.
Ministers of State:
• May or may not hold an independent charge of
any portfolio.
• Do not attend Cabinet meetings and invited
when matters concerning their departments are
being considered.
Deputy Ministers:
• Assists Cabinet ministers and the Council of
Ministers.
• Junior ministers placed under senior ministers.
• They take no part in Cabinet deliberations.
How does the Parliament keep a check
over the Executive?
How does the Parliament keep a
check over the Executive?
1. Discussion and Debate
• These help to scrutinize the policy proposals
and laws and point out the short comings.
2. Question Hour
• It is the most effective way on keeping a check
on the Council of ministers.
• The members criticize the government and
questions are raised on various issues.
3. Zero Hour
• The period around 12 noon is called Zero hour
in which, any question of public importance
can be raised and discussed.
4. No- confidence motion
• “We do not have confidence in the
government”: This is a motion passed with the
majority support then the Council of ministers
must resign.
The Cabinet
Eligibility:
• Every Minister must be a member of either
house of the Parliament or must become one
within six months of his appointment, failing
which he/she will have to vacate office.
Appointment:
• The PM selects senior and trustworthy
colleagues and advices the President to appoint
them. The President appoints them as per
advice.
Term of office:
• The ministers remain in the office till majority
of support in Lok Sabha.
• The Council of Ministers are collectively
responsible to the Lok Sabha.
Relation between President and the
Council of Ministers
Article 74(1)
• States- ‘there shall be a council of ministers with
the Prime Ministers at the head to aid and advise
the President in the exercise of his functions’.
Later inserted
• provided that the President may require the
Council of Ministers to reconsider such advice,
either generally or otherwise, shall act in
accordance with the advice tendered after such
recognition’.
Civil Servants: Help ministers carry out their policies
made by the Cabinet and are not a part of the political
party. IAS (Indian Administrative Service) and the (Indian
Foreign Service) IFS. Employed on the basis of their
performances and rank in the Union Public Services
Commission examinations.
Notes
Vice – President in India
• Second highest constitutional office in the
Country
• Article 63 declares:
• “There shall be a Vice- President of India”.
• Its office cannot remain vacant.
Manner of Election:
• Elected by an electoral college consisting
of members of both houses of Parliament,
in accordance with the system of
proportional representation by means of
the single transferable vote and the voting
in such election is by secret ballot.
Term of Office
• Five years from the date of assumption of
office.
• Even after the expiration of the term, the
Vice- President shall continue in office
until his successor assumes office. (Article
67 c)
• May resign his office by writing to the
president. The resignation becomes
effective from the day it is accepted.
• From office by a resolution of the Council
of States (Rajya Sabha), passed by absolute
majority of its members and agreed to by
the house of the people (Lok Sabha).
• A resolution for this purpose may be
moved only after a notice of at least a
minimum of 14 days has been given of
such an intention.
Removal
Powers and Functions
-Chairman of the Rajya Sabha
-Taking over as the President under the following
situations
• Death of President
• Resignation of the President
• When President if unable to discharge his
functions (absence, illness or any other
cause)