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Overview of Organs of Government: the Executive

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Estimated time: 191 minutes
CISCE: Class 12

Definition: Executive

  • "In a broad and collective sense, the executive organ embraces the aggregate or totality of all the functionaries and agencies which are concerned with the execution of the will of the state as that will has been formulated and expressed in terms of law." J.W. Garner 
  • "In its broadest sense, the executive department consists of all government officials except those acting in legislative or judicial capacity. It includes all the agencies of government that are concerned with the execution of state's will as expressed in terms of law. - Getell 
  • "The executive is that branch of government which carries out or executes the will of the people as formulated in law. It is the pivot around which the actual administration of the state revolves." - Gilchrist 
  • "The term embraces not only the supreme head of the government, but also the ministers and the whole mass of subordinate executive and administrative functionaries who constitute, the civil service. Thus understood, the executive comprehends the entire governmental organisationwith the exception of the legislature and the judiciary and possibly the diplomatic corps." - Garner 
CISCE: Class 12

Difference Between Political Executive and Permanent Executive

Political Executive Permanent Executive
Consists of elected leaders (Ministers) Consists of civil servants (bureaucracy)
Changes after elections Permanent, continues till retirement
Formulates policies Implements policies
Politically responsible to the people Politically neutral
Non-experts / amateurs Trained experts & professionals
CISCE: Class 12

Key Points: Main Points of Difference between Political Executive (Ministry) and Permanent Executive (The Civil Service)

  • Ministers and Civil Servants.
  • Political character of Ministers and Non-political character of Civil Servants.
  • Policy-formulation is the function of Political Executive.
  • Political Executive is Responsible and Accountable to the People.
  • Political Executive consists of Amateurs, Civil Servants are Experts.
  • Short Tenure of Political Executive and Fixed and Long Tenure pf Civil Service.  
CISCE: Class 12

Definition: Permanent Executive (Civil Service)

  • "Bureaucracy means the civil servants-the administrative functionaries who are professionally trained for the public service and who enjoy permanency of tenure, promotion within service- partly by seniority and partly by merit." - J.W. Garner 
  • "In the larger sense the term Civil Service is used to describe, any personnel system where the employees are classified in a system of administration composed of a hierarchy, sections, divisions, bureau, departments and the like." In the restricted sense it denotes the "body of public servants organised in a hierarchical system which stands outside the sphere of effective public control." - Willoughby 
  • "Civil service or Bureaucracy is a system of administration characterised by expertness, impartiality and absence of humanity." - Max Weber 
  • "Bureaucracy i.e. Civil Service as "a professional class of technically skilled persons who are organised in an hierarchical way and serve the state in an impartial manner." - Appleby 
  • "A professional body of officials permanent, paid and skilled." - SE Finer  
CISCE: Class 12

Key Points: Nature/Features of Permanent Executive

  • Permanent in nature.
  • Hierarchical Organisation.
  • Politically neutral.
  • Professional and expert class.
  • Fixed salaries & service rules.
  • Public service spirit.
CISCE: Class 12

Key Points: Salient Features of Indian Parliamentary Executive

  • Nominal & Real Executive: The President is the nominal head, while the Prime Minister and Council of Ministers are the real executive.
  • President’s Role: The President acts on the advice of the Prime Minister and Council of Ministers (Article 74).
  • Link with Parliament: The Council of Ministers is formed from Parliament and is responsible to the Lok Sabha.
  • Collective & Individual Responsibility: The ministry is collectively responsible to the Lok Sabha, and each minister is individually responsible for their department.
  • Parliamentary Control: Parliament controls the executive through questions, motions, budget, and no-confidence motions.
  • Majority Rule & Cabinet: The Prime Minister is the leader of the majority party; the Cabinet is the real centre of power, with the PM as the most powerful executive authority.
CISCE: Class 12

Key Points: Qualifications for the Office of President

  • Must be a citizen of India and 35 years or above.
  • Must be qualified to be elected as a Lok Sabha member.
  • Must not hold any office of profit under the government.
  • Cannot be a member of Parliament or State Legislature.
CISCE: Class 12

Key Points: Principles Governing the Method of Election of the President of India

  • Uniformity of representation: Value of an MLA’s vote is proportional to the population of the state.
  • Parity between States and Union:  Total value of MLAs’ votes = total value of MPs’ votes.
  • Single transferable vote system:  Election uses proportional representation with single transferable vote.
  • Preference voting:  Voters mark preferences (I, II, III…) for candidates.
  • Fixed winning quota & transfer of votes:  Candidate must secure a fixed quota (Droop quota); if not, votes are transferred till someone wins.  
CISCE: Class 12

Value of Vote of an MLA of a State

\[\text{Value of vote of an MLA of a State}=\frac{\text{Total Population of State}}{\text{Total number of MLAs of the state Legislative Assembly}}\times\frac{1}{1000}\]

CISCE: Class 12

Values of the Vote of an MP

\[\text{Values of the Vote of an MP}=\frac{\text{Total Value of the Votes of all MLAs of all States}}{\text{Total Number of elected MPs of both Houses of Union Parliament}}\]

CISCE: Class 12

Winning Quota of Votes

\[\frac{\text{Number of Valid Votes Polled}}{\text{No of seats to be filled}+1}+1=\text{Winning Quota of Votes}\]

CISCE: Class 12

Key Points: Election of the President of India July 2022

  • Presidential Election 2022: Held in July 2022; Droupadi Murmu became the 16th President of India.
  • Tenure: The President serves a 5-year term and continues until a successor is elected.
  • Removal: The President can be impeached for violation of the Constitution by a 2/3 majority in both Houses.
  • Re-eligibility: A President can be re-elected any number of times.
  • Succession: The Vice-President acts as President; a new election must be held within 6 months.
  • Immunities & Emoluments: The President enjoys legal immunity, cannot be arrested during tenure, and receives a salary and allowances.
CISCE: Class 12

Key Points: Executive Powers of the President

  • Administrative Powers.
  • Appointment - making Powers.
  • Role in Foreign Relations.
  • Functions as Supreme Commander of the Armed Forces.
  • Power to Grant Titles and Honours  
CISCE: Class 12

Key Points: Legislative Powers of the President

  • President is not a member, but an inseparable part of Parliament; no bill becomes law without his assent.
  • Can summon, prorogue Parliament and dissolve Lok Sabha; gap between sessions cannot exceed 6 months.
  • Can call a joint sitting in case of deadlock and address Parliament at the first session each year.
  • Nominates 12 members to Rajya Sabha and 2 Anglo-Indian members to Lok Sabha
  • Can give assent, withhold assent, or return a bill (suspensive veto); must sign if passed again.
  • Can issue ordinances when Parliament is not in session; they have the force of law but must be approved later.  
CISCE: Class 12

Key Points: Financial Powers of the President

  • No Money Bill can be introduced without the President’s prior consent.
  • The President places the Annual Budget before Parliament every year.
  • The President controls the Contingency Fund of India for unforeseen expenses.
  • The President appoints the Finance Commission to recommend revenue distribution between the Union and States.
CISCE: Class 12

Key Points: Judicial Powers of the President

  • Can grant pardon, reprieve, respite, remission or commutation of sentences.
  • Applies to death sentences, Union & Concurrent List offences, and court-martial cases.
  • An seek advisory opinion of the Supreme Court, but is not bound by it.  
CISCE: Class 12

Key Points: Discretionary Powers of the President of India

  • The President may return a bill for reconsideration or delay signing it.
  • When no party has a clear majority, the President invites a leader to form the government.
  • President can ask the Prime Minister to prove majority in Lok Sabha
  • Can appoint a caretaker government when no party can form a stable ministry.
  • Can call special sessions of Parliament. 
CISCE: Class 12

Key Points: Emergency Powers of the President of India

  • Types of Emergencies: National Emergency (Art. 352), State/Constitutional Emergency (Art. 356) and Financial Emergency (Art. 360).
  • During emergencies, Centre becomes powerful: can direct States, legislate on State List, and modify financial relations. 
  • In a financial emergency, the President can cut salaries, control state finances, and reserve state money bills for his consent. 
CISCE: Class 12

Key Points: Position and Role of the President of India

  • The President is the constitutional head.
  • Can ask the Council of Ministers to reconsider the advice.
  • Represents the unity, authority and dignity of the nation. 
CISCE: Class 12

Key Points: Appointment of the Prime Minister

  • Prime Minister need not be always from Lok Sabha.
  • Prime Minister need not be a sitting member of the Parliament.
  • No Formal Special Qualifications for the Office of Prime Minister.
  • Tenure.
CISCE: Class 12

Key Points: Functions and Powers of Prime Minister

  • Formation of the Council of Ministers and Determining its Size.
  • Allocation of Portfolios.
  • Reshuffling of Portfolios.
  • Chairman of the Cabinet.
  • Removal of Ministers.
  • Leader of the Parliament.
  • Director of Foreign Affairs.
  • Power of Patronage.
  • Role of the Prime Minister during an Emergency. 
CISCE: Class 12

Key Points: Position of the Prime Minister

  • The Office of PM is a very powerful office.
  • The President of India always acts upon the advice of the PM.
  • The Prime Minister of India cannot become a dictator.  
CISCE: Class 12

Key Points: Six basic rules regarding the organisation of the Council of Ministers

  • Prime Minister is appointed by the President; other ministers are appointed on the PM’s advice.
  • Ministers hold office during the pleasure of the President.
  • Council of Ministers is collectively responsible to the Lok Sabha.
  • Ministers take the oath of office and secrecy before entering office.
  • A minister must become a member of Parliament within 6 months.
  • Salaries and allowances of ministers are fixed by Parliament. 
CISCE: Class 12

Key Points: The Union Council of Ministers

  • Method of Formation of the Council of Ministers.
  • Size and Composition of the Council of Ministers.
  • Cabinet as the most powerful part of the Union Council of Ministers.
  • Term of Office.
  • Oath of Office and Secrecy.
  • Salary.
  • Committees of the Cabinet.
CISCE: Class 12

Key Points: Powers and Functions of the Union Council of Ministers

  • Executive Powers: The Cabinet is the real executive; it formulates policies, runs administration, and handles defence, foreign affairs, and emergencies.
  • Legislative Powers: The Cabinet controls law-making; most bills are introduced and passed with its support and depend on Lok Sabha’s confidence.
  • Financial Powers: The Cabinet prepares the budget, frames fiscal policy, and controls government expenditure.
CISCE: Class 12

Key Points: Position of Union Council of Ministers (Cabinet)

  • Real and powerful executive.
  • Policy-maker and administrator.
  • Central institution of the system. 
CISCE: Class 12

Key Points: USA as a Presidential Republic

  • Single Executive System.
  • President as Head of State & Government.
  • Fixed Tenure & Separation of Powers.
CISCE: Class 12

Key Points: Features of US Presidential Executive

  • No Difference between Nominal Executive and Real Executive.
  • Institution of Presidential Cabinet.
  • President is the master of his Cabinet.
  • Non-responsibility of the Executive before the US Congress.
  • Lack of Political Homogeneity in the orgnaisation of Executive. 
CISCE: Class 12

Key Points: Qualifications of the US President

  • Must be a natural-born citizen of the USA. 
  • At least 35 years of age. 
  • Must have resided in the USA for at least 14 years. 
  • Not hold any office of profit.
  • Must be of sound mental and physical health. 
CISCE: Class 12

Key Points: Methods of Election of the President

  • Theoretically, Indirect Election of the President.
  • An Electoral College (Presidential Electoral College-PEC) Elects the US President.
  • The Election Plan.
  • The Changes from the Original Plan:
  • Direct Election of PEC.
  • Separate Ballots for the Offices of President and Vice-President, 
     
CISCE: Class 12

Key Points: Stages in which the US Presidential Election is Conducted

  • Party Nomination: Major parties nominate candidates through primaries and national conventions.
  • Election Campaign: Candidates run nationwide campaigns to gain public support.
  • Electoral College Election: Voters elect state-wise electors in November under the winner-takes-all system.
  • Electoral College Voting: Electors formally vote for the President and Vice-President in December.
  • Result & Inauguration: Congress counts votes; 270 of 538 votes are needed to win, and the President is sworn in on 20 January.
CISCE: Class 12

Key Points: Executive Powers of US President

  • Functions as Head of the State and as Chief Administrator.
  • Enforcement of Laws and Maintenance of Order.
  • Director of Administration.
  • Appointment-making Powers of US President.
  • Power of Removal of Public Officials and Cabinet Members.
  • Treaty-making and Military Powers. 
CISCE: Class 12

Key Points: US President’s Role in Law making

  • Sending of Messages to the Congress.
  • Use of the power, Suspensory Veto and Pocket Veto.
  • Power to issue Executive Orders.
  • Power of calling Special Sessions of the Congress.
CISCE: Class 12

Key Points: Some Constitutional checks on the Powers of the US President

  • Limitation in Respect of Tenure.
  • Limitations Imposed by the Constitution.
  • Limitations of Holding an Elected Democratic Office.
  • Differences and Disgreements between the President and Congress.
  • The President and the Bureaucracy. 
CISCE: Class 12

Key Points: Some checks that the Constitution of USA has placed on the Powers of President

  • Dependence of the President upon the Congress for Laws.
  • Dependence of the President upon Congress for Finances.
  • Congress has the Power to Over-ride Presidential Veto.
  • Treaties require Senatorial Ratification.
  • Press and Fundamental Rights of the People.
  • Judicial Review.  
CISCE: Class 12

Key Points: The Cabinet in the USA

  • Extra-Constitutional Origin of the Presidential Cabinet.
  • Composition of the Cabinet.
  • Method of Appointment of the Heads of Departments (Secretaries) who form the Cabinet.
  • Method of Removal.
  • Meetings of the Presidential Cabinet.
CISCE: Class 12

Key Points: Functions of the US Presidential Cabinet

  • Consultative and advisory role; it has no independent decision-making power
  • President may accept or ignore Cabinet advice
  • Cabinet members implement the President’s policies and must resign if they disagree; today they act as the President’s “brain trust.” 
CISCE: Class 12

Difference Between President of India and President of USA

Basis President of India President of the USA
Nature of Executive Power President is a nominal executive; real power lies with the Prime Minister and Council of Ministers President is the real executive with full executive powers
Head of State vs Head of Government President is Head of State only; PM is Head of Government President is both Head of State and Head of Government
System of Government Parliamentary system Presidential system
CISCE: Class 12

Difference Between US President and Prime Minister of India

Basis US President Prime Minister of India
Position Head of State and Head of Government Head of Government; President is Head of State
Executive Power Real and independent executive Real executive, but works with Council of Ministers
Tenure Fixed 4 years, maximum 2 terms No fixed tenure; depends on majority support
Removal Only by impeachment By vote of no-confidence
Cabinet Control Cabinet is subordinate to him Cabinet works collectively under the PM
CISCE: Class 12

Key Points: Comparative Study of the Executives of India and USA

  • Single Executives.
  • Elected Executives.
  • Limited Tenures.
  • The Real Centres of Executive Power.
  • Presidential Executive in the USA and Parliamentary Executives in India. 
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