Chapter 4

  • Legislature, executive and judiciary are the three organs of Together, they perform the functions of the government
  • In a parliamentary system, executive and the legislature are interdependent: the legislature controls the executive, and, in turn, is controlled by the
  • Executive is the branch of government responsible for the implementation of laws and policies adopted by the legislature. The executive is often involved in framing of policy. There are two type of executive – Political and permanent executive
  • Permanent executive are responsible for day to day E.g. Bureaucrats
  • Every country may not have the same type of USA has a presidential system and executive powers are in the hands of the president. In France, both the president and the prime minister are a part of the semi-presidential system.
  • In a presidential system, the president is the Head of state as well as head of government. In this system the office of president is very powerful, both in theory and practice. Countries with such a system include the United States, Brazil and most nations in Latin America

Types of Executive

Parliamentary System 

Semi-Presidential System

 

Presidential system
The head of government is known as Prime Minister.In this system, the president is the head of stateIn the Presidential system the president is the head of state as well as the head of government
He is the leader of the majority party in the legislature.

 

In this system, Prime Minister is the Head of the government

 

The president is usually directly elected by the people.

 

He is accountable to the legislature

 

PM and his council are responsible to the legislature

 

He is not accountable to Legislature

 

The head of state may be a Constitutional Monarchy      or Parliamentary Republic

 

· E.g.- France

 

E.g: USA

In a parliamentary system, the prime minister is the head of government. Most parliamentary systems have a president or a monarch who is the nominal Head of

PARLIAMENTARY EXECUTIVE IN INDIA

  • When the Constitution of India was written, India already had some experience of running the parliamentary system under the Acts of 1919 and 1935
  • Constitution adopted the parliamentary system of executive for the governments both at the national and State
  • In parliamentary system of executive, there is a President who is the formal Head of the state of India and the Prime Minister and the Council of Ministers, which run the government at the national level.
  • At the State level, the executive comprises the Governor and the Chief Minister and Council of Ministers.
  • The Constitution of India vests the executive power of the Union formally in the President. In reality, the president exercises these powers through the Council of Ministers headed by the Prime Minister.
– President can be removed from office only by Parliament by following the procedure for impeachment (Special Majority is required)

– only ground for impeachment is violation of the Constitution..

– Power and position of President :-

o  Article 74 (1): There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice.

o  In a parliamentary system, these powers are in reality used by the President only on the advice of the Council of Ministers

o  In most of the cases, the President has to follow the advice of the Council of Ministers, as they are real executive

o President exercises his powers only on the advice of the Council of Ministers.

Powers of President

· Executive,Legislative,Judicial,Emergency

 

Discretionary Powers of the President

· Constitutional :- Prime Minister is obliged to furnish all the information that the President may call for

Situational :-

o   President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision

o   President also has veto power by which he can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament. Every bill passed by the Parliament goes to the President for his assent before it becomes a law.

o   When no party gets clear majority in election, President has the additional responsibility of making a choice and appointing the Prime Minister to run the government of the country.

  • Council of Ministers is headed by the Prime

Therefore, as head of the Council of Ministers, the Prime    Minister    becomes    the    most    important  functionary of the government in our country

  • In the parliamentary form of executive, it is essential that the Prime Minister has the support of the majority in the Lok Sabha
  • The moment this support of the majority is lost, the Prime Minister loses the
  • The Prime Minister and all the ministers have to be members of the Parliament.
  • Prime Minister or Ministers can be member of Any house of parliament(Rajya Sabha or Lok Sabha).
  • Prime Minister then decides who will be the ministers in the Council of The Prime Minister allocates ranks and portfolios to the ministers. In the same manner, Chief Ministers of the States choose ministers from their own party or coalition.
  • If someone becomes a minister or Prime Minister without being an MP, such a person has to get elected to the Parliament within six months.
  • Size of the Council of Ministers :- 91th constitutional amendment act 2003, state that Council of Ministers shall not exceed 15 percent of total number of members of the House of the People (or Assembly, in the case of the States).
  • The Council of Ministers is collectively responsible to the Lok Sabha. This provision means that a Ministry which loses confidence of the Lok Sabha is obliged to resign.
  • Vote of no confidence even against a single minister leads to the resignation of the entire Council of In India, the Prime Minister enjoys a pre-eminent place in the
  • The Council of Ministers cannot exist without the Prime Minister.
  • The Council comes into existence only after the Prime Minister has taken the oath of the death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministers but the demise, dismissal or resignation of a minister
  • The Prime Minister acts as a link between the Council of Ministers on the one hand and the President as well as the Parliament
  • It is also the constitutional obligation of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for
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