178 An Introduction to Political Science

through the offcers subordinate to

Constitution. bim in
3 Must be qualified for election to Lok Sabha. accordance with the
The constitutional powers and
4 Must not be member of any House of
Parliament or any State Legislature of the President of India may be
into six principal types.
fuclnctassiiofinsed
5 Must not hold any office of profit under
the government of India or any state or
any local authority. Executive Functions
CTERMS OF OFFICE Head of the Union: The President i
Five years from the date ofenteringthe office. the head of the Union Executive.
But early termination of service may occur: Consequently, all executive powers
1 If he resigns earlier, by writing under his exercised in his name. The
hand addressedto the Vice-President. execut1ye
power of the Union to be exercised b
2 Ifhe is removed from office bythe process the President, is extended to the matter
of impeachment. The Presidernt is eligible with respect to which Parliament has
for re-election. power to make laws and to conclude
treaties and agreements.
3 Powers and Functions Appointments: As head of the executive
the President appoints the Governors
of the President of States, the Judges of the Supreme
The President of India is the Head of Court and the High Courts, the Auditor
State. The system of government of India, General of India and many other high
unlike the United States, is a cabinet form officials, such as the members of Finance
which resembles the basic features of the Commission, Election commission,
cabinet system of the government of the Union Public commission etc.
UK.(The Indian Presidentis, therefore, Appointment of the Prime Minister and
a constitutional head like the King or other Ministers: The President also
Queen of Britain that is, all executive appoints the Prime Minister and upgn
powers are constitutionally vested in him, hisadvice the other Ministers of the
although those are actually exercised Union Council. But here too, as In
and executed by the cabinef, In India, all other appointments, the President
the powers of the Union government are can seldom use his discretion. He lS
treated as the powers of the President ordinarily, duty-bound to summot
because these powers are exercised in his the leader of the political party waa
name in pursuance of the constitutional secures an absolute majority
stipulation under Article 53 which reads: Lok Sabha to become the Prime
The executive powers of the Union shall He
Minister and form the Ministry.
powers
be vested in the President and shall does enjoy some discretionary
be exercised by him either directly exceptional
01 in the matter only under
 The Executives in India 179
circumstances. When no single political is entitled to declare war or conclude
party WIns a clear absolute majority a treaty.
and, as a result, no Union Council of
Ministers can be formed without a
coalition of parties the President can
A. Legislative Powers and
Functions
exercise his discretion judiciously in
appointing the Prime Minister. Such 1. President is a part of Parliament:
situations have developed in the past. The Union Legislature or Parliament
India has entered intoan age of coalition consists of the President and two
litrics. Now it may so happen that no Houses of Parliament. The President
secure an is, therefore, an integral part of Union
single party will be able to
ahsolute majority, and the President may Legislature. He shall summon from
he required to exercise his discretionary time to time, either separately or
nower for sometime to come, in appointing jointly, the Houses of Parliament. The
the Prime Minister. President can prorogue the Houses
Lok Sabha: and, it necessary, can dissolve the
A Can ask to prove Majority in lower House of Parliamen, the Lok
Union Council of Ministers normally Sabha. For example, the President
remains in offhce for ive years, unless dissolved the twelfth Lok Sabha
dissolved earlier for any reason. confidence
in early 1999 when the
The President must be satisfied that motion in favour of the Vajpayee
the Council of Ministers enjoys the government was defeated in the
Lok
confidence of the majority of the Lok Sabha.
Sabha. n case of any doubt he can
Summons andAddresses Parliament:
ask the Council of Ministers to prove 2.
its majority in the Lok Sabha,)as
the The President may address either or
Gowda both the Housesof Parliament. In
Prime Minister Sri H. D. Deve session
was asked by the President
after the such address, during the first
Sabha
official withdrawal of support by the after generat etectiontotheLok
Congress Party from the Ministry.(The and at the beginning of ajoint session
President can also dissolve the Union of Parliamenteach year, he may place
Council of Ministers in'accordance the reasons for summoning it, Apart
constitution, from addressing the Parliament,
with Article 75(2) of the President may also, in case of
does not the
If he finds that the Ministry the necessities, send messages to either
majorityin
enjoythesupport of the House, ortoboth Houses Article 86
Lok Sabha.
head of (2)]. Normally, the President does not
Dupreme Commander : As send such a message, unless however,
Statè, the President is the supreme he hasa serious disagreement
withthe
Commander of the Armed Forces Council of Ministers.
and
(Army, Navy and Airforce) of India
180 An Introduction to Political Science
3. of the President bv the Governor
Nomination:The President nominates that State. The President
a îumber of members in both Houses. enjoys this
right in relation to a Bill passed by a
The chief purpose of the nomination
1s to ensure adequate representation
State Legislature only in such case
where those are reterredto him by
in Parliament of all sections of the
Governor of a state under Article 200
population which may not always be
achieved through elections.
4. Power in respect of Bills:The President
>B. Power to Promulgate
Ordinance
has certain functions in resSpect of
passing of a Bill. ABill passed byboth Except when both Housesof Parliament
the Houses of Parliament regquires his are in session, the President may promulgate
assent in order to become an Act. He such Ordinances as the circumstances
may give his assent to a Bill or can appear to him to intervene (Article )3)
withhold assent when a bill, after Such an ord1nance can have the same force
getting approved in both the Houses, and effect of an Act of Parlament. Such
is placed before the President. But, an ordinance shall cease to operate unless
if Parliament, acting on President's passed by both the Houses of Parliament
refusal to assent to a Bill, passes it within the stipulated _period. A.K. Roy
again with or without amendment, Vs. Union of India (1982) ilustrates the
for the second time and presents it proposition that the satisfaction of the
to the President for his approval,the President must be as to the existence of a
President shall not withhold his assernt situation which akes it necessary tor the
therefrom under Artilt 111.In other President to promulgate such an (Ordinanca
words, it becomes obligatory upon
him to give his assent. >C. Financial Powers and
In certain cases, prior sanction of Functions
the President is required for initiating
any legislation. For instance, Bill for The President causes the annual budget
formation of a new state oraltering of the Union Government to be laid before
the boundaries of any existing state or Parliament every year. No proposal ro
states is to be placed beforePartiamemt spending money or raising revenues fOr
be jintroduced
with prior approval of the Presidern, purpOses of government can
Money Bill is another example where in Parliament without previous permisio
obtaining of such approval of the of the President.
President is a constitutional necessity.
Bill passed by a State Legislature:A D. Judicial Powers
ofthe
Bill passed by aState Legislature mnay The President appointstheJudges
also be reserved for theconsideration Supreme Court and the High Courts.
 The Executives in India 181
President has quite a few other
Judicial
powers. Under Article 72, he has the
Emergency for failure of Constitutional
tógrant pardons, reprieves, respites or
power Machinery in a state (Art. 356); and
remissions of punishment, He can 3 Financial Emergency (Art. 360).
suspend,
remit or comimute the sentence of any
person convicted by Court Martial and in The above three types of emergencies
are discussed separately.
allcases where the sentence is one of death.

E Powers in Relation to
> National Emergency (Art
352)
States
Article 352 of the Constitution provides
The President apponts the Governors that if the President is satisfied that a grave
of the states. Bes1des, he has certain emergency exists whereby the security of
powers in relation to legislation made by the country is threatened by war or external
the state legislature as well. A Bill may aggression or armed rebellion, he may
require his assent before it becomes an proclaim the state of National Emergency
Act For example when a Bill duly passed in respect of the whole of India or of such
a State legislature, is reserved by the part of the territory as may be specitied
Covernor for the consideration of the in the proclamation. Such a proclamation,
President, the President may assent to the necessitated by internal disturbances, was
illor he may withhold his assent. Thus, made in June, 1975. This emergency was
even a bill, on a subject mentioned in the also proclaimed twice before--in October,
state list, duly passed by a state legislature 1962 and December, 1971 on grounds of
becomes law after receiving his assent. In external aggression.
Bill andThe 44th Amendment Act has made it
the past, the Kerala Education
other Bills of the Communist Government to issue
obl1gatory tor the President not
of the Left Front unless the Union
of Kerala and few bills Such
were sent for a Proclamation
Overnment of West Bengal assent and writing. A
Cabinet recommends it in
Itesidential consideration and proclamation of emergency, under Article
Some of which the President withheld on 352, has to be placed before each House
the advice of the Union Cabinet. of Parliament for ratification. It
ceases to
operate at the expiration of one mopth
Powers of the unless approved by resolution, before
L tmergency period by both the
President the expiration of that
Houses of Parliament.
The Constitution of ndia empowers Effects of National Emergency under
three kinds of
the President to proclaim Art. 352: A proclamation of National
Emergencies: Emergency under Article 352 has the
National Emergency (Art. 352); following effects:
 Political Science
188 AnIntroduction to as President.
for election The
President is_also indirect
those
he is elected difterene is that while
in order to beonlya
electoral college President a person must be qualihedof forthe
by a specially constituted both the election.as. a.member of the
consisting of the members of
takes be a
House
Houses of Parliament. The election
system of
People,
place in accordance with the means of he must be
in order to for
qualified Vice-Presitodentthe,
election
proportional representation by Council of States.
andthevoting shall AVice-President may be removed trom
Singletransferable vote the President, the by a
be by secret ballot. Like for a term office by.a resolution passed Couneil majority
Vice-President is also elected re-election. of all the members of the
for
eligible States and agreed to by the House of the
of five years. He is not be a
The Vice-President shallParliament People.
member of either House of The Vice-President of Inda gets a salary
House of the Legislature of any
or of a
member of either House of and other allowances per month as tha
State. If he is a Chairmaf-of theCouncil of States, Ha
Parliament or a House of the Législature also receives Pension.'
hisetection to
of any State at the time of be
the office of the Vice-President, he shall
deemed to have vacated his seat in that Powers and Functions of the
he enters
House on the date on which Vice-President
President.
upon h1S office as Vice
The powers and functions of the Vice
Oualifications for the Post of president have-been specified-in the Article
Vice-President 64 and 65 of the constrtution. The powers
election and functions are Iisted below:
Noperson shall be eligible for presides
Vice-President tumiess he: The Vice-President of India
as over the meetings of the Second
a . is a citizen of India: -se Chamber ofF Parliament, i.e., the
b. has completed the age of thirty Council of Stätes as ex-officio
five years, and Chatrm§n, In the United States also
is qualified for election as a member the Vice-President presides over the
of the.Council of States. Second Chamber of the National
Legislatkre, the Senate.
A person shall not be- eligible for
electión as Vice-president if he holds The Vice-President also acts as tns
any office of Profit under _the Union or Pre_ident of ndia in the event of
vacancy
any State government or under any local the dccurrence of any
authority subject to the control of the said the office of the Presidentcaused Dy
governments.
The gualifications. for election to the 1. The Vice-President receives income tax free emoiuo0
ofRs.
75000
of Rs. 1,25,000-per month and a pension
office of the Vice-President are same as per month with effect from 1.6.2006.
 The Executives in India 189
his death, resignation or removal,
or otherwise. given to the office of the Vice-President. Indeed.
our Constitution makers have made the office
when the President is unable to of the Vice-president one of dignity, but of little
discharge his functions. owing to responsibility and function.
Sbsence, illness of any other cuse,
rhe Vice-President shatt discharge
his functions until the ate on 6 The Union Council of
Smch the President resumes Ministers
his uties. While.acting. as the
President,; he ceases. to perform It has already been mentioned more
the function of the Chairman_of than once that the system of government
the Raiya Sabha. adopted in the Constitution of India is the
The Vice-President shall, during the British model of Parliamentary government
period of his acting as or discharging the where the Council of Ministers is the
functions of the President, enjoy all the real executive. We have already seen that
Dowers and immunities of the President. Article 74(1)of the Constitution provides
The Vice-President shall be entitled to such that there shall be a Council of Ministers
emoluments, as stated earlier, allowances with the Prime Minister at the head to aid
and privileges as. determined by the and advise the President who shall, in the
Parliament by law. exercise of his functions, act in accordance
name of its
During the Presidencies of Dr. Rajendra to such advice. In fact, in thePresident, the
Prasad and-Dr.Radhakrishnan, the then power to aid and advise the power
Vice Presidents had to officiate as President Council of Ministers enjoys the real
having
or a irunDer of occasions. The sudden to govern. The leader of the party
the
death of President Dr. Zakir Hossain too an absolute majority in the House of
appointed as
Created avacancy for ashort period during People or the Lok Sabha is are
whích the vice-president V.V. Giri acted the Prime Minister. The other ministers
as the President. Further, Fakhruddin Ali appointed by the President on the advice
Ahmed died while holding the offhce of of the Prime Minister.
the President- and the then Vice-President
B. D. Jatti acted as thePresident till the Composition of the Union
new President was elected. Council of Ministers
CONCLUSION
The Union Council of Ministers is
The Vice-president is one of the highest formed ufder the teadership of the Prime
dignitaries in our constitutional system, coming Minister. All the members of the Council
next to the President. Yet, no specific function,
eXcept that ofpresiding over the meetings of the of Ministers of the Union do not belong
p to the same rank. Actually there are three
Council of States and occasionally representing
the State of India in foreign countries, has been ranks of the Council of Ministers:
 190 An Introductionto Political Science
ii. to prepare and introduce
a. Cabinet Ministers or the Ministers
who are members of the Cabinet;
Parliament for legislation on bil s
with respect to which matters
The Ministers of State; and
Deputy Ministers.
has power to make laws;
to exercise such right,
Parliament
The last two types of ministers are not
Cabinet members. Generally, the Cabinet by the government of India
authority
and jurisaiction as are exerCisabhi
Ministers_remain in charge of different to implement all the
important Ministries. Occasionally, a
Minister of State is also given independent
adopted-in Parliament; decisions
ito reman1 inuivdually and collectivel.
charge of a Ministry. In most of the cases, responsibie to Partiament:
however, a Minister of State or a Deputy
Minister is attached to a department The Union Councilof Ministers have
under one Cabinet Minister. The rank to perform a lot of tunctions which
to be allotted to-a 'minister is decided not possible to specify. These functions
by the Prime Minister and the minister are, trowever, carried out with the help of
concerned is generally a member of either, government officials.
House of ParliamentA person who is not
a member of either House-of Parliament Relation with Parliament
may be appointed a minister; but he
cannot continue in.that -capacity for more The Council of Ministers remains
than 6 months unless, in the mèantime, collectively responsible to Parliament.
he becomes a member ofeither House of The principle.. of collective responsibility
Parliament. The number of the members has been incorporated in Art. 7S3) of
of the Council of Ministers have not been the Constitution which reads thus : The
specifed by the Constitution, it is left to the Council of Ministers shall be collectvey
Prime Minister to decide upon the size and responsible. to. the House of the People.
composition of the Council of Ministers.So This means that all important decisions are
the number of the members of the Council to be taken. by the Council of Ministers
of Ministers varies from time to time. collectively and if any minister has a
difference with the collective decisions,
Powers and Functions he will submit his resignation. Sri CD.
Deshmukh, a former Finance Ministet,
The Council of Ministers is the real resigned for his difference with cabiners
executive. The functions of the Union decision. Anyway, the Councilof Ministers
all
Council of Ministers may, be listed as: remains responsible collectively for
to aid and advise the President in decisions and acts of the Cabinet.
the exercise of his fünctions; In addition tothe collectiveresponsibility,
to determine thepolicy-and the ministers are also individually respons
administer them; for the functioning of their respectire
 The Executives in India 193
Ministers relating to:administration Minister has got tobe a national leader
and legislation;
and leader of the people instead of being
tofurnish such information as the only a party teader.
President may call for: As Leader of the Partw or the Coalition
tosubmit for the consideration of in Power: The Prime Minister is the
G
the Council of) Ministers any matter leader of the Party or the coalition of
desired by the President. parties. (as is the prevailing rends in
India)
constitutionalIprovisions the present political scenario of
Butthis.sketchy which is in power in the Union by
coverthe entite area of the powers
Aither
functions attached to the office of Virtue of securing an absolute majority
Prime Minister, nor reflects the actual
in the House_of the People. As the
he
poston which the Prime Minister holds in leader of the party the Prime Minister
constitutional and political system. To plays the key role in formulating and
Popularising the programmes of the
an idea about his powers, functions party or the coalition. The
Prime
role,the office of the Prime Minister Minister has a special role in drawing
be.discussedIunder the following heads.
naybe the support of the people in favour of
unity
0 As Leader of the Nation: The
leader of the party in power. Moreover, the
the Lok Sabha selected by the political and solidarity of the party organization
partywhich secures an absolute depends largely upon him or her. His
majority in the Lok Sabha, assumes party's performance at the election
te office of the Prime Minister. Strange battle also, to a great extent, depends
though it may sound, after becoming on his capability as a leader, his
the Prime Minister, he no longer charisma, personality and popularity.
This is particularly true in a country
remains contined as a party leader, like India, where uneducated and
but becomes the leader of the entire hero-worshipping people are influenced
nation irrespective of caste, creed,
more by the family background,
religion, sex and political affiliation. As tradition and charisma of the leader
Prime Minister, he maintains the unity than by the policy or programme of
and integrity of the nation and offers the party of the candidate.
leadership at the time of national crisis.
It is found that at the hour of national As leader of the House of the People :
crisis the entire nation, forgetting their Though the leader of the Party of the
political differençes, stands by the Prime House of the people (Lok Sabha) is
Minister. On various national issues and appointed as Prime Minister,.yet he
problems which the nation faces the assumes the position of the leader of
the entire House after entering into
FTime Minister makes everyendeavour
0 arrive at a national consensus as a the office of the Prime Minister. The
Tue national teader. Hence, the Prime President summons, prorogues or
194 An Introduction to Political Science
dissolves the House of the People (Lok in the House of the
Sabha), the President People
Sabha)acting on the advice of the Prime
Minister who is the leader of the House. the Lok Sabha to invites (the Lak
its
The Prime Minister is consulted in the
form
of Ministers. The Prime
the
SOuncil \eader
preparmtionof agenda and drafting of
bills to be introduced in Parliament.
the leader of the Council of
which comprises all the MinMiistneirster,
S
As' leader of the House, the Prime within and without
cabinet.min1sterS
Minister takes initiative in making the no party secures an
absolute \n case
fomarmjorty
laws. He takes care to see that such a coalition of parties may
laws are enacted as are ñecessary for Council of Ministers. It is the
the implementation of the programmes Minister who recommends the
of his government. The announcement
of the members of the the names
of any government policy made by the Ministers to the President. Council
Prime Minister is considered as the
official pre-announcement. The Prime As Leader of the Cabinet :
Minister can attend and address any of
the Houses of Parliament, he can even
the Prime Minister is the leader t
the Cabinet, The unty,
integrity and
Obviousliy,
address the House of which he is not a efficiency of the whole Counci f
member. Thus a Prime Minister, who is Ministers and also of the Cabines
a member of the House of the People, depend largely on the capabitiy,
can address the Council of the States efficiency and leadership of the Pring
(Rajya Sabha) as well. A person who Minister. The Prime Minister is laregely
is not a member of any House or who and mainly responsible for the succes
is a member of the Council of States or failure of the government. As in
may, of course, become Prime Minister; Britain, the Prime Minister of Inda
there is no constitutional compulsion is also the Keystone of the Cabinet
for selecting the Prime Minister from arch. The Prime Minister presides
the Lok Sabha. For example, Srimati
Indira Gandhi and I. K. Gujral became over the cabinet meetings. He allocats
the Prime Ministers of India when they portfolios among the ministers, and
acts as a co-ordinator between them.
were members of the Council of States.
H.D. Deve Gowda was not a member of He can transfer a. minister trom
either óf the Houses when he became the one department to another, and t
necessary, may ask any minister t0
Prime Minister. He became amember
of the Rajya Sabha after assuming the res1gn. Like. the British Prime Mipistet
office of the Prime Minister. Former the Primne Minister of India, too, b
par8
Prime Minister Dr. Manmohan Singh often described as primus interphras
was also a member of the Rajya Sabha. i.e. first anmong equals. But, this of the
fails to describe the true Dositioncabinet.
4 As the Leader of the Council of Ministers: Prime Minister of India inthethanprs
When aparty secures absolute majority He or she is something more
 The Executives in India 195
among equals. Although in the cabinet
lmembers stand on equal by the cabinet. The cabinet advises what
footing and the Prime Minister desires. In fact, the Prime
speak with equal vOIce, yet the head of
che cabinet is the Prime Minister who Minister of India himself enjoys the powers
Constitutionally assigned to both the President
occupies a position which so long as and the Prime Minister. Inaddition, he possesses
it lasts, is one of exceptional authority the powers provided bythe ConstitutiöD and
and preponderance. devetoped through conventions astwel as
As Chief Adviser to the President: extra-constitutional measures sprung out
The Prie Minister is thé.resident's
chief adviser. Under Artice 8of the 8 Positionof the Prime
constitutiOn-it 1s the duty of the Prime Minister in the Indian
Minister to communicate all decisions
of the Council of Ministers and the
cabinet and all prgposalsfor legis<ation
Political System
to the President. The Prime Minister The Prime Minister of India is the most
communicates to the President allthe powerful political executive in India and
information called for by him, and if he has more power and responsibility
so desired by the President, submits than the President. The President is the
any matter for reconsideration of the constitutional head; while the Prime
Council of Ministers. For example, in Minister is the political head. In a
October 1997 the President desired parlamntary democracy the President
the reconsideration of the decision to cannot do anything disregarding thePrime
apply article 356 inUttarPradesh and Minister's advice. On the other hand, the
the cabine¿t accordihgty withdrew the President is to act in accordance with
proposal. The same incident happenedthe advice tendered by the Council of
again in 1999 in respect of proclamationMinisters and the Cabinet of which the
of-Article-356 in Bihar: The Prime Prme, Minister is the head and Jeader.
Minister acts as a link between the The Prime Minister of India is more
Cabinët and the President as well as powerful than his British counterpart. The
between Parliament and the President. British Prime Min1ster cannot determine
CONCLUSION who will be the King ; the Prime Minister
of India has an important role to play as
rom the above discussion it emerges that the leader of the party in power in selecting
he range of the powers and the prerogatives of thePresident, the highest dignitary under
he Prime Minister are unlimited. It is his right
oform his ministry and get rid of unwanted the constitution.
olleagues. He is free to formulate policies and The constitutional conventions grown
an compel compliance with. He can advise during more than last sixty years or so
ne dissolutionof the Lok Sabha. The President of parliamentary democracy functioning
to act on the basis of the advice readered in Ihdia have also strongly secured the
 204 An Introduction to Political Science
Council of
Article 156 specifies that the executive ministers. The
power of the State shall be vested in the Cabinet Ministers or theof
holds office during the
Governor and shall be exercised by him the Governor, though
in
this pleasure the
Assembly on
officers subordinate to confidence ofthe real
directly or through therespectCounc
him in accordance with the constitution. of Ministers is the
Ordinarily, the Governor is to act on the Governor's pleasure. determinant of the
advice of the Council of Ministers. In In our era of coalition politics
certain cases he, however, can exercise his single political party 1s not likely towheree a
discretion and can act without the advice of an absolute majorityin the State
the Council of Ministers. Unfortunately, the the use of discretion of the
constitution does not mention separatelythe appointing the Chief Minister GoverhasAsnsoremsblbeenyin
specific occasions when a State Governor generating much heat and
is required to use his discretion and crisis frequently. constitutional
this omission has given rise to a lot of The Governor is entitled to be abreast
controversy in the political system. of the developments in respect of
The powers and functions of a State governance of the State. So Article 167
Governor fall under four heads, namely, states that it is the duty of the Chit
Executive, Legislative, Financial and Minister to inform the Governor ot
Judicial. everything regarding the affairs of the State
The Governor may appoint a
person,
1 Executive Powers of the not below the rank of a judge of a court as
Governor the Advocate-General. Hehas no authority
Hioh
All the executive actions of the to appoint the judges of the State
government of a State shall be exDressed Court but is ent1tled to be consulted in
this matter by the President. The Governor
to be taken in the name of the Governor.
The executive powers of the State appoints the members of the State Public
extend over such subiects as are inchded Service Commission but cannot remove
in the State list. The Governor is the head them from their posts.
of the State executive. He appoints the The mneasures in respect of the
Chief Minister and on his advice the other development of the backward tribes and
functions.
ministers are appointed by him. Following classes are within the Governor's
the principle of the Parliamentary practice, He sends an annual report to the Union
the Governor is to appoint the leader of theGovernment with regard to this.
party or the coalition of parties enjoying
an absolute majority in the Legislative2. Legislative Powers of the
Assembly of the State as the Chief Minister. Governor
In accordance with the Chief Minister's
Union
advice, the Governor distributes the As the President is a part of the of
part
portfolios and allocates businessamongthe Legislature, so the Governor is a
 The Executives in India 205
the State Legislature. He addresses the
legislature and sends messages for the 3. Financial Powers
considerations to any of the two
Houses According to the constitution, the
CeState Legislature. He nominates a Governor shall cause to be laid before
memberof the Anglo-Indian community the Legislature the Budget or the annual
inthe State Assembly, in case no member financial statement before any financial
ofthat community is
found elected in year commences. No financial bill can be
Assembly. He may nominate about introduced in the Assembly without the
one-sixth of the total members in the Governor's sanction.
Legislative Council where such a Council
exists. The Governor may 4. Judicial Powers
summon,
prorogue the State Legislature from The Governor appoints the district
ime to time. He may dissolve the State Judges in the State in consultation with the
Legislative Assembly. He can send his High Court. He may grant pardons and
message to and can address the State suspend, remit or commute the sentence
convicted for any offence
Legislature. Any bilI, in order to become 0f any person
against law.
law, must bear his assent. The Governor
can give his assent to a bill, he can dissent 5. Discretionary Powers of
to it or he can send it to the President
for his consideration. He can return
the Governor
any bill other than a Money Bill to the The President of India does not enjoy
Legislature for its reconsideration. But if any discretionary powers. But the Governor
powers.
the Assembly passes it again, the Governor of a State enjoys discretionary
cannot withhold his assent. This is very important indeed. The
At the commencement of the first
Governor exercises the discretionary
POwers independently. He is not obliged to
session of each year, the Governor shall Seek the advice of the Council of Ministers
address the State Legislature and infornm in the exercise of his discretionary powers.
the Legislature of the reasons for which The important discretionary powerSs of the
it has beern summoned. Governor are mentioned below:
When the Assembly is not in session, the The Governor of a State may
Governor may promulgate an Ordinance. be appointed by the President as
Such an Ordinance shall have the same the administrator of an adjoining
torce and effect of an Act of the State Union territory. If so appointed,
Legislature. All Ordinances so passed must the Governor shall exercise his
be placed before the State Legislature and functions in the said Union territory
an Ordinance would fall flat if it is not independent of consultation with
passed within six weeks of the beginning the Council of Ministers of the
Of the session of the Assembly. State of his original assignment.
 206 An Introduction to Political Science
vill. The appointment of the
technically Chief
. The Governors of Maharashtra,
Minister also
Gujarat, Nagaland, Manipur, under the discretionary falls
Sikkim enjoy certain discretionary
powers in respect of certain issues. of the Governor, for, here h power
ii. In practice, the Governor can
acts without the advice the
of
Council. of Ministers. But here
exercise certain other discretionary
powers without the advice of his the Governor 1s under th.
Ministry on the basis of Article compulsion of appointing the leade
of the party. or the coalition
163 (2).
The Governors of Assam, parties which enjoys an absolure
majority in the Bidhan Sabha.
Meghalaya, Tripura and Mizoram as Chief Minister. For
have discretionary powers with
regard to the administration of
example,
leaders of the coalitions of parties
the scheduled tribal areas in their forming the Left Front, have
respective States.The Governor can been appointed as the Chief
define the area of an Autonomous Ministers both in West Bengal
District to be administered by the -and Tripura.
District Autonomous Regions.
The Governor appoints not more 6. Special Powers
than four members in the District The Governor enjoys following special
Council. powers under Articles 163 and 356.
The Governors of Assam, Under Article 163: The Governor
Meghalaya, Tripura and Mizoram has been given, following the
have the discretionary powers tradition set by the Government of
to determine the amount to be India Act of 1935, certain powers
payable by the respective States to which he can exercise by himselt
the District Council formed within to act in his discretion.Article 163
the State as royalty accruing from states that in the exercise of his
licenses and minerals. discretionary powers, his decisions
The Governor may reserve a bill will be final and absolute. His
passed by this State Legislature decision cannot be questioned.
for the consideration of the For these reasons there has been
President. a controversy regarding the actual
Vii. The Governor can send a report position of the Governor in the
tothe President recommending the constitutional system.
promulgation of emergency under Under Article 356: If the Governot
the
Article 356 for the breakdown of thinks at any time that
the constitutional machinery in government of a State cannotthebe
with
the State. carried on in accordance
 The
Executives in India 207
provisions of the
that a condition constitution
of
and nominal head of the State executive. The
bas arisen, he or she canemergency Constitutional position of the Governor is
then evaluated below.
inform the President of it without
consultation with his The position of the Governor of a State
of Ministers and Council should be disscussed from two points of
the President view, On the one hand, the
can under Article 356, dissolve the Governor 1S
constitutional head of State; on tne
the State government and can other hand. he is the agent of the Union,
assume to himselt or herself the called uDon to implement its policy rom
administration of the State. Theawider federal point of view.
President makes arrangements so As the head of the Executive of the
that in such emergencies the State State, the Governor has been given some
Governor can pertorm his duties very important powers like providing and
properly as the representative of forming the State Ministry, summoning and
the President. The Governments proroguing the sessions of the Legislature,
of different States have been assenting to or rejecting bills except those
dissolved under Article 356 more reserved for the President's consideration.
that the Governor shall
than 100 times during the last It has been said of the
working of this exercise his powers on the advice
Sixty years of the
constitution. State Council of Ministers. So in the
exercise of his constitutional powers, save
Governor is
the discretionary powers, the
13 ConstitutionalPosition a constitutional head.
There are certain powers as prescribed
and Role ofthe Governor by our constitution, show that the
head, that
constitutional Governor is not merely a figure
The Governor is the except he can act independently also.
head of an Indian state. Save and to
The Governor of a State has
powers, the
the exercise of his discretionary other send an annual report direct to
the Governor shall
exercise all
Council of President regarding the scheduled
his tribes.
POwers on the advice of castes and backward
of Sunil
Ministers, In 1950, in the case The Governor may be appointed as
the First adjoining
kumar Bose and others Vs. an Administrator of an President.
Government, Union Territory by the
Jecretary ofthe West Bengal the ruling case is
the Calcutta High Court gave The Governor in that
that the Governor was bound to act on empowered to act independent
of
e advice of the
Council of Ministers.
Vs. of the advice of the Council
In 1955, in the case of R. J. KapoorCourt Ministers of the State of his original
the State of Punjab, the Supreme the
assignment.
Governor was just
reiterated that the
 208 An Introduction fo Political Science

According to Article 356 the > Evaluation of

Governor can, by sending reports,
keep the President abreast of the
Role and Power Governor's
happenings in the State. He can The constitutional experts think
let the President know whetherthe framers of the constitution thac
the State gOvernment has been to make the Governor the
constiitnutteinded
functioning constitutionally or head of the State executive. This is cear
not. In some cases, reports may go in the way he is appointed. In the
onal
against the Council of Ministers. constitution it was stated that the
draft
Such report, obviously, cannot bewould be an elected head of an Governor
Indian
sent on the advice of the Council State. But this was not accepted. It was said
of Ministers. that if both the Governor and the
In forming a new Council of Cabinet
members were elected, there Would occur a
conflict of power between the
Ministers of a State, the Governor would then feel bound to take two. None
the other
can use his discretionary powers. If advice. So finally, the Governor became
no political party gets an absolute nominated post. Besides, the constitution
majority in the State Assembly, then has introduced a Responsible Government
the Governor may act in the way in both the Union and the States. The
State
he thinks judicious. cabinet is responsible to the Legislative
The Governor can withhold assent Assembly. If the Governor in any matter
to any bill passed by the State acts contrary to the advice of the Cabinet,
Legislature and send it to the how can the Cabinet bear responsibiliy
President for his consideration. The for that action of the Governor?
power of the Governor increases if Of course, the office of the Governor
the State and the Union Cabinets has been created with three objects in
are formed by different parties. The View:
Governor then may consider that Lto maintain the federal integrity,
he is appointed by the President and . to maintain the balance and co
he is to act as the representative ordination among different States
of the President. and
6. In emergencies, the Governor acts to implement the policies words,
of the
as the agent or representative of the Union properly or, in other Centre.
President and in that case also he to act as an agent of the
cannot act on the State Cabinet's the
The Governor is to See that
advice. For these reasons he is government of a State is carried on m
generally regarded as the watchdog accordance with the provisions osaid- ofthe
of the Centre. constitution. As a modern critic has
 The Executives in India 211
againsti t in the State
Governor, moreover, can send a Assembly.
The The Council of Ministers formulates
Presidentif he (the report to policies and decisions. In order to
the Governor)
thinks
thatthe.State Government cannot be carried discharge this function the Council of
accordance with the Ministers of a State shall formulate
onin
constitution. The provisions of policies on various spheres of
the President in that case,
may by proclamation under Article 356, governmental activities, work out
sve have seen carlier, assume to himself principles and take decisions. The
thefunctions of the State. In that event the Council of Ministers as a whole sees to
State governiment stands dissolved. itthat the accepted policies, principles
and decisions of the government
In the system of
Democracy the Governor Parliamentary
rules according
are followed and implemented with
sincerity and efficiency.
rothe advice and suggestions of the Council
ofMinisters. This. is .the. principle that is Legislative Functions: The Council of
uSually followed. But on certain occasions, Ministers has serious and important
however, the Council of Ministers seeks legislative functions as well. The
the Governor's .advic. The, Governor Council of Ministers makes the
Governor summon the sessions of the
is the representarive 9£.,the President
formally and of the Union Government Assembly ; it introduces bills in the
in reality. In fact, it is the directions of Assembly; it decides on the legislative
the Union Government that symbolises as business to be performed.
the guideline to, be, followed by.the State 3 Preparation of Budget: The Council of
Council of Ministers in the discharge of Ministers prepares and initiates the
all governmental functions. budget, financial proposals and money
bills.
Functions of the Council of O Co-ordinationamong diferent Departments:
Ministers The Council of Ministers ensures
governmental. efficiency and makes
Except for the Governor's discretionary sure that the governmental functions
powers, the Council of Ministers has the
pOwer to advise the Governor on all other
are
discharged with speed and done
matters in the exercise of his powers.
smoothly by ensuring co-ordination
among the various departments.
he executive, legislative, financial and
Controlling the Government 0fficials :
j0yudithecial constitution
powers that have
been vested
in the There is a large staff of permanent
Governr, are
Cxercised under the adyice of the Council governmental officials under the
ot Ministers, The furnctions of the Council supervisionof the Council of Ministers.
of It is the responsibility of the Council
Ministers are discussed.
of Ministers to determine their service
VPolicy Formulation and Decision Making: conditions and salaries. The council of
 212 OAn Introduction to Political Science
has no other
officials and Governor, but he
Ministers controls these
their work and conduct. appointthe leader of the party thatchoice but to
In modern times, the government an absolute the
majority in the enjoys
activities, in general, have expanded Assembly as Chief
elections of the
Legislative
Minister. In
case
considerably. Correspondingly, there a coalition of parties secures an absolute
has been an Cxpansion in the spheres majority in the
of activity of the Council of Ministers Assembly,,the President appoints
of the coalition as the Chief
Lethegsllaetaderive
also. It is not merely that the functions
and activities of the Council of Ministers Minister.The
Governor appoints other ministers on the
advice of the Chief Minister and
haveincrease
an expanded greatly,
in the
there has been
prestige and overall
influence of the Council of Ministers
distributes
the various porttolios among them. The
Chief Minister is usually a member of the
and the Cabinet. Some critics, therefore, Legislative Assembly, though there 1s ng
prohibition of his
tempted to call the parliamentary system constitutional beinga
as the Dictatorship of the Cabinet. member of the Legislative Council..lt may
The efficiency and success of the State so happen that when the Chief Minister
ofhce, he or she is Da
government, however, depends, in a large assumes the
measure, on the individualcapabilities of member of the StateAssembly. In that c
must become a member of
the ministers, on the unity among themn he or she happenei
This exactly
and, above all, on the leadership and within six months.Banerjee
Mamata became Chief
personal qualities of the Chief Minister when
Minister of West Bengal in 2011.
who must remember that he or she is
the first among equals.
Functions and Role of the
15 Chief Minister of a Chief Minister
State The functions and role of the Chief
Minister can be broadly classified into
Being the leader .of-the Council of following categories.
Ministers and the Cabinet, the Chief
Minister is the political head of an Indian As Chief Adviser to the Governor: The
State.In every State of the,Union of India Chief Minister is the leader of the
there shall be a Council of Ministers with Council of Ministers of the State
the Chief Minister at the Head. and, therefore, he or she isthe chie
adviser to the Governor. He or she sS
> Appointment of the Chief the link between the Governor and
the Council of Ministers; he of s
Minister communicates the decisions of the
Though the appointment of the Chief Counc1l of Ministers to the Governot
advice of
Minister is the discretionary power of the If the Governor has any
 The Executives in India 213
suggestion to offer to the
Ministers, the Chief
Council of the responsibility of maintaining party
Minister brings
that to the notice of the
discipline and party unity within and
ministers and outside the Assembly. Besides, heor she
takes decisions accordingly. helps in the campaign of the party's
2 Asthe Leader of the
Council of Ministers programmes and plays an active role
The Chief Minister, being the leader in increasing the popularity, mass
of the Cabinet and.the.Council of support and strength of the party.
Ministers, presides over the meetings of For this purpose, the Chief Minister
the Cabineand the Council of Ministers; has to keep contact with the people
he directs and controls the Council at large.
of Ministers._He coordinates among The Chief Minister and the People: The
different ministers and departments Chief Minister is not only a leader of
and maintains the unity in the ministry. the party in power-he or she is the
The ministers take his guidance and central actor in the State politics and
advice whenever they feel it necessary. politial process. He or she maintains
In case of difference of opinion between relations with the people and actsts as the
the Chief Minister and other ministers, chief spoke_manof the government and
the Chief Minister's opinion dominates its pollIes. He or she communicates
and prevails. The success or failure of the government policies with the help
the State Ministry depends greatly On of the press and other media exposure.
the personal qualities and popularity The Chief Minister keeps the people
aware of the affairs of the State. The
of the Chief Minister. image of the Chief Minister is utilised
9 As the Leader of the Legislature: The by the government to win over the
Chief Minister is also the leader of publicsupport in its favour.
the State Legislature. As the leader of Other Functions: The Chief Minister has
the Assembly it is his. duty to make other functions to perform. He or she
sure of the smooth conduct of the keeps. a close. watch on the financial
proceedings of the Assembly, to get the matters of the, State including the
bilis introduced and passed, to answer preparation of budget, decides basic
questions, and to maintain contact and priorities, takes keen interestin planning
relation with the opposition parties and and development works, attends the
to take their suggestions whenever it is meetings of the National Development
felt necessary. Council, Zonal Council etc. He or she
9 As the Leader of the Party : Besides being maintains close relationwith the Prime
the leader of the Council of Ministers Minister and other Ministers of the
and of the Assembly. the Chief Minister Union for the developmental work of
IS also the leader of the political party the State, besides paying occasional
visits to the Governor.
Wnich is in power. So he or she has
 Legislature in India 223
Sate.The Census Report of 2001 shall
the
which enjoy absolute majority inand
betakeninto consideration for deciding
number of members of the Lok Sabha as the Prime Minister
b¹ House of on the basis of the list submitted by
Peopleto chosen by each of the
phe
ohe him other ministersare appointed by
Siates.TheState of West Bengal has 42 and of
Tripurahas 2 members in the Lok Sabha. the President to form the Council
Ministers. The council of ministers
Duration andDissolution: The House is formed mainly from among the
members ofParliament. Non-members
afthe
People, unless
for
dissolved earlier, may be included in the Council of
shallcontinue a term of five years.
President can dissolve it early in an Ministers subject to the condition that
The
emergency; he can also, extend its term if any of them fails to get elected in
another year during emergency. For either House of Parliament within a
br
example,the term of the sixth Lok Sabha period of six months, he or she shall
But the President cease to be a member of the Council
endedin March, 1976. of Ministers.
had in view of the national emergency,
extendeditsterm by another year. 2. Legislation: The principal business
of Parliament is to deal with matters
2 Powersand Functions relating to legislation on the subjects
specified in the Union List and
of the Parliament the Concurrent List. Under certain
special circumstances Parliament
In the parliamentary system the can also legislate on the State List.
/mportance of Parliament and its In fact, law making and passing of
Significance as the National Legislative Money Bills are the major functions
Body can hardly be exaggerated. The of Parliament. This function of
powers and functions of the Parliament legislation is performed by the
of India may be broadly categorised under Legislatures everywhere under both
the following heads: the Presidential and Parliamentary
of
L Providing the Cabinet: The first system of government. The volume
function of the Lok Sabha, as it legislative work of the Legislature has
stands in a parliamentary system, been steadily increasing all over the
of world in our days of big government.
is that of providing the Council the Parliament of India, for example,
Ministers and the Cabinet. After
passed 47 Bills in an average every
elections of each Lok Sabha or after
the fall of any Union Government, year, besides discharging other multi
dimensional functions. Parliament
Lok Sabha provides the new Council has to legislate various bills every
of Ministers and the new Cabinet. vear on a wide range of areas in our
The President appoints the leader contemporary age of welfare State.
of the party or coalition of parties
224 An Introduction to Political Science
People or Lok Sabha. The
Control over the Executive: In
parliamentary system, as observed in
India, the Council of Ministers remains
has allowed larger share of
financial matters to Lok
constit
power
Sabha
utio
s n
in
responsible to Parliament. The role of represents the people.
can only be introduced in
Money whibilsch
Parliament in controlling the Council
Sabha. The finance minister
the Lok
the annual budget in the Lokpresents
of Ministers is very important indeed.
and after presenting it in the Sabha
Putting questions to the ministers,
initiating debates on different subjects, House both the Houses Lower
After the budget has been discuss it.
debate on the budget, adjournment
motion, discussion on no-confidence
motionthese are certain methods
presented,i
financial bills are introduced
the Lok Sabha for
by taxation or by raising
by which Parliament exerts influence
other money
The Executive cannot makemeans.
over the ministry. Each Minister shall
any
remain individually and collectively
responsible to the Lok Sabha. The expenditure unlessthe Lok Sabha
Council of Ministers remains in power passes the necessary Appropriation
so long as it enjoys the confidence Bill. The control of the Lok Sabha over
of the majority of the House of the the incomes and expenditures of the
People or Lok Sabha which can, by Union is really substantive. But due to
passing a no-confidence motion, force the growth of the party system and,
a government to resign. But it must sometimes, due to lack of time available.
be remembered that the power to Lok Sabha delegates some ot its power
oust a government under a disciplined to the Cabinet and the Ministers.
party system is essentially theoretical. Election of the President and the
In practice, owing to the rigid party Vice-President: Parliament elects the
system and party discipline, the President and the Vice-President. The
control of the Councilof Ministers by President of India is elected by an
Parliament becomes less effective than
they appear to be. In reality, it is the
electoral college composed of all the
members of Parliament and the elected
parties that control the executive. The members of all the State Assemblies.
members of the Parliament always The Vice-President is elected by
follow their respective party lines on
the floor of the Parliament. So it is an electoral college comprising the
members of both the Houses of
difficult to oust a government which Parliament. Besides election of the
enjoys absolute majority in the Lok President and the Vice-President,
Sabha.
Parliament can also remove them by
4. Financial powers and functions: The using the method of Impeachment.
financial power of Parliament is 6. Amendment of the Constitution:
mainly enjoyed by the House of the Parliament enjoys such power
 Legislature in India 225
which are enjoyed by a Constituent 0 Proclamation of Emergency: Evety
Assembly. Parliament can amend proclamation issued under Article
352
the constitution, other than its under Article
(National Emergency),constitutional
basic structure, by passing a bill of
356 (Breakdown of
constitutionalamendment. Parliament machinery in a State) and
under
ofIndia has amended the constitution Article 360 (Financial emergency)
for 101 times till date. of
shall be laid before each House
aElection of Speaker, Deputy Speaker Parliament for approval.
and Deputy Chairman: The Lok Formation of Public Opinion:various
Debate,
Sabha elects its Speaker and the discussions, and other
Deputy Speaker while the Rajya parliamentary procedures adopted
Houses of
Sabha elects its Deputy Chairman. by the members of both the
The Vice-President being the ex Parliament act as the major agency for
officio Chairman of the Rajya Sabha, the formation and shaping of Public
the question of the election of the opinion. Publicopinion is the essence
of
Chairman of the Rajya Sabha does of democracy, it is the dynamics
not arise. democracy. So Parliament performs
growth
an important function in the
8. No-confidence Motion: The House of and spread of public opinion.
People can dismiss the government other
passing a vote of no-confidence 12. 0ther Functions: Among the
by functions and powers of
motion. Within a period of 36 months Parliament, some important ones are
in between 1996 and 1999 the Union impeachments of the President,
Governnments were changed four the
no-confidence in the Vice-President and the Judges, the
times by expressing power of discussing treaties and
other
the House of the People. international matters. Parliament
appoints several parliamentary
9. Consideration of Reports: Parliament
considers the Reports submitted to committees in order to perform its
and laid before it by different statutory functions effectively and efficiently and
Commissions andCommittees besides it tries to regulate the governmental
ad-hoc activities through these Committees.
the Reports of different
committees or Enquiry Commissions.
the Business Procedure of
For example, the ReportsoDof the
National Commission Parliament
tribes
scheduled castes and scheduled Both the Houses of Parliament must be
Report under Article
Sa statutory of the ain in
session at least twice a year. There must
338(b), while the Report months
report of an Enquiry not be a gap of more than six
Commission is a between the last meeting of a session and
Commission.
 D. Comparison between the
Two Houses
So farthe composition isconcerned,
Lok Sabha enjoys a superior
position than the Rajya Sabha. The
Lok Sabha is a popular chamber
formed by the directly elected
representatives on the basis of
universal adult suffrage. But the
Rajva Sabha is formed comprising
members partly indirectly elected
and partly nominated. The very
composition makes the position of
the Rajya Sabha weaker.
b The Rajya Sabha being a permanent
 Sc
232 An Introduction to Political
can claim to be an W

House,
experienced House.The Lok Sabha, V

on the other hand, being elected

for a fixed period, i.e., five years,
can claim neither permanency nor R
that much experience.
which
lt is primarily Lok Sabha
provides the Union Government.
of
The party orthe coalition
parties that secures an absolute
majority in the Lok Sabha, forms
the government and normally most
of the members of the council
of ministers including the Prime
Minister belong to the Lok Sabha,
d. The Council of Ministers remains
responsible only to the Lok Sabha,
which can bring the government to
an end by passing a no0-confidence
motion. The Rajiya Sabha does not
enjoy such power.
Money bill can only be initiated
in the Lok Sabha. It also enjoys
primacy over the bills and specially
over the money bills against the
Rajya Sabha.
The power of the Lok Sabha is
greater in the matter of controlling
the cabinet. The Council of
ministers remain responsible to the
Lok Sabha and not to the Rajya
Sabha.
CONCLUSION
We can conclude that in the ordinary cases,
both the House of Parliament have equal
powers. Ordinary bills must be passed in both
the Houses. If there is a conflict of opinion
between the two Houses, the President will
summon a joint meeting of both the Houses