Class 11 Political Science Notes Chapter 4 (Executive) – India Constitution Work Book

Detailed Notes with MCQs of Chapter 4, 'Executive', from your 'Indian Constitution at Work' textbook. This is a crucial chapter, especially for those preparing for competitive government exams, as it deals with the branch of government responsible for implementing laws and policies. Pay close attention to the details.

Chapter 4: Executive - Detailed Notes for Exam Preparation

1. What is an Executive?

• The 'Executive' is the branch of government responsible for the implementation of laws and policies adopted by the legislature.
• It's not just about Presidents or Prime Ministers; it includes the entire administrative machinery – the civil servants (often called the 'bureaucracy' or 'permanent executive').
• The political leaders who head government departments and ministries are known as the 'Political Executive', while the permanent administrative officials are the 'Permanent Executive'.

2. Types of Executives:

Governments worldwide have different types of executives, broadly categorized based on their relationship with the legislature and the nature of the head of state/government:

• Parliamentary Executive (like India, UK, Germany, Japan):
  • The Head of Government (usually Prime Minister) is typically the leader of the majority party in the legislature.
  • The executive is responsible to the legislature (concept of collective responsibility).
  • The Head of State (President in India, Monarch in UK) may be different from the Head of Government and often holds a nominal or ceremonial position.
  • There's a close relationship and often an overlap in personnel between the executive and the legislature (ministers are usually MPs).
• Presidential Executive (like USA, Brazil):
  • The President is both the Head of State and the Head of Government.
  • The President is usually directly elected by the people and is not accountable to the legislature in the same way as a PM.
  • The legislature cannot easily remove the President (except through impeachment, which is difficult).
  • Strict separation of powers between the executive and legislature.
• Semi-Presidential Executive (like France, Russia, Sri Lanka):
  • Has both a President (Head of State, often directly elected with significant powers) and a Prime Minister (Head of Government, responsible to the legislature).
  • Power is divided between the President and the PM/Cabinet, which can sometimes lead to conflicts.

3. The Indian Executive: A Parliamentary System

India opted for a Parliamentary Executive system. Why?

• Familiarity with the system during British rule.
• Preference for a responsible government over a potentially authoritarian presidential system.
• Belief that it would better accommodate India's diversity.

Key Components of the Indian Union Executive:

• The President
• The Vice-President
• The Prime Minister
• The Council of Ministers (CoM)
• The Attorney General of India (Mentioned in Art 76, chief legal advisor, part of Union Executive but not discussed in detail in this chapter's context usually).
• The Permanent Executive (Civil Services/Bureaucracy)

A. The President of India

• Constitutional Head: Head of the State (Article 52). The executive power of the Union is vested in the President (Article 53), but exercised either directly or through subordinate officers, in accordance with the Constitution.
• Nominal/Ceremonial Executive: In India's parliamentary system, the President exercises most powers only on the advice of the Council of Ministers headed by the Prime Minister (Article 74).
• Election (Article 54 & 55):
  • Indirectly elected.
  • Electoral College consists of:
    • Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
    • Elected members of the Legislative Assemblies (Vidhan Sabhas) of the States.
    • Elected members of the Legislative Assemblies of Union Territories having assemblies (Delhi and Puducherry).
  • Method: Proportional Representation by means of Single Transferable Vote (PR-STV). Ensures representation and avoids simple majority dominance.
  • Voting is by secret ballot.
• Term: 5 years (Article 56). Can be re-elected.
• Qualifications (Article 58): Citizen of India, 35 years of age, qualified for election as a member of the Lok Sabha, must not hold any office of profit.
• Impeachment (Article 61): Can be removed for 'violation of the Constitution' through a quasi-judicial process called impeachment. Requires a special majority (2/3rd of the total membership) in both Houses of Parliament.
• Powers and Functions:
  • Executive Powers: All executive actions taken in his/her name. Appoints PM and other ministers (on PM's advice), Attorney General, CAG, Chief Election Commissioner, Governors, Chairman & members of UPSC, Finance Commission, etc. Administers Union Territories. Supreme Commander of the Defence Forces.
  • Legislative Powers: Summons and prorogues Parliament, dissolves Lok Sabha. Addresses Parliament (at the start of the first session after each general election and the first session each year - Article 87). Nominates members to Rajya Sabha (12) and Lok Sabha (2 Anglo-Indians, now abolished by 104th Amendment Act, 2019). Gives assent to bills passed by Parliament (can withhold assent or return non-money bills for reconsideration - Article 111). Promulgates Ordinances when Parliament is not in session (Article 123) – these have the force of law but must be approved by Parliament within 6 weeks of reassembly.
  • Financial Powers: Money Bills can be introduced in Lok Sabha only with prior recommendation. Causes the Union Budget ('Annual Financial Statement' - Article 112) to be laid before Parliament. Constitutes Finance Commission every 5 years. Controls the Contingency Fund of India.
  • Judicial Powers: Appoints Chief Justice and judges of Supreme Court and High Courts. Power to grant pardon, reprieve, respite, remission of punishment, or suspend, remit, or commute sentences (Pardoning Power - Article 72), including death sentences.
  • Diplomatic Powers: International treaties negotiated and concluded in the name of the President (subject to Parliament's approval). Represents India internationally, appoints/receives diplomats.
  • Military Powers: Supreme Commander of the armed forces. Declares war or concludes peace (subject to Parliament's approval).
  • Emergency Powers:
    • National Emergency (Article 352) - War, external aggression, or armed rebellion.
    • President's Rule (Article 356) - Failure of constitutional machinery in states.
    • Financial Emergency (Article 360) - Threat to financial stability.
• Discretionary Powers (Situational): Though largely bound by CoM's advice, the President can exercise judgment in certain situations:
  • Appointing the PM when no party has a clear majority in Lok Sabha or when the incumbent PM dies suddenly.
  • Dismissing the CoM if it cannot prove its majority in the Lok Sabha.
  • Dissolving the Lok Sabha if the CoM has lost its majority.
  • Using Pocket Veto (withholding assent indefinitely, as done by President Zail Singh with the Indian Post Office Bill).
  • Returning a bill (non-money bill) for reconsideration (suspensive veto).
  • Seeking information from the PM regarding administration and legislative proposals (Article 78).

B. The Vice-President of India

• Election (Article 66): Indirectly elected by an Electoral College consisting of all members (elected and nominated) of both Houses of Parliament (unlike President's election). Uses PR-STV system.
• Term: 5 years (Article 67).
• Qualifications (Article 66): Citizen of India, 35 years of age, qualified for election as a member of the Rajya Sabha, must not hold any office of profit.
• Functions (Article 64 & 65):
  • Ex-officio Chairman of the Rajya Sabha (Council of States). Presides over its proceedings.
  • Acts as President when a vacancy occurs due to death, resignation, removal, or otherwise (for a maximum of 6 months). Also acts as President when the incumbent President is unable to discharge functions due to absence, illness, etc.
• Removal (Article 67): Can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha. A 14-day notice is required.

C. The Prime Minister and Council of Ministers (CoM)

• Real Executive: They wield the real executive power in India's parliamentary system.
• Prime Minister (PM):
  • Appointment (Article 75): Appointed by the President. By convention, the President invites the leader of the majority party or coalition in the Lok Sabha to form the government. Must be a member of either Lok Sabha or Rajya Sabha (if not, must become one within 6 months).
  • Head of Government: Leads the Council of Ministers.
  • Powers & Functions: Link between President and CoM (Article 78 requires PM to communicate all decisions of CoM and proposals for legislation to the President), allocates portfolios to ministers, presides over Cabinet meetings, guides and coordinates the work of various ministries, leader of the House (usually Lok Sabha), principal spokesperson of the government, shapes foreign policy, advises President on appointments, recommends dissolution of Lok Sabha.
• Council of Ministers (CoM):
  • Appointment (Article 75): Appointed by the President on the advice of the PM.
  • Composition: Includes different ranks of ministers:
    • Cabinet Ministers: Head important ministries, form the 'Cabinet' (the core decision-making body).
    • Ministers of State (Independent Charge): In charge of smaller ministries, attend Cabinet meetings only when invited.
    • Ministers of State: Attached to and assist Cabinet Ministers.
    • Deputy Ministers: Assist Cabinet Ministers or Ministers of State (rarely appointed now).
  • Size (Article 75(1A)): Total number of ministers, including the PM, shall not exceed 15% of the total strength of the Lok Sabha (added by 91st Constitutional Amendment Act, 2003).
  • Responsibility:
    • Collective Responsibility (Article 75(3)): The CoM is collectively responsible to the Lok Sabha. This means if a no-confidence motion is passed against the government, or if a crucial bill (like a money bill) is defeated, the entire CoM must resign. They swim and sink together. Cabinet decisions bind all ministers.
    • Individual Responsibility (Article 75(2)): Ministers hold office during the pleasure of the President (which effectively means the pleasure of the PM). A minister can be removed by the President on the PM's advice if the PM is unhappy with their performance or conduct. Ministers are also responsible for the functioning of their respective departments.
  • Cabinet: The smaller, core group of senior ministers (Cabinet Ministers) headed by the PM. It is the highest decision-making body, meeting frequently to decide on government policies. The word 'Cabinet' was formally inserted into Article 352 by the 44th Amendment Act, 1978.

D. Permanent Executive: Bureaucracy / Civil Services

• Role: The administrative machinery responsible for implementing government policies and laws passed by the legislature and decided upon by the political executive. Provides continuity in administration.
• Features:
  • Political Neutrality: Expected to serve the government of the day impartially, regardless of political affiliation.
  • Anonymity: Work behind the scenes; ministers take public responsibility for departmental actions.
  • Permanence: Remain in office till retirement age, providing stability and expertise.
  • Expertise: Recruited based on merit, possess specialized knowledge.
  • Hierarchy: Organized in a hierarchical structure.
• Recruitment: Primarily through competitive examinations conducted by the Union Public Service Commission (UPSC) for All India Services (IAS, IPS, IFS-Forest) and Central Services, and State Public Service Commissions (SPSCs) for State Services.
• Importance: Crucial for policy formulation (providing information and advice to ministers) and policy implementation across the country. Essential for day-to-day administration.
• Challenges: Sometimes criticized for being rule-bound (red-tapism), resistant to change, potential for corruption, and political interference.

Conclusion:

India's executive structure is parliamentary, characterized by a nominal Head of State (President) and a real Head of Government (Prime Minister leading the Council of Ministers). This system ensures the executive is responsible and accountable to the elected legislature (Lok Sabha). The permanent executive, or bureaucracy, plays a vital role in implementing policies and ensuring administrative continuity. Understanding the distinct roles, powers, and interrelationships of these components is key to understanding Indian governance.

Multiple Choice Questions (MCQs)

Here are 10 MCQs based on the chapter:

1. In the Indian Parliamentary system, the real executive power is vested in:
   a) The President
   b) The Parliament
   c) The Prime Minister and Council of Ministers
   d) The Bureaucracy

2. The President of India is elected by an Electoral College consisting of:
   a) All members of Parliament and State Legislative Assemblies
   b) Elected members of Parliament and State Legislative Assemblies
   c) Members of Lok Sabha and Rajya Sabha only
   d) Elected members of Lok Sabha only

3. Which Article of the Constitution deals with the Pardoning Power of the President?
   a) Article 61
   b) Article 72
   c) Article 123
   d) Article 356

4. The principle of 'Collective Responsibility' under Article 75(3) means that the Council of Ministers is collectively responsible to:
   a) The President
   b) The Prime Minister
   c) The Rajya Sabha
   d) The Lok Sabha

5. The power of the President to issue Ordinances under Article 123 can be exercised only when:
   a) The Lok Sabha has been dissolved
   b) There is a national emergency
   c) The Parliament (either or both houses) is not in session
   d) The Supreme Court advises the President

6. Who acts as the ex-officio Chairman of the Rajya Sabha?
   a) The President
   b) The Vice-President
   c) The Speaker of Lok Sabha
   d) The Prime Minister

7. The 91st Constitutional Amendment Act, 2003, limits the size of the Council of Ministers (including the PM) at the Centre to:
   a) 10% of the total strength of Lok Sabha
   b) 15% of the total strength of Lok Sabha
   c) 10% of the total strength of Parliament
   d) 15% of the total strength of Parliament

8. Which of the following is considered a 'discretionary power' of the President of India?
   a) Appointing the Attorney General
   b) Giving assent to a Money Bill
   c) Appointing the Prime Minister when no single party has a clear majority
   d) Declaring a Financial Emergency

9. The permanent executive in India refers to:
   a) The Council of Ministers
   b) The Members of Parliament
   c) The Civil Services / Bureaucracy
   d) The Judiciary

10. Who appoints the Prime Minister of India?
    a) The Chief Justice of India
    b) The Speaker of Lok Sabha
    c) The President of India
    d) The outgoing Prime Minister

Answer Key for MCQs:

1. c) The Prime Minister and Council of Ministers
2. b) Elected members of Parliament and State Legislative Assemblies
3. b) Article 72
4. d) The Lok Sabha
5. c) The Parliament (either or both houses) is not in session
6. b) The Vice-President
7. b) 15% of the total strength of Lok Sabha
8. c) Appointing the Prime Minister when no single party has a clear majority
9. c) The Civil Services / Bureaucracy
10. c) The President of India

Make sure you revise these notes thoroughly. Understanding the nuances of the executive branch is fundamental for any government exam. Let me know if any part needs further clarification.