The Union and State Executive: President, Governor, Prime Minister and Chief Minister
The executive is that branch of government which actually carries on the administration of the country. In a parliamentary democracy like India there are two levels of government - the Union Executive at the centre and the State Executive in each state. Each level has a nominal or constitutional head, who is the formal head, and a real or political head, who actually exercises power. At the centre the President is the nominal head and the Prime Minister is the real head; in a state the Governor is the nominal head and the Chief Minister is the real head. This topic explains the constitutional position, election and powers of the President, Governor, Prime Minister and Chief Minister, which is a very frequently asked area in APSC, ADRE, Assam Police and other Assam examinations.
The Union Executive
Article 52 provides that there shall be a President of India, and Article 53 vests the executive power of the Union in the President, to be exercised by him directly or through officers subordinate to him. The Union Executive consists of the President, the Vice-President, the Prime Minister, the Council of Ministers and the Attorney General. The President is the head of state, the first citizen of India and the Supreme Commander of the Defence Forces.
Election of the President
The President is not elected directly by the people; he is elected indirectly by an electoral college under Articles 54 and 55. The electoral college consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the states, and, after the 70th Constitutional Amendment (1992), also the elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry. Nominated members of Parliament and members of the Legislative Councils do not take part in the election. The election is held in accordance with the system of proportional representation by means of a single transferable vote and voting is by secret ballot. The value of each vote is so calculated that the total value of the votes of all the members of Parliament equals the total value of the votes of all the elected members of the state Assemblies, and the election is intended to be held before the expiry of the term of the outgoing President.
Qualifications, Term and Removal
Under Article 58, a candidate for President must be a citizen of India, must have completed 35 years of age, and must be qualified for election as a member of the House of the People. He must not hold any office of profit under the Government of India or a state or any local authority. Under Article 56 the President holds office for a term of five years, and under Article 57 is eligible for re-election. The President may resign by writing to the Vice-President, and may be removed only by the extraordinary process of impeachment under Article 61 for violation of the Constitution. The charge must be preferred by either House of Parliament after a 14 days' notice signed by at least one-fourth of its members, passed by a two-thirds majority of the total membership of the House, and then investigated and confirmed by the other House by a similar two-thirds majority. The President's emoluments and allowances cannot be reduced during his term, and he is not answerable to any court for the exercise of his powers.
Powers of the President
- Executive powers: all executive action of the Union is taken in his name; he appoints the Prime Minister, other ministers, the Attorney General, the Comptroller and Auditor General, the Chief Justice and judges of the Supreme Court and High Courts, the Governor of a state, and members of the Election Commission, UPSC and Finance Commission.
- Legislative powers: he summons and prorogues Parliament, can dissolve the Lok Sabha, nominates 12 members of the Rajya Sabha and (previously) two Anglo-Indians to the Lok Sabha, and gives assent to Bills. He can also issue an Ordinance under Article 123 when Parliament is not in session.
- Financial powers: no money Bill can be introduced without his recommendation, and the annual budget is laid before Parliament in his name.
- Judicial powers: he can grant pardon, reprieve, respite, remission and commutation of sentence under Article 72, including in cases of death sentence, court martial and Union law offences. He can also seek the advisory opinion of the Supreme Court under Article 143.
- Emergency powers: he can proclaim a National Emergency (Article 352), President's Rule in a state (Article 356) and Financial Emergency (Article 360).
- Military powers: he is the Supreme Commander of the Defence Forces of India.
The Vice-President
Articles 63 to 71 provide for the office of the Vice-President. He is elected by an electoral college consisting of the members of both Houses of Parliament, including nominated members, but state Assembly members do not vote. He must be a citizen of India, have completed 35 years of age, and be qualified for election to the Rajya Sabha. He holds office for five years and is the ex-officio Chairman of the Rajya Sabha. He acts as President when the office of President falls vacant due to death, resignation or removal, and can be removed by a resolution of the Rajya Sabha passed by an effective majority and agreed to by the Lok Sabha.
The Prime Minister and the Council of Ministers
Under Article 74 there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President, and after the 42nd and 44th Amendments this advice is binding on the President, who can require only a reconsideration. Under Article 75 the Prime Minister is appointed by the President, and other ministers are appointed by the President on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the Lok Sabha. The 91st Constitutional Amendment (2003) provides that the total number of ministers, including the Prime Minister, shall not exceed 15 per cent of the total number of members of the Lok Sabha. The Prime Minister is the real executive: he presides over the Cabinet, allocates portfolios, coordinates the government, and is the principal link between the President and the Council of Ministers. If the Prime Minister resigns or dies, the whole Council of Ministers ceases to hold office.
The State Executive: The Governor
Article 153 provides that there shall be a Governor for each state, and the 7th Constitutional Amendment (1956) allows the same person to be appointed Governor of two or more states. The Governor is appointed by the President and is not elected. He must be a citizen of India and have completed 35 years of age. He holds office during the pleasure of the President, with a normal term of five years. The Governor has executive, legislative, financial and judicial powers, and can grant pardons and commute sentences under Article 161, except in death sentence and court martial cases. He issues Ordinances under Article 213 when the State Legislature is not in session, and under Article 200 he may withhold assent to a Bill or reserve it for the consideration of the President. The Governor also has important discretionary powers, such as appointing a Chief Minister in a hung Assembly, dismissing a government that has lost its majority, recommending the imposition of President's Rule, and reserving certain Bills for the President. The Governor of Assam is the constitutional head of the State of Assam and represents the President in the state.
The Chief Minister and the State Council of Ministers
Under Article 164 the Chief Minister is appointed by the Governor, and the other ministers are appointed by the Governor on the advice of the Chief Minister. The Council of Ministers is collectively responsible to the Legislative Assembly, and the 91st Amendment limits the size of the state Council of Ministers to 15 per cent of the strength of the Assembly, with a minimum of 12 ministers. The Chief Minister is the real executive head of the state and the leader of the majority party in the Assembly. He advises the Governor on the appointment of ministers, presides over Cabinet meetings, allocates departments, and is responsible for the general direction of the state government. In Assam the Chief Minister heads the state government and is assisted by a Council of Ministers.
Union Executive versus State Executive
- Head of state: the President at the Union; the Governor in a state.
- Real head: the Prime Minister at the Union; the Chief Minister in a state.
- Appointment: the President is elected by an electoral college; the Governor is appointed by the President.
- Term: both the President and the Governor normally hold office for five years, but the Governor holds office during the pleasure of the President.
- Pardoning power: the President's power under Article 72 includes death sentences and court martial; the Governor's power under Article 161 does not.
- Responsibility: the Union Council of Ministers is responsible to the Lok Sabha; the State Council of Ministers is responsible to the Legislative Assembly.
Significance for Competitive Examinations
The Union and State Executive is one of the highest-yield topics in the political science section of APSC, ADRE, Assam Police, DHS, DME, SSC and Railway examinations. Questions are asked on the articles relating to the President, Governor, Prime Minister and Chief Minister, their qualifications, age limits, terms, methods of election and removal, the composition of the electoral college, the difference between the nominal and real executive, the size of the Council of Ministers after the 91st Amendment, the pardoning powers, and the discretionary powers of the Governor. Assam-specific questions on the Governor and Chief Minister of Assam are also common.
How to Prepare This Topic
- Memorise the key articles: 52, 53, 54, 55, 56, 58, 61, 63, 72, 74, 75, 153, 155, 156, 161, 163, 164 and 213.
- Remember the age limits: 35 years for the President and Governor, 25 years for the Prime Minister and Chief Minister.
- Learn the composition of the electoral college for the President and the Vice-President, and note who does not vote.
- Understand the difference between the nominal executive (President, Governor) and the real executive (Prime Minister, Chief Minister).
- Note the 91st Amendment cap of 15 per cent on the size of the Council of Ministers.
- Practise the questions on this page and revise the FAQ answers.
Common Exam Traps
- The President is elected indirectly, not directly by the people.
- Nominated members of Parliament and MLCs do not vote in the Presidential election, but nominated members do vote in the Vice-Presidential election.
- The President can be removed only by impeachment for violation of the Constitution, not by a simple no-confidence motion.
- The Governor's pardoning power under Article 161 does not extend to death sentences or court martial, which fall under the President's power under Article 72.
- The advice of the Council of Ministers is binding on the President and Governor after the 42nd and 44th Amendments.
Frequently Asked Questions
Under which articles are the President and the Governor of a state provided for?
The President of India is provided for under Article 52, which states that there shall be a President of India, and the executive power of the Union is vested in him under Article 53. The Governor of a state is provided for under Article 153, and under Article 155 the Governor is appointed by the President. The 7th Constitutional Amendment of 1956 allows the same person to be appointed Governor of two or more states.
How is the President of India elected and who votes in the election?
The President is elected indirectly by an electoral college under Articles 54 and 55. The electoral college consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the states, and also the elected members of the Legislative Assemblies of Delhi and Puducherry after the 70th Amendment. Nominated members of Parliament and members of the Legislative Councils do not vote. The election is held by proportional representation by means of a single transferable vote by secret ballot.
What is the difference between the nominal and the real executive in India?
The nominal or constitutional executive is the formal head of state who acts on the advice of the Council of Ministers. At the centre this is the President and in a state it is the Governor. The real or political executive actually exercises power and directs the government. At the centre this is the Prime Minister and in a state it is the Chief Minister. In India the real executive is the Council of Ministers headed by the Prime Minister or the Chief Minister.
What are the qualifications and term of office of the President of India?
Under Article 58 a candidate for President must be a citizen of India, must have completed 35 years of age, and must be qualified for election as a member of the Lok Sabha, and must not hold any office of profit. Under Article 56 the President holds office for five years and is eligible for re-election under Article 57. The President may be removed only by impeachment under Article 61 for violation of the Constitution.
What is the difference between the pardoning powers of the President and the Governor?
Under Article 72 the President can grant pardon, reprieve, respite, remission and commutation of sentence in all cases, including death sentences, court martial and offences against Union laws. Under Article 161 the Governor can grant pardons and commute sentences in respect of offences against state laws, but his power does not extend to death sentences, court martial or Union law offences. The Governor's power is thus narrower than that of the President.