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Home , Minister of State

Union and State Executive

By Inderakala T.B For - I sem B. Com and BB.A THE UNION EXECUTIVE

• • The Union Executive • (Part V, Article 52 to 78, chapter I): consists of the president, the vice –president, the council of ministers and the Attorney general of India. • THE PRESIDENT: • He is the and first citizen of India, • Supreme Commander of the Indian Armed Forces. • The President exercises his powers on the advice of the Prime and the Council of Ministers. • Electoral Procedure-(Article54 & 55) • the new president is chosen by an electoral college consisting of the elected members of • both houses of the Parliament and the elected members of the State Legislative Assemblies (Vidhan Sabha). • Term (Article 56) : • five years from the date on which he enters his office ; Termination • By resignation in writing addressed to the Vice- President of India • By removal for violation of the Constitution, by the process in impeachment. • Qualification- ( Article 58) : • Citizen of India • Have completed 35 yrs • Be qualified for election as member of the Lok Sabha • Must not hold any office of profit under the Govt. or local authority • Condition Of Office-(Article 59): • president is not to be a member of either House of Parliament or of a House of any State Legislature. • Emoluments (Article 59):: • The President receives a salary of approximate Rs. 1.5 lakh month. • Oath / Affirmation- (Article 60): • The President or person acting as president is to take an oath in the presence of the Chief Justice of India or in his absence. The senior – most judge of the Supreme Court. • Impeachment (Art 61) • The President may be removed before the expiry of his/her term through impeachment . • A President can be removed for violation of the Constitution. • The process may start in either of the two houses of the Parliament. • The charges are contained in a notice that has to be signed by at least one quarter of the total members of that house. • The notice is sent up to the President and 14 days later, it is taken up for consideration. • A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. • The other house investigates the charges that have been made. • If the second house also approves the chargesmade by two-third majority again, the President stands impeached • Vacancy -(Article 62) • due to death, • resignation, • removal, etc., • Article 65 says that the Vice President will have to discharge his duties. The Vice President reverts to his office when a new President is elected and enters upon his office. • The Vice President discharges the President's functions for a temporary period until the President Executive Powers: Art -70 The Executive powers of the President include: 1.He appoints: a. The Prime Minister and the Council of Ministers on the Prime Minister's advice. b. The Attorney General of India. c. The Comptroller and Auditor General of India d. The Chairman Union Public Service Commission e. The Chairman Planning commission F. The of the States g. The Chief Justice and the Judges of the Supreme Court and the High Courts. h. The Lt- Governors and the Chief Commissioners of the Union Territories. • Diplomatic Powers: • 1. The President has the power of appointing Indian Ambassadors to other countries • 2. He receives ambassadors, High Commissions and diplomatic envoys from foreign • Nations. • 3. All treaties and international agreements are concluded in the name of the • President. • 4. The president represents India in International Conferences. • Military Powers: • 1. The President is the Supreme Commander of the Armed Forces of India. • 2. He appoints the Chiefs of the three wings of the Armed Forces, subject to certain • rules and regulations. • 3. The President has the power to make Declarations of War and Peace on the advice • of the Council of Ministers. • Legislative Powers: • 1. Addresses Sessions of the Parliament: The President addresses both Houses • 2. Messages to Parliament: He has the power to send messages to either House of -regard to any pending Bill or to any other matter. • 3. Summon and Prorogue the Houses • 4. Dissolve the Lok Sabha: He can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subjected to dissolution. • 5. Nomination of Members: The President nominates 12 members to the Rajya Sabha and Nominate 2 members from Anglo Indian Community to Lok Sabha • 6. Assent to Bills: No Bill can become a law without the assent and the signature of -Once a Bill is passed by both the Houses, it is sent to the President • Financial Powers: • 1. Money bills can be introduced only on the recommendation of the President .After every five years the President appoints a Finance Commission comprising of a Chairman and four other members. The Commission makes recommendations to the President on financial • Judicial Powers: • 1. The President is not answerable before any Court of Law for the exercise of the powers and duties of his office. • 2. The President has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted for an offence: • a. In all cases where the punishment or sentence is by a Court Martial; • b. In all cases where the punishment or sentence is for an offence against any law • relating to Union and Concurrent Lists; • c. In all cases where there is a death sentence. matters. • Emergency Powers: Comes under Part XVIII , Art- 352 to 360 • An Emergency is “a sudden or unforeseen situation demanding immediate action.” • 1. National or General Emergency: War or External aggression it is called “External Emergency” armed rebellion it is called Internal Emergency .There is a danger of foreign aggression or danger to the peace and security of the country because of a civil war, insurgency or any other such cause( Article 352) • 2. President Rule or Breakdown of constitutional Machinery or State Emergency • The Constitutional machinery in a State has broken down or there is a deadlock because of political uncertainties or otherwise (Article 356) • 3. Financial Emergency: • A set-back to the financial stability or credit feasibility of the country is likely to occur or has occurred( Article 360) Vice -President • Art- 63- There shall be a V.P • Vice President is the ex-officio Chairman of the Rajya Sabha. • Qualifications • 1. A person shall be eligible for election as Vice-President, if he • (a) is a citizen of India; • (b) has completed the age of thirty-five years; and • (c) is qualified for election as a member of the council of States. • 2. A person shall not be eligible for election as Vice- President if he holds any office of profit under the or Government of any State or under any local or other authority subject to the control of any of the said . • Term of Office • The Vice- President shall hold office for a term of Five years from the date on which he enters upon his office. • He may, by writing, addressed to the President, resign his office. Such resignation will be communicated by the President to the Speaker of the Lok Sabha. • He may, for the violation of the Constitution, be removed from the office by the process of Impeachment. • He shall continue to hold office, notwithstanding the expiry of his term, until his successor enters upon his office. • Election • An Electoral College consisting of the members of both the Houses of Parliament elects the Vice-President. The election is held in accordance with the system of proportional representation by means of the single transferable vote. The voting at such an election is by secret ballot. Prime- Minister • Art 74(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President • The Prime Minister of India is the and leader of the executive branch of the Government of India. The Prime Minister is also the chief adviser to the President of India and head of the Council of Ministers. They can be a member of any of the two houses of Parliament (the Lok Sabha or the Rajya Sabha), but has to be the leader of the political party, having a majority in the Lok Sabha. Union Council of Ministers • Article 74 & 75, a minister who works at the pleasure of President, is appointed by the President on the advice of the Prime Minister.

• The Union Council of Ministers exercises executive authority in the of India. It consists of senior ministers, called Ministers, and junior ministers, called Ministers of State.

• Ministers are appointed on the recommendation of the Prime Minister. He coordinates all the policies of the government. • Removal • Upon self resignation • Upon dismissal by the President for minister's unconstitutional acts per Article 75(2). • Upon direction from the Judiciary for committing violation of law. • Upon ceasing eligibility to be a member of Parliament. Regulations

• Per Article 75(3), the Council of Ministers is responsible collectively to the lower house of the Indian Parliament, called the Lok Sabha (House of People). When a bill introduced by a minister in the Lok sabha is not approved by it, entire council of ministers is responsible and not the minister. The council of ministers upon losing confidence of Lok Sabha shall resign to facilitate new government formation. • A minister shall not take any decision without being considered by the council of ministers per Article 78(c). All union cabinet members shall submit in writing to the President to propose proclamation of emergency by the president per Article 352. • According to the , the total number of ministers in the Council of Ministers must not exceed 15% of the total number of members of the House of the People. Ministers must be members of parliament. Any minister who is not a member of either the lower or upper houses of parliament for six consecutive months is automatically stripped off his or her ministerial post Composition of Council of Minister • There are five categories of council of ministers as given below, in descending order of rank: • Prime Minister • (if any): presides as Prime Minister in his absence or as the senior most cabinet minister. • Cabinet Minister: member of cabinet; leads a ministry • Minister of State (Independent Charges): junior minister not reporting to a cabinet minister • Minister of State (MoS): junior minister reporting to a cabinet minister, usually tasked with a specific responsibility in that ministry State –Executive - • Art-153-167, Part VI – The Governor acts the Chief Executive Head • The Governors in India are the constitutional heads. They are heads of the twenty-nine states. Moreover, they are appointed by the President for a term of five years. • A governor must act according to the advice of council ministers, headed by the chief minister. • While the states are ruled by Governors and the Union Territories are ruled by Lieutenant-Governors or Administrators. • Qualifications • Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows: • A governor must: • be a citizen of India. • be at least 35 years of age. • not be a member of the either house of the parliament or house of the state legislature. • not hold any other office of profit. Appointment of Governor • The Governor of the States of India is appointed by the President of India for a period of five years. • A Governor may be simultaneously assignee to more than one state. • A Governor is appointed for a period of 5 years. The President, if he so pleases may extend his tenure. A vacancy in the Governor’s post arises, if: • (a) when the Governor completes his tenure, • (b) resigns, (c) dies in office, and • (d) is removed from office by the President. • The Governors also have often been transferred from one state to another. Powers and Functions • Executive powers related to administration, appointments and removals, • Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad, • Discretionary powers to be carried out according to the discretion of the governor • Executive powers-The governor appoints the chief minister, who enjoys the support of the majority in the Legislative Assembly. The governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the chief minister. • He or she also appoints the Advocate General and the chairman and members of the State Public Service Commission. The president consults the governor in the appointment of judges of the High Courts and the governor ap. • Legislative powers-The governor summons the sessions of both houses of the state legislature and prorogues them. The governor can even dissolve the Vidhan Sabha. • Judicial Power- appoints the Chief Justice and other judges . The governor has no pardon power to pardon death punishment , but can suspend, remit or commute it. Removal • The term of governor's office is normally 5 years but it can be terminated earlier by: • Dismissal by the president (usually on the advice of the prime minister of the country) at whose pleasure the governor holds office. Dismissal of Governors without valid reason is not permitted. However, it is the duty of the President to dismiss a Governor whose acts are upheld by courts as unconstitutional and malafide • Resignation by the governor • There is no provision for impeachment, as it happens for the president. Chief Minister

• In the Republic of India, a Chief Minister is the elected head of government • The Governor appoints and swears in the Chief Minister, whose council of ministers are collectively responsible to the assembly. Based on the Westminster system, given that he retains the confidence of the assembly, the Chief Minister's term can last for the length of the assembly's life—a maximum of five years. There are no limits to the number of terms that the Chief Minister can serve Eligibility • A Chief Minister must be: • a citizen of India. • should be a member of the state legislature. If a person is elected chief minister who is not a member of the legislature, then he/she must take sign from governor. • of 25 years of age or more • Election-The chief minister is elected through a majority in the state legislative assembly. • Method of Appointment of the Chief Minister: the Chief Minister is appointed by the Governor Powers and Functions of the Chief Minister:

• The Chief Minister has the power of forming a ministry of his choice. The Constitution gives him the freedom to select his ministers. He is quite free in the choice of his ministers State Council of Ministers

• Every state in India is governed by its council of ministers with rules and procedure similar to union council of ministers per Articles 163, 164 and 167(c). There is no concept of cabinet rank min • Formation of the State Council of Ministers: • The procedure for the formation of the Council of Ministers at the state level is the same as in the case of the Union Council of Ministers. After each general election, the party or the group which secures majority in the State Legislative Assembly elects its leader. The Governor then summons him to form the ministry. Formation of the State Council of Ministers: • The procedure for the formation of the Council of Ministers at the state level is the same as in the case of the Union Council of Ministers. After each general election, the party or the group which secures majority in the State Legislative Assembly elects its leader. The Governor then summons him to form the ministry. • The strength of the State Council of Ministers cannot be more than 15% of the strength of State Legislative Assembly. Categories of Ministers in the State Council of Ministers: • (a) Cabinet Ministers: • Cabinet Ministers are those ministers who are given cabinet rank. They hold independent charge of the important departments, like finance, Local Bodies, home affairs, health etc. They together determine the policies of the state. The CM and the cabinet ministers together constitute the State Cabinet. It is the most powerful part of the State Council of Ministers. • (b) Ministers of State: • They enjoy number two status in the Ministry. They do not attend the meetings of the Cabinet. They help the cabinet ministers and are attached to them in their departments. Currently, several Parliamentary Secretaries are appointed by the Chief Minister from amongst his party MLAs. THANK YOU