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Overview of India's Executive Branch

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0% found this document useful (0 votes)
47 views17 pages

Overview of India's Executive Branch

Uploaded by

vikasrakshitha0
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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PRESIDENT

• Articles 52-78 in Part


V of the Indian
Constitution deal with
the Union Executive of
India. They also
contain some key
provisions related to
the President of India.
• The President of India
is elected not directly
by the people of India,
but by the members
of a electoral college
Members who vote in the Presidential Election:
➢ The elected members of both Houses of Parliament
➢ The elected members of Legislative Assemblies of
States
➢ The elected members of Legislative Assemblies of
Union Territories of Delhi and Puducherry
A person to be eligible for election as the President of India
should possess the following qualifications.
• He/she should be a citizen of India.
• He/she should have completed 35 years of age.
• He/she should be qualified for election as a member of the
Lok Sabha.
• He/she should not hold any office of profit under the Union
government, any State government, any local authority, or
any other public authority.
• The oath of office of the President is administered by the
Chief Justice of India, and in his/her absence, the senior-
most judge of the Supreme Court.
• In his/her oath, the President swears:
• To faithfully execute the office,
• To preserve, protect, and defend the Constitution and the law,
• To devote himself to the service and well-being of the people of
India.
• The President holds office for a term of 5
years from the date on which he/she enters
his/her office.
• He can hold office beyond his term of 5 years
until his/her successor assumes charge of that
office.
• He is eligible for re-election to that office for
any number of terms.
Vice President of India
• The Vice President of
India is a constitutional
office in India, serving as
the second-highest
dignitary in the
country after the
President.
• Articles 63-71 in Part
V of the Indian
Constitution contain key
provisions related to the
Vice President of India.
Members who vote in the Members who do not vote in
Election of Vice President of the Election of Vice President
India of India

The members (both elected as The members of the


well as nominated) of both the Legislative Assemblies of
Houses of Parliament. States.
A person to be eligible for election as the Vice President of
India should possess the following qualifications.
• He/she should be a citizen of India.
• He/she should have completed 35 years of age.
• He/she should be qualified for election as a member of the
Rajya Sabha.
• He/she should not hold any office of profit under the Union
Government or any State Government or any Local Authority
or any other Public Authority.
• The Oath of Office to the Vice President
is administered by the President or some
person appointed on that behalf by him/her.
• In his/her oath, the Vice-President swears:
• To bear true faith and allegiance to the
Constitution of India,
• To faithfully discharge the duties of his/her
office.
Prime Minister
• A Prime Minister is the head of the Council of Ministers
in a parliamentary system of government. In India, the
Prime Minister is appointed by the President and is the
leader of the political party that has the majority in the
Lok Sabha.
• The Prime Minister holds the highest executive
position in the country. He leads the government,
making policy decisions, and implementing laws and
programs. He plays a crucial role in the governance and
administration of the nation.
Appointment of the Prime Minister
• The president appoints the leader of the majority party
in the Lok Sabha as the Prime Minister according to
parliamentary conventions.
• There is no particular procedure for the selection and
appointment of the Prime Minister.
• Under Article 75, the Prime Minister should be
appointed by the president.
Powers and functions of the Prime Minister:

• Advises the President: The prime minister advises the President for the
appointment or resignation of the council of ministers and other
significant officials such as CAG, Chairman of UPSC, Election
Commissioners etc.
• Allocate Portfolios: The prime minister is responsible for the location and
reshuffling of portfolios of the Council of Ministers.
• Act as a communication channel between the Council of Ministers and
the President: He communicates information related to administrative
affairs to the president.
• Act as Chairman: The prime minister acts as a chairman of various
councils such as Niti Aayog, National Development Council, National
Integration Council (NIC), Inter-state Council (ISC), and National Water
Resource Council.
• Act as a head: The Prime Minister presides over the meetings of the
council of ministers and announces government policies in houses of
parliament.
• Other functions: Shaping foreign policies, leader of the party, political
head etc.
Council of ministers
• Article 74 of the Constitution deals with
the status of the council of
ministers while Article 75 deals with
the appointment, tenure, responsibility,
qualification, oath and salaries and allowances
of the ministers.

• Cabinet Ministers: These head the important ministries of
the Central government like home, defence, finance,
external affairs and so forth.

• Cabinet is the chief policy formulating body of the Central


government.
• Ministers of State: These can either be given independent
charge of ministries/ departments or can be attached to
cabinet ministers.
• Deputy Ministers: They are attached to the cabinet ministers
or ministers of state and assist them in their administrative,
political, and parliamentary duties.
Governor
• The Governor serves as the chief executive head of a state.
However, like the President at the national level, the
Governor acts as a titular or nominal head (constitutional
head). Additionally, the Governor functions as an agent of
the central government, giving the office a dual role.
• Articles 153 to 167 in Part VI of the Indian Constitution
outline the structure and functions of the state executive.
The constitutional provisions outlined in these articles
address various aspects of the Governor's office, including
appointment, qualifications, powers, functions, and other
related matters.
• The Governor is not directly elected by the people, nor
is there an indirect election through a specially
constituted electoral college as with the President.
Instead, under Article 155, the President appoints the
Governor
Governor Qualification:
• The individual must be a citizen of India.
• The individual must be at least 35 years old.
• This oath is administered by the Chief Justice of the
High Court of the concerned state, or, if unavailable, by
the senior-most judge of that court.

• A Governor holds office for a term of five years from the


date they assume office, but this term is subject to the
pleasure of the President. The Governor can resign at
any time by submitting a resignation letter to the
President.

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