Government building and Indian flag symbolizing executive power

The Union Executive: Governing India

Exploring the constitutional roles and powers of the President, Vice-President, Prime Minister, and Council of Ministers.

Introduction

The Union Executive is the branch of the Indian government responsible for implementing and enforcing laws. Headed by the President, the nominal executive, its real power lies with the Prime Minister and the Council of Ministers, who are collectively responsible to the Lok Sabha. This parliamentary system, inspired by the British model, ensures accountability and collaboration between the executive and legislative branches. This section meticulously details the constitutional positions, powers, functions, election/appointment procedures, and the intricate relationships between the President, Vice-President, Prime Minister, Council of Ministers, and the Attorney General, highlighting their distinct roles in the governance of the Union.

4.1.1: The President (Articles 52-62, 71-73, 74-75, 77-78, 85, 86, 87, 108, 111, 123, 143, 352, 356, 360, 361)

Constitutional Position

  • Head of State: The President is the formal head of the executive, legislative, and judicial organs of the Union and also the supreme commander of the Indian Armed Forces.
  • First Citizen: The President is considered the first citizen of India.
  • Symbol: Serves as the symbol of unity, integrity, and solidarity of the nation.

Source: M. Laxmikanth, 'President'.

Election of the President

The President is elected not directly by the people but by an electoral college.

Electoral College (Article 54):

  • Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
  • Elected members of the Legislative Assemblies of the states.
  • Elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry (70th Constitutional Amendment Act, 1992, included them).
  • Exclusion: Nominated members of Lok Sabha, Rajya Sabha, and State Legislative Assemblies, as well as members of State Legislative Councils (both elected and nominated), do not participate in the election.

Manner of Election (Article 55):

  • The election is held in accordance with the system of proportional representation by means of single transferable vote.
  • The voting is by secret ballot.

Value of Vote: Formulae and Rationale (Article 55):

To ensure uniformity among states and parity between the Union and the states in the presidential election, a value is attached to each vote.

  • Value of an MLA's vote = (Total population of a state / Total number of elected MLAs in the state) x (1 / 1000)
  • Value of an MP's vote = (Total value of votes of all elected MLAs of all states / Total number of elected MPs in Parliament)

Rationale:

  • There is uniformity in the scale of representation of different states.
  • There is parity between the votes of the MPs and MLAs, meaning the total value of votes of all MPs is roughly equal to the total value of votes of all MLAs.

Disputes regarding election (Article 71):

  • All doubts and disputes shall be inquired into and decided by the Supreme Court whose decision shall be final.
  • The election of a person as President shall not be called in question on the ground of the existence of any vacancy among the members of the electoral college.

Source: The Constitution of India, Art 54, 55, 71; M. Laxmikanth.

Qualifications (Article 58)

  • Be a citizen of India.
  • Have completed 35 years of age.
  • Be qualified for election as a member of the Lok Sabha.
  • Must not hold any office of profit. (Incumbent President, VP, Governor, and Ministers are not considered to be holding an office of profit).

Source: The Constitution of India, Art 58; M. Laxmikanth.

Oath (Article 60)

Before entering office, the President takes an oath to faithfully execute the office, to preserve, protect, and defend the Constitution and the law, and to devote himself to the service and well-being of the people of India.

  • Administered by the Chief Justice of India (CJI) or, in his absence, the senior-most judge of the Supreme Court.

Source: The Constitution of India, Art 60; M. Laxmikanth.

Conditions of Office (Article 59)

  • Must not be a member of either House of Parliament or a State Legislature. If so, his seat becomes vacant on the date he enters office.
  • Must not hold any other office of profit.
  • Entitled to official residence (Rashtrapati Bhavan) without payment of rent.
  • Entitled to emoluments, allowances, and privileges as determined by Parliament (cannot be diminished during term).

Source: The Constitution of India, Art 59; M. Laxmikanth.

Term & Re-election (Articles 56, 57)

  • Holds office for a term of 5 years from the date he enters office.
  • Can resign by writing to the Vice-President.
  • Can be removed from office by impeachment.
  • Is eligible for re-election to that office any number of times (unlike US President).

Source: The Constitution of India, Art 56, 57; M. Laxmikanth.

Impeachment of the President (Article 61)

Ground:

  • The only ground for impeachment is 'Violation of the Constitution'.
  • The term 'Violation of the Constitution' is not defined in the Constitution.

Quasi-judicial Procedure:

  • The impeachment process is a quasi-judicial process, meaning it involves elements of both legislative and judicial functions.
  • An impeachment charge can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
  • Initiation: The charges must be signed by one-fourth (1/4th) of the total members of the House that is initiating the charges.
  • Notice: A 14-day advance notice must be given to the President.
  • Passage in Initiating House: The impeachment resolution must be passed by a majority of two-thirds (2/3rd) of the total membership of that House.
  • Investigation by Other House: The other House then investigates the charges (or causes the charges to be investigated). The President has the right to appear and be represented at such investigation.
  • Passage in Investigating House: If, after investigation, the other House also passes a resolution by a majority of two-thirds (2/3rd) of its total membership declaring that the charges have been sustained, the President stands removed from office from the date on which the resolution is so passed.

Important Note:

This is a very difficult and rarely used procedure. No Indian President has been impeached so far.

Source: The Constitution of India, Art 61; M. Laxmikanth.

Vacancy in President's Office (Article 62)

Causes of Vacancy:

  • Expiry of his term (normal 5 years).
  • By his resignation (to Vice-President).
  • By his removal through impeachment.
  • By his death.
  • Otherwise (e.g., when his election is declared void by the Supreme Court).

Timeframe for Election:

  • An election to fill a vacancy caused by the expiration of the term must be completed before the expiration of the term.
  • In case of other vacancies, the election must be held within six months from the date of the vacancy.

Acting President:

  • If the office falls vacant due to resignation, removal, death, or otherwise, the Vice-President acts as the President until a new President is elected.
  • If the Vice-President's office is also vacant, the Chief Justice of India, or in his absence, the senior-most judge of the Supreme Court, acts as the President (as per the Presidential (Discharge of Functions) Act, 1969).

Source: The Constitution of India, Art 62; M. Laxmikanth.

Powers of the President

The President of India is vested with numerous powers, though mostly exercised on the aid and advice of the Council of Ministers.

Executive Powers
All executive actions of GoI formally in his name (Art 77).
All executive actions of the Government of India are formally taken in his name.
Appoints PM and other ministers (on PM's advice); Attorney General; CAG; CEC & ECs; Chairman & members of UPSC, Finance Commission; Governors; Judges of SC & HCs; Administrators of UTs; etc.
The President makes all major appointments. The appointment of the Prime Minister (PM) is usually based on convention (leader of majority party), but has discretion in case of a hung Parliament or sudden death of PM. Other ministers are appointed on the PM's advice.
Can require PM to submit for consideration of CoM any matter on which decision taken by a minister but not considered by CoM (Art 78).
This power ensures collective responsibility and proper deliberation within the Council of Ministers.
Can seek information relating to administration and legislative proposals from PM (Art 78).
The President has a right to be informed about the administration and legislative agenda.
Directly administers UTs through administrators.
The President is the chief administrator of the Union Territories.
Power to declare any area as scheduled area and powers w.r.t administration of scheduled and tribal areas.
Ensures protection and welfare of tribal populations.
Appoints inter-state council (Art 263).
To promote cooperation between the Centre and states.

Source: The Constitution of India, relevant Articles; M. Laxmikanth.

Legislative Powers
Integral part of Parliament (Art 79).
Parliament consists of the President, Lok Sabha, and Rajya Sabha. No bill can become an Act without his assent.
Summons and prorogues Parliament, dissolves Lok Sabha (Art 85).
These powers are usually exercised on the advice of the Prime Minister and Council of Ministers.
Summons joint sitting of Parliament (Art 108).
To resolve deadlock between two Houses on an ordinary bill.
Addresses Parliament at commencement of first session after general election and first session each year (Art 87).
Lays down the government's policy and legislative agenda.
Sends messages to Houses of Parliament (Art 86).
Appoints Speaker/Deputy Speaker pro tem of Lok Sabha, Chairman/Deputy Chairman pro tem of Rajya Sabha.
Nominates 12 members to Rajya Sabha; (formerly nominated 2 Anglo-Indians to Lok Sabha - discontinued by 104th Amdt).
12 members to Rajya Sabha from fields of art, literature, science, social service. The provision for nominating 2 Anglo-Indians to Lok Sabha was discontinued by the 104th Constitutional Amendment Act, 2019.
Decides on questions of disqualification of MPs in consultation with EC (Art 103).
Decides on questions of disqualification of MPs (except on grounds of defection) in consultation with the Election Commission.
Prior recommendation/permission for certain bills (e.g., Money Bills, bills affecting state boundaries).
Certain bills require his prior recommendation for introduction in Parliament.
Assent to Bills (Article 111):
  • Assent: A bill becomes an Act only after his assent.
  • Absolute Veto: Withholds assent to a bill passed by Parliament. (Usually for private member bills or government bills after the cabinet resigns).
  • Suspensive Veto: Returns a bill for reconsideration. If Parliament passes it again (with or without amendments), President must give assent.
  • Pocket Veto: Neither gives assent nor rejects nor returns the bill. He simply keeps the bill pending for an indefinite period. (Example: President Zail Singh's use on the Indian Post Office (Amendment) Bill, 1986).
  • No veto for Constitutional Amendment Bills: President must give assent to a constitutional amendment bill (24th Amendment Act, 1971).
Promulgation of Ordinances (Article 123) when Parliament not in session:
  • Purpose: To deal with unforeseen or urgent matters when Parliament is not in session.
  • Nature: Has the same force and effect as an Act of Parliament.
  • Limitations: Can be issued only when both Houses are not in session or one House is not in session. It must be approved by Parliament within six weeks of its reassembly. Can be withdrawn by the President at any time.
  • Judicial Review: Subject to judicial review. The Supreme Court in R.C. Cooper case (1970) and D.C. Wadhwa case (1987) held that re-promulgation of ordinances without legislative approval is unconstitutional and a fraud on the Constitution.
Lays reports of CAG, UPSC, Finance Commission, etc., before Parliament.
Can make regulations for peace, progress, good government of certain UTs.
For Andaman & Nicobar, Lakshadweep, D&NH & D&D, Ladakh.

Source: The Constitution of India, relevant Articles; M. Laxmikanth; SC judgments.

Financial Powers
Money Bills introduced in Parliament only with prior recommendation.
Causes Annual Financial Statement (Union Budget) to be laid before Parliament (Art 112).
No demand for grant except on his recommendation.
Can make advances out of Contingency Fund of India.
To meet unforeseen expenditure.
Constitutes Finance Commission every five years (Art 280).
To recommend distribution of revenues between Centre and states.

Source: The Constitution of India, relevant Articles; M. Laxmikanth.

Judicial Powers
Appoints CJI and judges of SC and HCs.
Seeks advice from Supreme Court on any question of law or fact (Advisory Jurisdiction - Article 143).
  • The President can refer two types of matters to the Supreme Court for its advisory opinion:
    • Any question of law or fact of public importance (SC may or may not give advice, but it's usually given).
    • Any dispute arising out of any pre-Constitution treaty, agreement etc. (SC must give advice).
  • The advice tendered by the Supreme Court is not binding on the President.
Pardoning Power (Article 72) – Power to grant pardon, reprieve, respite, remission, or to suspend, remit, or commute sentence:
  • Pardon: Removes both conviction and sentence completely.
  • Commutation: Substitutes one form of punishment for a lighter one (e.g., death sentence to rigorous imprisonment).
  • Remission: Reduces the period of sentence without changing its character (e.g., 10 years RI to 5 years RI).
  • Respite: Awards a lesser sentence in special circumstances (e.g., pregnancy, physical disability).
  • Reprieve: Stays the execution of a sentence (especially death sentence) for a temporary period.
  • Scope: Applies to punishment by court martial, offences against Union law, and all cases of sentence of death.
  • Nature: It is an independent power of the Executive, not subject to judicial review in its merits, but subject to review if exercised arbitrarily, irrationally, or malafide.
  • Advice: Exercised on the advice of the Council of Ministers.
  • Judicial Review: In Epuru Sudhakar case (2006), the SC ruled that the President's/Governor's pardoning power is subject to judicial review, and can be quashed if it is arbitrary, irrational, or discriminatory.

Source: The Constitution of India, relevant Articles; M. Laxmikanth; SC judgments.

Diplomatic Powers

  • International treaties and agreements are negotiated and concluded in his name (though subject to Parliament's approval).
  • Represents India in international forums and sends and receives diplomats (ambassadors, high commissioners).

Source: M. Laxmikanth.

Military Powers

  • He is the Supreme Commander of the Defence Forces of India.
  • Appoints the chiefs of Army, Navy, and Air Force.
  • Declares war or concludes peace (subject to Parliament's approval).

Source: M. Laxmikanth.

Emergency Powers

Vested with three types of emergency powers:

  • National Emergency (Article 352): War, external aggression, or armed rebellion.
  • President's Rule (State Emergency - Article 356): Failure of constitutional machinery in a state.
  • Financial Emergency (Article 360): Threat to financial stability or credit of India.

Source: The Constitution of India, relevant Articles; M. Laxmikanth.

Constitutional Position: Nominal Head

India has adopted the parliamentary system of government, where the President is a nominal (titular or de jure) executive, while the Prime Minister and the Council of Ministers are the real (de facto) executive.

  • Bound by aid and advice of Council of Ministers (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." This establishes the principle that the President is bound by the aid and advice of the Council of Ministers.
  • 42nd Amendment (1976) made advice binding: The 42nd Constitutional Amendment Act, 1976, specifically inserted a clause in Article 74(1) stating that the President "shall act in accordance with such advice."
  • 44th Amendment (1978) allowed President to return advice once for reconsideration. Reconsidered advice is binding: This amendment inserted a proviso to Article 74(1), stating that the President may require the Council of Ministers to reconsider such advice, but the President "shall act in accordance with the advice tendered after such reconsideration."
  • Nature of advice cannot be inquired into by any court (Art 74(2)): "The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court." This protects the confidentiality of ministerial advice.

Source: The Constitution of India, Art 74; M. Laxmikanth.

Situational Discretionary Powers

While the President generally acts on the advice of the Council of Ministers, there are certain situations where he may exercise situational discretion or personal discretion based on constitutional convention or practical necessity. These are not explicitly mentioned in the Constitution as discretionary powers but arise from the circumstances.

  • Appointment of PM: When no party has clear majority or when PM in office dies suddenly.
  • Dismissal of CoM: When it cannot prove confidence of Lok Sabha and refuses to resign.
  • Dissolution of Lok Sabha: If CoM has lost majority.
  • Use of Suspensive Veto: Returning a bill for reconsideration (explicit constitutional discretion).
  • Seeking information from PM: Under Art 78.
  • Referring advice back to CoM for reconsideration: Once (explicit constitutional discretion).

Source: M. Laxmikanth.

Immunities (Article 361)

  • The President is not answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
  • No criminal proceedings can be instituted or continued against the President in any court during his term of office.
  • No process for arrest or imprisonment of the President can be issued from any court during his term.
  • Civil proceedings against the President in his personal capacity (before or after entering office) can be instituted during his term only after giving a two-month advance notice.

Source: The Constitution of India, Art 361; M. Laxmikanth.

4.1.2: The Vice-President (Articles 63-71, 73)

  • Second highest office: Ranks second in the order of precedence.
  • Modelled on US VP: The office of the Indian Vice-President is largely modelled on the American Vice-President, but there are differences.

Source: M. Laxmikanth, 'Vice-President'.

Election of the Vice-President (Article 66)

Electoral College:

  • Elected members of both Houses of Parliament.
  • Nominated members of both Houses of Parliament.
  • Exclusion: Members of state legislative assemblies (MLAs) do not participate. This is a key difference from the President's election.

Manner:

  • Proportional representation by means of single transferable vote; secret ballot. (Same manner as President)

Source: The Constitution of India, Art 66; M. Laxmikanth.

Qualifications (Article 66(3))

  • Be a citizen of India.
  • Have completed 35 years of age.
  • Be qualified for election as a member of the Rajya Sabha.
  • Must not hold any office of profit.

Source: The Constitution of India, Art 66; M. Laxmikanth.

Oath (Article 69)

Administered by the President or some person appointed in that behalf by him.

Source: The Constitution of India, Art 69; M. Laxmikanth.

Conditions of Office (Article 66(2))

  • Must not be a member of either House of Parliament or a State Legislature. If so, his seat becomes vacant on the date he enters office.
  • Must not hold any other office of profit.

Source: The Constitution of India, Art 66; M. Laxmikanth.

Term & Re-election (Article 67)

  • Holds office for a term of 5 years.
  • Can resign by writing to the President.
  • Can be removed by a resolution of Rajya Sabha.
  • Eligible for re-election any number of times.

Source: The Constitution of India, Art 67; M. Laxmikanth.

Removal of the Vice-President (Article 67(b))

Can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha (effective majority) and agreed to by the Lok Sabha by a simple majority.

  • Initiation: The resolution can be introduced only in the Rajya Sabha.
  • Notice: A 14-day advance notice must be given.
  • Nature: This is a much simpler procedure than the President's impeachment. There is no formal impeachment process for the Vice-President.

Source: The Constitution of India, Art 67; M. Laxmikanth.

Vacancy in Vice-President's Office (Article 68)
  • An election to fill a vacancy caused by the expiration of the term must be completed before the expiration of the term.
  • In case of other vacancies (resignation, removal, death, etc.), the election must be held as soon as possible after the occurrence of the vacancy. The Constitution does not fix a time limit (like 6 months for President) for holding the election in this scenario.

Source: The Constitution of India, Art 68; M. Laxmikanth.

Powers of the Vice-President

  • Ex-officio Chairman of Rajya Sabha (Article 64): His powers and functions in this capacity are similar to those of the Speaker of the Lok Sabha. He is not a member of the Rajya Sabha and hence cannot vote in the first instance. He has a casting vote in case of a tie.
  • Acts as President (Article 65): He acts as the President when a vacancy occurs due to resignation, removal, death, or otherwise. Can act as President for a maximum period of six months, within which a new President must be elected. While acting as President, he is entitled to the emoluments, allowances, and privileges of the President. He does not perform the duties of the Chairman of Rajya Sabha during this period. The Deputy Chairman of Rajya Sabha performs those duties.
  • Discharges President's functions: When President unable to act due to absence, illness etc.

Source: The Constitution of India, Art 64, 65; M. Laxmikanth.

Emoluments

  • The Constitution provides that the Vice-President is paid the salary and allowances of the Chairman of the Rajya Sabha.
  • When acting as President, he draws the salary and allowances of the President.

Source: M. Laxmikanth.

Indian VP vs. American VP

Feature Indian Vice-President American Vice-President
Electoral College Elected & Nominated MPs (State MLAs not included). Elected by Electoral College (includes state electors).
Primary Role Ex-officio Chairman of Rajya Sabha. Ex-officio Chairman of Senate.
Succession to President Acts as President for max 6 months until new election. Becomes President for the unexpired term of the predecessor.

Source: M. Laxmikanth.

4.1.3: The Prime Minister (Articles 74, 75, 78)

  • Real Executive Head (de facto executive): The President is the nominal head, but the Prime Minister (PM) is the real executive authority.
  • Head of Government: The PM is the head of the government.
  • Keystone of Cabinet arch: Dr. B.R. Ambedkar described the PM as the "keystone of the Cabinet arch."
  • Inter stellas luna minores: "Moon among the stars" - denoting the PM's pre-eminence among ministers.

Source: M. Laxmikanth, 'Prime Minister and Council of Ministers'.

Appointment (Article 75(1))

  • The Prime Minister shall be appointed by the President.
  • Convention: The President appoints the leader of the party or coalition that commands a majority in the Lok Sabha as the Prime Minister.
  • President's Discretion: In situations of a hung Parliament or when the incumbent PM dies suddenly and there is no obvious successor, the President can exercise discretion.

Source: The Constitution of India, Art 75; M. Laxmikanth.

Oath, Term, Salary

  • Oath: Administered by the President. Takes oaths of office and secrecy.
  • Term: Not fixed. He holds office during the pleasure of the President. (Contingent on commanding majority in Lok Sabha).
  • Salary: Determined by Parliament from time to time.

Source: M. Laxmikanth.

Membership (Article 75(5))

A person who is not a member of either House of Parliament can be appointed as PM, but he must become a member of either House within six months, failing which he ceases to be the PM.

Source: The Constitution of India, Art 75(5); M. Laxmikanth.

Powers and Functions of the Prime Minister

In Relation to Council of Ministers
Recommends persons for appointment as ministers.
Allocates and reshuffles portfolios among ministers.
Can ask a minister to resign or advise President to dismiss him.
Presides over meetings of CoM, influences its decisions.
Guides, directs, controls, coordinates activities of all ministers.
Can bring about collapse of CoM by resigning.
As the PM is the head of the CoM, his resignation or death automatically dissolves the Council of Ministers.

Source: M. Laxmikanth.

In Relation to the President
Principal channel of communication between President and CoM (Art 78).
It is the duty of the PM to: Communicate to the President all decisions of the CoM; Furnish information; Submit for consideration of the CoM any matter decided by a minister but not considered by the Council.
Advises President on appointments of important officials. (e.g., AG, CAG, CEC, UPSC Chairman, Ambassadors).
Advises President to summon/prorogue Parliament, dissolve Lok Sabha.

Source: The Constitution of India, Art 78; M. Laxmikanth.

In Relation to Parliament
Leader of the Lower House (usually).
As the leader of the Lok Sabha, he controls the proceedings and business of the House.
Announces government policies on floor of House.

Source: M. Laxmikanth.

Other Powers and Functions
Chairman of NITI Aayog, National Development Council (defunct), National Integration Council, Inter-State Council, National Water Resources Council.
Significant role in foreign policy formulation.
Chief spokesperson of Union Government.
Crisis manager-in-chief at political level.
Leader of party in power / Leader of nation.

Source: M. Laxmikanth.

Role Descriptions of the PM

  • Primus inter pares: "First among equals" - a traditional description indicating PM's pre-eminence but also equality among cabinet colleagues (though in modern times, PM is more dominant).
  • Keystone of the Cabinet arch: Dr. B.R. Ambedkar's description. The PM is central to the formation and functioning of the Council of Ministers.
  • Captain of the ship of state: Symbolizes the PM's leadership role in steering the government.
  • Other descriptions: "Sun around which planets (ministers) revolve" (Lord Morley); "pivot of the whole system of government" (Ramsay Muir); "central to the formation, central to the life, central to the death" of the Council of Ministers (Ivor Jennings).

Source: M. Laxmikanth.

Relationship with the President

The relationship is defined by constitutional provisions and conventions:

  • Article 74: CoM (headed by PM) to aid and advise President; advice binding (42nd & 44th Amdt).
  • Article 75: PM appointed by President, other ministers by President on PM's advice; collective responsibility to Lok Sabha.
  • Article 78: PM's duty to communicate decisions/information to President; President can seek information and ask CoM to reconsider decisions of ministers.

The relationship is essentially one of nominal head vs. real head, where the President acts on the aid and advice of the PM-led Council of Ministers, with limited situational discretion.

Source: M. Laxmikanth.

Key Prime Ministers of India (Brief)

Jawaharlal Nehru (1947-1964): First PM, architect of modern India, non-alignment, planned economy.
Lal Bahadur Shastri (1964-1966): "Jai Jawan Jai Kisan," 1965 Indo-Pak war.
Indira Gandhi (1966-1977, 1980-1984): Green Revolution, Bank Nationalisation, 1971 war, Emergency, 42nd Amendment.
Morarji Desai (1977-1979): First non-Congress PM, 44th Amendment.
Rajiv Gandhi (1984-1989): IT revolution, anti-defection law.
P.V. Narasimha Rao (1991-1996): Economic reforms (LPG), minority government.
Atal Bihari Vajpayee (1996, 1998-2004): Nuclear tests, Kargil war, Golden Quadrilateral, various reforms.
Manmohan Singh (2004-2014): UPA era, RTI, NREGA, economic growth.
Narendra Modi (2014-Present): GST, Demonetisation, Swachh Bharat, Digital India, various schemes.

Source: General Knowledge, Political History.

4.1.4: Central Council of Ministers (Articles 74, 75)

Constitutional Provisions (Articles 74 & 75)

  • 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." (As amended by 42nd & 44th Amendments).
  • Article 74(2): "The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court." This protects the confidentiality of ministerial advice.
  • PM appointed by President: Other ministers appointed by President on PM's advice.
  • Total ministers, including PM, not to exceed 15% of total strength of Lok Sabha (91st Amendment, 2003): Added this provision to limit the size of the Council of Ministers and prevent jumbo cabinets.
  • Disqualification of minister on ground of defection if disqualified as MP (91st Amendment): A member of either House of Parliament belonging to any political party who is disqualified on the ground of defection under the Tenth Schedule shall also be disqualified to be appointed as a minister.
  • Ministers hold office during pleasure of President (effectively, pleasure of PM through President): A minister can be removed by the President, in practice, on the advice of the Prime Minister.
  • CoM collectively responsible to Lok Sabha (Art 75(3)) – Bedrock of parliamentary government: This is the most fundamental principle. If a no-confidence motion is passed, the entire CoM has to resign. They "swim or sink together."
  • Oath of office and secrecy administered by President.
  • Minister must be MP within 6 months. (Same as for PM - Art 75(5)).
  • Salaries and allowances determined by Parliament.

Source: The Constitution of India, Art 74, 75; 91st Amendment Act, 2003; M. Laxmikanth.

Categories of Ministers

  • Cabinet Ministers: Head important ministries (Home, Finance, Defence etc.). Members of the Cabinet, attend its meetings, play crucial role in policy decisions.
  • Ministers of State (Independent Charge): In charge of ministries/departments independently. Attend Cabinet meetings only when specifically invited.
  • Ministers of State (Attached): Attached to Cabinet Ministers and assist them. Do not have independent charge and do not attend Cabinet meetings.
  • Deputy Ministers: Attached to Cabinet Ministers or Ministers of State, assist in administrative, parliamentary, political duties. Not in charge of departments, not members of Cabinet.

Source: M. Laxmikanth.

Council of Ministers vs. Cabinet

Feature Council of Ministers Cabinet
Size Wider body, all categories of ministers (60-70 ministers). Smaller body, only Cabinet ministers (15-20 ministers).
Constitutional Status Constitutionally recognized (Art 74, 75). Conceptually evolved; 'Cabinet' inserted in Art 352 (44th Amdt).
Functions Collectively responsible to LS, advises President formally. Nucleus of CoM, exercises powers of CoM in practice, makes all major policy decisions.
Meetings Rarely meets as a whole. Meets frequently (weekly) to deliberate and make decisions.
Power Formal body. Real power centre.

Source: M. Laxmikanth.

Functions of the Cabinet

  • Highest decision-making body in the politico-administrative system.
  • Chief policy-formulating body of the Central Government.
  • Supreme executive authority of the Central Government.
  • Chief coordinator of Central administration.
  • Advisory body to the President.
  • Chief crisis manager and deals with all major emergencies.
  • Deals with major legislative and financial matters.
  • Controls higher appointments.

Source: M. Laxmikanth.

Kitchen Cabinet

  • Meaning: An informal body, much smaller than the formal Cabinet, consisting of the Prime Minister and two to four influential colleagues (or sometimes outside trusted advisors/family members).
  • Purpose: The PM often consults this inner circle to make crucial decisions and for confidential matters.
  • Merits: Faster decision-making, better coordination, high secrecy.
  • Demerits: Can undermine the collective responsibility of the full Cabinet, lead to concentration of power, and bypass wider ministerial consultation.

Source: M. Laxmikanth.

Responsibilities of Ministers

  • Collective Responsibility (Art 75(3)) – Swim and sink together: The Council of Ministers is collectively responsible to the Lok Sabha. This implies that all ministers are united in their decisions, and if a no-confidence motion is passed, the entire CoM has to resign.
  • Individual Responsibility (Art 75(2)): Ministers hold office during the pleasure of the President. In practice, they hold office as long as they enjoy the confidence of the Prime Minister. The PM can ask a minister to resign or advise the President to dismiss him.
  • No Legal Responsibility (Unlike Britain): In India, there is no system of legal responsibility of a minister for an official act of the President. The minister is not required to countersign the official acts of the President. Courts cannot inquire into advice given by ministers to President.

Source: The Constitution of India, Art 75; M. Laxmikanth.

4.1.5: Cabinet Committees

  • Nature: Cabinet Committees are extra-constitutional in nature, meaning they are not mentioned in the Constitution. They are constituted under the Rules of Business of the Government of India, derived from Article 77(3) of the Constitution.
  • Types:
    • Standing Committees: Permanent in nature (e.g., Cabinet Committee on Political Affairs).
    • Ad hoc Committees: Temporary, constituted for specific tasks, and cease to exist once the task is completed (e.g., Cabinet Committee on price rise).
  • Composition: They usually comprise a few Cabinet Ministers. The Prime Minister is typically the Chairman of important committees like the Cabinet Committee on Political Affairs (CCPA) and the Cabinet Committee on Security (CCS).

Source: M. Laxmikanth.

Major Cabinet Committees

  • Cabinet Committee on Political Affairs (CCPA): "Super Cabinet," deals with all policy matters.
  • Cabinet Committee on Economic Affairs (CCEA): Deals with economic policy and programmes.
  • Appointments Committee of the Cabinet (ACC): Deals with all major appointments.
  • Cabinet Committee on Security (CCS): Deals with defence, internal security, and foreign policy matters with security implications.
  • Cabinet Committee on Parliamentary Affairs: Deals with government business in Parliament.
  • Cabinet Committee on Accommodation: Deals with allotment of accommodation to MPs and ministers.

Source: M. Laxmikanth; Cabinet Secretariat.

Functions of Cabinet Committees

  • Facilitate decision-making: By resolving issues and formulating proposals for the Cabinet.
  • Reduce workload: Cabinet is too large to handle every matter in detail.
  • In-depth examination: Allow for detailed scrutiny of policy issues.
  • Coordination: Ensure inter-ministerial coordination.

Source: M. Laxmikanth.

Groups of Ministers (GoMs)

  • Nature: Ad hoc bodies set up by the Cabinet for specific issues or proposals. They are smaller than Cabinet Committees and temporary.
  • Role: To deliberate on specific issues and make recommendations to the Cabinet.
  • Evolution: While GoMs were frequently constituted in past governments, their prominence has somewhat changed. They were often replaced by Empowered Groups of Ministers (EGoMs) which had greater decision-making powers. However, since 2014, the trend has been towards fewer EGoMs/GoMs, with more direct decision-making by the Cabinet or PMO.

Source: M. Laxmikanth; Cabinet Secretariat, news analyses.

4.1.6: Attorney General of India (Article 76)

  • Article 76: Provides for the office of the Attorney General for India.
  • He is the highest law officer of the country.
  • He is part of the Union Executive but is not a member of the Council of Ministers (and hence cannot vote in Parliament).

Source: The Constitution of India, Art 76; M. Laxmikanth, 'Attorney General of India'.

Appointment, Qualifications, Term, Removal

  • Appointment: Appointed by the President.
  • Qualifications: Must be a person who is qualified to be appointed a judge of the Supreme Court (citizen of India, 5 years HC judge OR 10 years HC advocate OR distinguished jurist in President's opinion).
  • Term: The Constitution does not fix the term of office.
  • Tenure: Holds office during the pleasure of the President.
  • Removal: The Constitution does not specify the procedure for his removal. He may be removed by the President at any time.
  • Convention: Traditionally, he resigns when the government (Council of Ministers) that appointed him resigns, as he is appointed on their advice.

Source: The Constitution of India, Art 76; M. Laxmikanth.

Duties of the Attorney General

  • Give advice to GoI on legal matters referred by President.
  • Perform other duties of legal character assigned by President.
  • Discharge functions conferred by Constitution or any other law.
  • Appear on behalf of GoI in SC and HCs. (To represent the Government of India in all cases in the Supreme Court and in any High Court in which the Government of India is concerned).
  • Represent GoI in any reference made by President to SC under Art 143.

Source: The Constitution of India, Art 76; M. Laxmikanth.

Rights and Limitations of the AG

  • Right of audience in all courts in India. (Can speak in any court in the territory of India).
  • Right to speak and take part in proceedings of both Houses of Parliament or joint sittings, and any parliamentary committee of which he may be named a member (but without right to vote). (Article 88: This right allows him to address Parliament and participate in discussions, without being a member of Parliament).
  • Enjoys privileges and immunities of an MP.
  • Limitations:
    • Should not advise or hold brief against GoI.
    • Should not defend accused in criminal prosecutions without GoI permission.
    • Should not accept directorship in any company without GoI permission.
    • Not a full-time counsel, not debarred from private legal practice. (These are conventions laid down by the government, not constitutional restrictions).

Source: The Constitution of India, Art 88; M. Laxmikanth.

Solicitor General & Additional Solicitors General

  • The Attorney General is assisted by the Solicitor General of India and Additional Solicitors General of India.
  • These are not constitutional posts (not mentioned in Article 76). They are statutory posts that assist the AG in fulfilling his duties.

Source: M. Laxmikanth.

Prelims-ready Notes

  • President (Art 52-62, etc.):
    • Constitutional Position: Head of State, First Citizen, Symbol of Nation.
    • Election (Art 54, 55): Electoral College (Elected MPs, Elected MLAs of States, Delhi & Puducherry - 70th Amend); Manner (Proportional Rep. by Single Transferable Vote; Secret Ballot); Vote Value Formulae; Disputes (Art 71) by SC.
    • Qualifications (Art 58): 35 yrs, Citizen, Qualified for LS member, no office of profit.
    • Oath (Art 60): CJI (or senior SC judge).
    • Term (Art 56): 5 years. Re-eligible (Art 57).
    • Impeachment (Art 61): Ground "Violation of the Constitution" (undefined); Quasi-judicial; Initiated by either House (1/4th sign, 14 days notice); 2/3rd total membership of initiating House; Investigated by other House (President's right to appear); 2/3rd total membership of investigating House.
    • Vacancy (Art 62): Election within 6 months. VP acts (max 6 months). CJI/senior SC judge acts if VP unavailable.
    • Powers: Executive (Art 77, 78 appointments, UTs); Legislative (Art 79 Parliament part, Art 85 summons/prorogues LS dissolves, Art 108 joint sitting, Art 111 Assent/Vetoes - Absolute, Suspensive, Pocket, NO veto for Const. Amend. Bills - 24th Amend, Art 123 Ordinances - judicial review possible); Financial (Money bills rec, Art 112 Budget, Contingency Fund, Art 280 FC); Judicial (Judges, Art 143 Advisory, Art 72 Pardoning Power - judicial review possible); Diplomatic; Military; Emergency (Art 352, 356, 360).
    • Constitutional Position: Nominal Head. Bound by CoM advice (Art 74(1) - 42nd & 44th Amend); Advice not inquire-able in court (Art 74(2)).
    • Discretionary Powers (Situational): Appoint PM (hung Parl/PM dies), dismiss CoM (lost majority), dissolve LS (lost majority), Suspensive Veto, seeking info from PM (Art 78), returning advice.
    • Immunities (Art 361): Not answerable in court for official acts; no criminal proceedings/arrest during term; civil proceedings with 2 months notice.
  • Vice-President (Art 63-71, 73):
    • Constitutional Position: Second highest office, modelled on US VP.
    • Election (Art 66): Electoral College (Elected & Nominated MPs only. No State MLAs). Manner (Proportional Rep. by Single Transferable Vote; Secret Ballot).
    • Qualifications (Art 66(3)): 35 yrs, Citizen, Qualified for RS member, no office of profit.
    • Oath (Art 69): Administered by President.
    • Term (Art 67): 5 years. Eligible for re-election.
    • Removal (Art 67(b)): Resolution by RS (effective majority) & agreed by LS (simple majority). Only in RS. 14 days notice. No impeachment.
    • Vacancy (Art 68): Election ASAP (no 6-month limit like President).
    • Powers: Ex-officio Chairman of RS (Art 64 - like LS Speaker, Casting vote); Acts as President (Art 65 - when vacancy/absence/illness, Max 6 months, gets President's salary, doesn't act as RS Chairman).
    • Emoluments: As Chairman of RS.
    • Comparison with US VP: US VP becomes President for unexpired term; Indian VP acts for max 6 months.
  • Prime Minister (Art 74, 75, 78):
    • Constitutional Position: Real Executive Head (de facto), Head of Government, Keystone of Cabinet.
    • Appointment (Art 75(1)): By President. Convention: Leader of LS majority. President's discretion if hung Parl/PM dies.
    • Term: Not fixed. Pleasure of President (as long as majority in LS).
    • Membership: Must be MP within 6 months.
    • Powers: CoM relations, President relations (Art 78 Principal Communicator), Parliament relations, Other (NITI Aayog Chairman, Foreign Policy).
    • Role Descriptions: Primus inter pares, Keystone, Captain of ship.
    • Relationship with President: Art 74, 75, 78 define it (nominal vs real head).
  • Central Council of Ministers (CoM) (Art 74, 75):
    • Art 74: Aid & advise President; advice binding (42nd/44th Amend); advice not inquire-able in court (Art 74(2)).
    • Art 75: PM appointed by President, others by President on PM's advice.
    • Size (91st Amend, 2003): Max 15% of total LS strength (incl. PM).
    • Disqualification (91st Amend): Defecting MP disqualified as minister.
    • Tenure: Pleasure of President (effectively PM).
    • Collective Responsibility (Art 75(3)): To LS (swim/sink together). Bedrock.
    • Individual Responsibility (Art 75(2)): To President (effectively PM).
    • Oath: Administered by President. Membership: Minister must be MP within 6 months.
    • Composition: Cabinet Ministers, Ministers of State (Independent/Attached), Deputy Ministers.
    • Cabinet vs CoM: CoM (Wider, Formal, Constit.); Cabinet (Smaller, Real power centre, Policy-making core, Not Constit. but used in Art 352).
    • Kitchen Cabinet: Informal inner circle of PM.
    • No Legal Responsibility: Unlike UK, ministers not required to countersign.
  • Cabinet Committees:
    • Nature: Extra-constitutional, from Rules of Business.
    • Types: Standing (permanent) & Ad hoc (temporary).
    • Composition: Mostly Cabinet Ministers, PM chairs key ones.
    • Functions: Reduce Cabinet workload, in-depth policy exam, coordination.
    • GoMs: Ad hoc, largely replaced by EGoMs, but prominence shifted.
  • Attorney General of India (AG) (Art 76):
    • Constitutional Position: Highest law officer, part of Union Executive (not CoM member).
    • Appointment: By President. Qualifications: Same as SC Judge.
    • Term: Not fixed. Pleasure of President. Resigns with govt.
    • Duties: Advise GoI on legal matters, represent GoI in courts (SC, HCs), represent GoI in Art 143 references.
    • Rights: Right of audience in all courts. Right to speak/participate in Parliament (Art 88), but no vote. MP privileges.
    • Limitations: No brief against GoI, no criminal defence without GoI permission, no directorship without GoI permission. Not full-time counsel.
    • Assisted by: Solicitor General, Addl. Solicitors General (Statutory posts).

Mains-ready Analytical Notes

  • Parliamentary System - Nominal vs. Real Executive: The Indian Constitution establishes a parliamentary form of government where the President is the nominal head of state, while the Prime Minister and Council of Ministers constitute the real executive. This distribution of power, though seemingly dual, is fundamentally integrated by the principle of aid and advice (Art 74), where the President acts on the CoM's binding advice (as clarified by 42nd & 44th Amendments). This system prioritizes accountability of the executive to the legislature over a strict separation of powers.
  • The President's Role: Not a mere Rubber Stamp: While bound by advice, the President is not a powerless figure. The power to return advice once (44th Amendment), the right to information (Art 78), and various situational discretions (e.g., in hung Parliament, dismissal of government that loses confidence, use of suspensive veto) grant the President a significant moral authority and a role as a constitutional guardian. The President acts as a "Dignified Head" or "Constitutional Head" who preserves, protects, and defends the Constitution.
  • The Prime Minister: Pivot of the System: The PM is indeed the "keystone" of the Cabinet arch, holding immense power as the head of government, leader of the majority party, and chief spokesperson. The PM's authority extends to forming, reshuffling, and even dissolving the Council of Ministers, and shaping policy. The growth of the PMO (Prime Minister's Office) and phenomena like the 'Kitchen Cabinet' reflect the increasing centralization of power around the PM in modern Indian politics, sometimes raising concerns about inner-Cabinet functioning.
  • Collective Responsibility - Bedrock of Parliamentary Democracy: Article 75(3) is fundamental. It ensures that the Council of Ministers "swim or sink together," fostering unity and accountability to the Lok Sabha. This principle ensures that the government is continuously answerable to the elected representatives of the people, and a vote of no-confidence against one minister implies a vote against the entire government.
  • Attorney General: Balancing Government Counsel and Independent Jurist: The AG's unique constitutional position allows him to advise the government on legal matters while also enjoying certain rights and immunities akin to MPs. The AG's role becomes crucial in upholding the rule of law and ensuring that government actions are legally sound. The non-fixed tenure and pleasure doctrine ensure executive accountability, but critics sometimes point to potential for political influence.
  • Checks and Balances within the Executive:
    • President on CoM/PM: Can seek information, refer back advice once, situational discretion in forming/dismissing governments.
    • PM on Ministers: Can remove ministers, reallocate portfolios.
    • Parliament on Executive: Collective responsibility means Parliament can remove the government via no-confidence motion.
    • Judiciary on Executive: Judicial review of executive actions (e.g., ordinance re-promulgation - D.C. Wadhwa case, pardoning power - Epuru Sudhakar case) ensures legality and constitutionality.
  • Evolution of Executive Power: The journey from early PMs (Nehru's consensus-building) to later strong PMs (Indira Gandhi's assertive leadership, Modi's centralized style) illustrates how the office evolves based on personality, party strength, and political context, impacting the balance with other executive roles like the President.
  • Relevance to Governance: Understanding the executive structure is crucial for comprehending how policies are formulated, implemented, and how accountability is maintained in the Indian democratic setup.

Current Affairs and Recent Developments (Last 1 Year)

Presidential Election (2022)

The recent Presidential election saw Droupadi Murmu elected as the 15th President of India, highlighting the functioning of the electoral college (Art 54, 55). Her background as a tribal woman signifies the symbolic and representative role of the President as the 'First Citizen'. (Source: Election Commission of India, PIB).

New Attorney General (Appointed Oct 2022)

R. Venkataramani was appointed as the new Attorney General of India. Such appointments underscore the executive power of the President (on CoM's advice) and the continuing importance of the AG's role as the highest law officer. (Source: Ministry of Law & Justice, PIB).

Parliamentary Sessions and Ordinances

Recent parliamentary sessions and the government's legislative agenda often involve the President's role in summoning/proroguing Parliament (Art 85) and, occasionally, promulgating ordinances (Art 123) when Parliament is not in session. Debates around ordinance re-promulgation or delays in parliamentary sessions continue to highlight the executive's legislative power and judicial scrutiny. (Source: PRS Legislative Research, news reports).

Cabinet Reshuffles and Council of Ministers

Periodic cabinet reshuffles and changes in portfolios demonstrate the PM's power in relation to the Council of Ministers (Art 75) and the collective responsibility principle. (Source: PMO, news reports).

Advisory Jurisdiction of President (Art 143)

While less frequent, instances where the President may seek advice from the Supreme Court (e.g., on constitutional interpretation or inter-state disputes) highlight this unique judicial power. (Source: Supreme Court of India website, news reports).

UPSC Previous Year Questions (PYQs)

Prelims MCQs

  1. UPSC CSE 2022: With reference to the election of the President of India, consider the following statements:
    1. The value of the vote of each MLA varies from State to State.
    2. The value of the vote of MPs of Lok Sabha is more than that of MPs of Rajya Sabha.
    Which of the statements given above is/are correct?

    • (a) 1 only
    • (b) 2 only
    • (c) Both 1 and 2
    • (d) Neither 1 nor 2

    Hint: Statement 1 is correct (population difference between states). Statement 2 is incorrect (value of vote of an MP is the same for both LS and RS).

  2. UPSC CSE 2018: Consider the following statements:
    1. The President of India can summon a session of the Parliament at any time he deems fit.
    2. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
    Which of the statements given above is/are correct?

    • (a) 1 only
    • (b) 2 only
    • (c) Both 1 and 2
    • (d) Neither 1 nor 2

    Hint: Both statements are correct. President summons Parliament (Art 85), though typically on CoM's advice. VP is ex-officio Chairman of RS (Art 64).

  3. UPSC CSE 2015: Which of the following is not a discretionary power of the President of India?

    • (a) Appointment of the Prime Minister in case of hung Parliament.
    • (b) Dismissal of the Council of Ministers if it cannot prove its confidence in the Lok Sabha.
    • (c) Asking the Council of Ministers to reconsider the advice given to him.
    • (d) Appointing the judges of the Supreme Court.

    Hint: Appointment of SC judges is done on the advice of the Council of Ministers (via the Collegium's recommendation, which the President is bound by). The other three are situational discretions.

Mains Questions

  1. UPSC CSE 2022 (10 marks): "Discuss the role of the President of India as the guardian of the Constitution."

    Direction: This directly asks for the President's role. Focus on how the President, though a nominal head, acts as a constitutional guardian through his oath (to preserve, protect, defend), his limited situational discretions (e.g., in hung Parliament, dismissing government), his power to seek information (Art 78), his power to return advice once (44th Amdt), his role during emergencies, and his function as the final assenter to bills (including veto powers).

  2. UPSC CSE 2021 (15 marks): "Indian Constitution provides for the appointment of the Attorney General of India (AGI) as the chief legal advisor to the Government of India. Discuss his roles and responsibilities."

    Direction: This asks for a detailed account of the AG. Explain his constitutional position (Art 76, highest law officer, part of executive but not CoM). Detail his duties (advise GoI, appear in courts, represent GoI in Art 143 references). Discuss his rights (right of audience in all courts, participate in Parliament without voting) and limitations (no brief against GoI, not full-time). Briefly mention SG/ASG.

  3. UPSC CSE 2017 (10 marks): "The process of liberalization, globalization and privatization has had a profound impact on the working of the Indian Parliament. Comment."

    Direction: While focusing on Parliament, this question allows for discussion of the executive's (PM and CoM) increasing dominance in policy-making due to economic reforms, leading to a potential shift in the balance of power within the parliamentary system. The PM's role in economic decision-making (e.g., as Chairman of NITI Aayog/CCEA) becomes more prominent.

Trend Analysis

  • Prelims:
    • Factual Precision: Questions demand precise knowledge of Articles, numbers (e.g., 15% CoM size), time limits (6 months for Presidential election), and specific amendment numbers related to executive roles (e.g., 42nd, 44th, 70th, 91st, 104th).
    • Distinctions & Comparisons: Key distinctions are frequently tested, especially between President vs. VP electoral college, President's impeachment vs. VP's removal, CoM vs. Cabinet, and different types of vetoes.
    • Powers & Functions: Knowing the specific powers and functions of each executive head and body is crucial, along with the conditions or limitations associated with them (e.g., reasonable restrictions on ordinances, judicial review of pardons).
    • Constitutional Position: Understanding the 'nominal vs. real' executive concept for President and PM, and the 'pleasure doctrine' for ministers.
  • Mains:
    • Analytical Role-Playing: Questions often ask for the 'role' of a particular office (President, PM, AG), requiring analysis beyond mere listing of powers.
    • Inter-relationships & Balance of Power: A key theme is the dynamic interplay between the President, PM, and CoM, and how power is exercised and balanced within the parliamentary system.
    • Constitutional Interpretation: Questions often touch upon how judicial pronouncements have shaped the understanding and exercise of executive powers (e.g., ordinance re-promulgation, pardoning power, President's Rule).
    • Contemporary Relevance: Linking the constitutional roles and powers to recent political developments, governance challenges, or policy debates (e.g., hung Parliament, cabinet size, judicial appointments, use of executive powers).
    • Principles of Parliamentary Democracy: Questions delve into the application and challenges of core principles like collective responsibility.

Original MCQs for Prelims

  1. Which of the following statements about the President's power to promulgate Ordinances (Article 123) is/are correct?
    1. The President can promulgate an ordinance only when both Houses of Parliament are not in session.
    2. An ordinance promulgated by the President has the same force and effect as an Act of Parliament.
    3. The satisfaction of the President for promulgating an ordinance is beyond judicial review.
    Select the correct answer using the code given below:

    • (a) 1 and 2 only
    • (b) 2 only
    • (c) 1 and 3 only
    • (d) 1, 2 and 3

    Explanation: Statement 1 is incorrect. An ordinance can be promulgated if either House is not in session, or both are not. Statement 2 is correct. An ordinance has the force of law. Statement 3 is incorrect. The Supreme Court (in R.C. Cooper case, 1970, and D.C. Wadhwa case, 1987) has held that the President's satisfaction for promulgating an ordinance is subject to judicial review on grounds of malafide or improper purpose.

  2. Consider the following statements regarding the impeachment of the President of India:
    1. The charge of violation of the Constitution can be initiated by only one-fourth of the total membership of the Lok Sabha.
    2. The resolution for impeachment must be passed by a majority of two-thirds of the members present and voting in the investigating House.
    3. The President has the right to appear and be represented during the investigation of the charges.
    Which of the statements given above is/are correct?

    • (a) 1 and 2 only
    • (b) 2 and 3 only
    • (c) 3 only
    • (d) 1, 2 and 3

    Explanation: Statement 1 is incorrect. The charge can be initiated by either House of Parliament, signed by 1/4th of the total members of that House. Statement 2 is incorrect. The resolution must be passed by a majority of two-thirds of the total membership of the investigating House, not just 2/3rd of members present and voting. This is a higher threshold to ensure seriousness. Statement 3 is correct. The President has the right to appear and be represented during the investigation.

Original Descriptive Questions for Mains

  1. "The President of India is a constitutional head, primarily bound by the aid and advice of the Council of Ministers, yet possesses significant roles as a guardian of the Constitution and a voice of counsel." Elaborate on this dual nature of the President's office, highlighting the constitutional provisions and conventions that define this role. (15 marks)

    Key Points/Structure:

    • Introduction: Introduce the President as the nominal head of state in India's parliamentary system, but emphasize the complexity of their role beyond a mere 'rubber stamp'.
    • Constitutional Position as Bound by Advice: Articles 74(1), 42nd & 44th Amendments, Article 74(2).
    • Role as Guardian and Voice of Counsel (Situational Discretion & Influence): Oath; Situational Discretion (PM appointment, CoM dismissal, LS dissolution); Constitutional Discretion (returning advice, seeking information, Suspensive Veto); Moral Authority; Check on Executive/Legislature.
    • Conclusion: Conclude that the President's office serves as a vital constitutional safety valve, symbol of national unity, and a final moral check.

  2. "The principle of collective responsibility is the bedrock of parliamentary democracy in India." Discuss the meaning and implications of this principle, and critically examine how it impacts the functioning of the Council of Ministers and its relationship with Parliament. (10 marks)

    Key Points/Structure:

    • Introduction: Define collective responsibility (Art 75(3)) as foundational, 'swim or sink together' idiom.
    • Meaning of Collective Responsibility: To Lok Sabha; Unity of Action; Confidence.
    • Implications on Functioning of CoM: Unity and Cohesion; PM's Leadership; Secrecy of Deliberations; Accountability to Parliament.
    • Impact on Relationship with Parliament: Government's Survival; Parliamentary Control; Legislative Supremacy (Formal).
    • Critical Examination (Challenges/Exceptions): Coalition Governments; Dominant PM; Individual Responsibility; Minister not an MP; Decline in Parliament's Role.
    • Conclusion: Reiterate its vitality for democracy despite challenges.