The Executive Organ of Government

Learning Outcomes:

1. Distinguish between parliamentary and presidential systems.
2. Understand the constitutional role of the President of India.
3. Recognize the Council of Ministers’ composition and the Prime Minister’s importance.
4. Explore the significance and functioning of administrative machinery.

The executive, along with the legislature and judiciary, is one of the three main organs of government. Its primary role involves implementing laws, managing policy, and maintaining order. The executive can be broadly divided into two categories: the political executive, which includes leaders like the President and Prime Minister, and the permanent executive, composed of the civil servants responsible for day-to-day administration. This chapter examines the executive structure in various nations and highlights the specific roles of key executive figures in India, along with recent political developments.

Definition of an Executive

In any organization, such as a school or business, the executive is the body or individuals responsible for decision-making and policy implementation. In the context of government, the executive refers to a group of individuals responsible for implementing laws and policies passed by the legislature. The executive can take different forms in different nations, with the heads of government typically holding the highest administrative roles.

Principal Functions of the Executive

1. Policy Implementation: The executive implements laws and policies formulated by the legislature.
2. Decision-Making: The executive takes policy decisions at both the national and administrative levels.
3. Administrative Oversight: The executive supervises day-to-day government functions and administration.
4. National Representation: The head of state, often a part of the executive, represents the nation domestically and internationally.

Types of Executive Systems

There are various types of executive systems across countries. For example, the United States follows a presidential system, while India follows a parliamentary system. These distinctions shape how the executive branch operates, how leaders are chosen, and how they wield power.

Notable Examples of Executive Systems

1. United States: The President holds executive powers and is both the head of state and head of government.
2. United Kingdom: It has a parliamentary system where the Prime Minister is the head of government, and the monarch is the head of state with ceremonial powers.
3. France: France employs a semi-presidential system where both the President and Prime Minister play significant roles in governance.
4. Sri Lanka: The Executive Presidency was introduced in 1978, granting the President broad powers, though Parliament remains important.

Important Note: In a presidential system, the President serves as both head of state and government, concentrating executive powers. In a parliamentary system, the Prime Minister is typically more powerful, while the President or monarch holds a ceremonial role.

Parliamentary Executive in India

India follows a parliamentary system based on the framework laid down by the Constitution of India. The system is inspired by the British model, which ensures executive accountability to the legislature. This framework is crucial to maintaining a balance of power and ensuring accountability. The President of India is the head of state, while the Prime Minister is the head of government.

Key Characteristics of the Parliamentary Executive in India

1. President’s Role: The President holds formal powers but generally acts on the advice of the Council of Ministers headed by the Prime Minister.
2. Prime Minister’s Authority: The Prime Minister holds a central role, wielding effective power over the executive branch and the Council of Ministers.
3. Council of Ministers: This body is collectively responsible for executive decisions and must maintain the confidence of the Parliament.

Presidential Executive

The presidential system, followed in countries like the USA, centralizes executive power in the President, who acts as both head of state and head of government. In contrast to the parliamentary system, the President in this model is not directly accountable to the legislature.

Important Note: In India, the President plays a ceremonial role, but under certain circumstances, such as when coalition governments form, the President may have a more discretionary role.

Roles of Key Executive Figures in India

The President of India

1. Ceremonial Head: The President represents India at formal occasions and ensures the smooth functioning of the government.
2. Elected by an Electoral College: The President is indirectly elected by Members of Parliament and Legislative Assemblies.
3. Discretionary Powers: The President can exercise discretion under certain political conditions, such as appointing a Prime Minister when no party has a clear majority.

The Prime Minister of India

1. Head of Government: The Prime Minister wields substantial power and serves as the leader of the Council of Ministers.
2. Leadership Role: The Prime Minister allocates portfolios to ministers, leads policy decisions, and represents India internationally.
3. Selection: The Prime Minister is appointed by the President, typically the leader of the majority party in the Lok Sabha.
4. Support of the Majority: The Prime Minister must have the support of a majority in the Lok Sabha to continue in office.

Collective Responsibility and the Role of the Council of Ministers

In India, the Council of Ministers is collectively responsible to the Lok Sabha. This means the Ministers must support decisions collectively, and if the Council loses the confidence of the Lok Sabha, it must resign.

1. Size of Council: The Council of Ministers should not exceed 15% of the total members of the Lok Sabha.
2. Ranks of Ministers: Ministers are classified into Cabinet Ministers, Ministers of State, and Deputy Ministers, each with varying levels of authority.

Important Note: The Council of Ministers functions under the principle of collective responsibility, meaning a vote of no confidence against any minister results in the resignation of the entire Council of Ministers.

Permanent Executive: Bureaucracy

The permanent executive, also known as the bureaucracy, plays a critical role in assisting the political executive in policy formulation and implementation. Bureaucrats, often termed civil servants, remain in their roles regardless of the changing political leadership, ensuring continuity in administration.

Characteristics of the Bureaucracy

1. Neutrality: Civil servants are expected to maintain political neutrality, providing unbiased service irrespective of which party is in power.
2. Merit-Based Recruitment: Officers are selected through competitive exams conducted by the Union Public Service Commission (UPSC), ensuring meritocracy.
3. Role in Governance: Bureaucrats assist the ministers in drafting and implementing policies, acting as the backbone of the administrative system.

Discretionary Powers of the President

While the President of India primarily functions on the advice of the Council of Ministers, there are several situations where the President can act independently.

1. Reconsidering Advice: The President can ask the Council of Ministers to reconsider advice but must accept the reconsidered advice.
2. Veto Powers: The President can refuse to give assent to a bill passed by Parliament, although veto power is limited.
3. Appointing a Prime Minister: In situations where no party has a clear majority, the President must use discretion to appoint a Prime Minister.

Important Note: The President’s discretion often comes into play during periods of political instability, such as coalition governments.

The Vice President of India

The Vice President holds a dual role as the ex-officio Chairperson of the Rajya Sabha and steps in as Acting President when required. Like the **

President**, the *Vice President* is elected indirectly, though State legislators do not participate in this election.

1. Chairperson of the Rajya Sabha: The Vice President presides over the Upper House of Parliament.
2. Acting President: If the President’s office is vacant due to death, resignation, or removal, the Vice President temporarily assumes the role.

Important Note: The Vice President cannot act as President indefinitely and must step down once a new President is elected.

Coalition Governments and the Evolving Role of the Prime Minister

Since 1989, coalition governments have become more common in India, significantly affecting the role of the Prime Minister. The need for negotiation and compromise among coalition partners has led to reduced central authority for the Prime Minister compared to earlier periods.

1. Formation of Governments: When no single party has a majority, alliances are formed to create a coalition government.
2. Erosion of Authority: Coalition politics have restricted the Prime Minister’s ability to independently choose ministers or implement policies.
3. Negotiator Role: The Prime Minister often acts more as a negotiator than an absolute leader in coalition situations.

MCQ

Which system of government is characterized by the head of state also serving as the head of government?
A) Parliamentary
B) Presidential
C) Semi-presidential
D) Monarchy
Answer: B) Presidential