Executive

Different countries have different types of executive. Three main types are discussed in the chapter: presidential, parliamentary, and semi-presidential. **Presidential system:** - The president is both the Head of State AND Head of Government - Executive power is concentrated in the president's office - The office is very powerful both in theory and practice - Countries: USA, Brazil, most of Latin America **Parliamentary system:** - The prime minister is the Head of Government - A president or monarch serves as the nominal Head of State — primarily ceremonial - Prime minister along with the cabinet wields effective power - Countries: Germany, Italy, Japan, United Kingdom, Portugal, India **Semi-presidential system:** - Both a president and a prime minister exist - Unlike parliamentary system, the president may possess significant day-to-day powers - It is possible for the president and prime minister to belong to different parties - Countries: France, Russia, Sri Lanka **Why India chose parliamentary over presidential:** India had experience of the parliamentary system under the Acts of 1919 and 1935, and this had shown the system could effectively control the executive through representatives of the people. The Constitution makers wanted: 1. A government sensitive to public expectations and accountable to people 2. Strong executive but with safeguards against personality cult 3. Mechanisms to ensure executive is answerable to and controlled by people's representatives The presidential executive was rejected specifically because it "puts much emphasis on the president as the chief executive and as source of all executive power" and carries the "danger of personality cult." **Country examples from the chapter:** - Canada: parliamentary democracy with constitutional monarchy (Queen Elizabeth II as formal head) - France: semi-presidential (president appoints PM and ministers but cannot dismiss them as they are responsible to Parliament) - Japan: parliamentary (Emperor as head of state, PM as head of government) - Italy: parliamentary (president as formal head, PM as head of government) - Russia: semi-presidential (president as head of state; PM appointed by president as head of government) - Germany: parliamentary (president is ceremonial; chancellor is head of government) - Sri Lanka: semi-presidential (executive presidency; president directly elected)

The executive organ includes both the political executive (PM, ministers) and the permanent executive (bureaucracy/civil service). The bureaucracy consists of trained and skilled officers who work as permanent employees of the government, assisting ministers in formulating and implementing policies. **Political neutrality:** The bureaucracy is expected to be politically neutral — it will not take any political position on policy matters. When a new government comes with different policies, the bureaucracy must faithfully and efficiently participate in drafting and implementing those new policies. **Structure:** The Indian bureaucracy is an enormously complex system comprising: All-India Services, State services, employees of local governments, and technical/managerial staff of public sector undertakings. **Recruitment:** The Union Public Service Commission (UPSC) is entrusted with conducting recruitment to the civil services for the Government of India. Similar Public Service Commissions exist for States. Members of PSCs are appointed for a fixed term; their removal or suspension is subject to a thorough enquiry by a judge of the Supreme Court. **Merit and representation:** While efficiency and merit are norms for recruitment, the Constitution ensures all sections of society (including weaker sections) have opportunity to join the public bureaucracy — reservation of jobs for Dalits and Adivasis; subsequently also for women and other backward classes. **IAS and IPS:** Persons selected by UPSC for Indian Administrative Service (IAS) and Indian Police Service (IPS) form the backbone of higher-level bureaucracy in States. An IAS/IPS officer is assigned to a particular State but appointed by the central government. Only the central government can take disciplinary action against them. This means key State administrative officers are under central government supervision — a feature that strengthens central control over States.

The Vice-President of India must satisfy a specific set of constitutional qualifications before being eligible for election. These qualifications are designed to ensure that only citizens of sufficient maturity and constitutional standing occupy this second-highest office in the country. The qualifications focus on citizenship status, age, parliamentary eligibility, and freedom from conflict of interest through office-holding. Additionally, candidates must meet procedural requirements including nomination subscriptions and security deposits. The qualifications ensure alignment with the role of the Vice-President, who serves as ex-officio Chairman of the Rajya Sabha and acts as President during vacancies or presidential incapacity.

The President of India is the formal Head of State. The Constitution formally vests executive power of the Union in the President. In reality, the President exercises these powers through the Council of Ministers headed by the Prime Minister. Nehru described the President's position as: "We did not give him any real power but we have made his position one of authority and dignity... a great figurehead." **Election:** The President is elected for a period of five years. The election is indirect — not by ordinary citizens but by elected MLAs and MPs. The election follows the principle of proportional representation with single transferable vote. **Removal:** The President can be removed only by Parliament through the impeachment procedure. This requires a special majority. The only ground for impeachment is violation of the Constitution. **Powers in a parliamentary system:** In a parliamentary system, the President's powers are exercised only on the advice of the Council of Ministers in most cases. However, the President is formally invested with wide-ranging executive, legislative, judicial, and emergency powers. **Discretionary Powers of the President:** Three situations where the President can exercise discretion: 1. **Sending back advice for reconsideration:** The President can return the advice given by the Council of Ministers and ask for reconsideration. Although the Council can send back the same advice (and the President would then be bound by it), such a request carries weight. The President acts on own discretion here. 2. **Veto power (pocket veto):** The President can withhold or refuse to give assent to Bills (other than Money Bills) passed by Parliament. If the same bill is returned and passed again by Parliament and sent back, the President must give assent. However, the Constitution does not specify a time limit within which the President must return the bill. This allows the President to keep a bill pending indefinitely — known as the "pocket veto." 3. **Appointment of Prime Minister in a hung Parliament:** Formally, the President appoints the Prime Minister. Normally, this is automatic (whoever has Lok Sabha majority). But when no party has a clear majority and multiple leaders claim support, the President must use own discretion to judge who can actually form and run the government. Since 1989, coalition politics has increased the importance of presidential discretion. In four elections from 1989 to 1998, no single party/coalition attained a majority. Presidential intervention was required either to constitute governments or to grant dissolution requests. Text states: "presidential discretion is related to political conditions." **Why a President is needed in a parliamentary system:** The Council of Ministers depends on majority support and can be removed at any time. A fixed-term Head of State is needed to appoint the Prime Minister and symbolically represent the entire country. When no party has a clear majority, the President has the additional responsibility of choosing the Prime Minister.

The Vice-President of India holds the second highest office in the country and has two primary functions. First, the Vice-President acts as ex-officio Chairman of the Rajya Sabha (Council of States), in which capacity the Vice-President's powers and functions are similar to those of the Speaker of the Lok Sabha. Second, the Vice-President acts as President when a vacancy occurs in the office of the President due to resignation, impeachment, death, or other causes. When acting as President due to a vacancy, the Vice-President can serve only for a maximum period of six months, within which a new President must be elected. Additionally, when the sitting President is unable to discharge functions due to absence, illness, or any other cause, the Vice-President discharges the President's functions until the President resumes office. While the Vice-President acts as President or discharges presidential functions, the Deputy Chairman of the Rajya Sabha performs the duties of the Chairman. The Constitution has not assigned any significant function to the Vice-President beyond these two roles. Unlike the American Vice-President who succeeds to the presidency when it falls vacant, the Indian Vice-President merely serves as an acting President until a new President assumes charge.

The Vice-President of India holds office for a fixed term of five years from the date he enters upon his office. During this term, he may resign voluntarily or be removed through a constitutional process. The Constitution provides for removal without formal impeachment through a resolution passed by the Rajya Sabha by effective majority and agreed to by the Lok Sabha, with no grounds for removal specified. The Vice-President may continue in office beyond his five-year term until his successor assumes charge and is eligible for reelection for any number of terms. A vacancy in the office can occur through expiry of tenure, resignation, removal, death, or disqualification. When a vacancy occurs through expiration of the sitting Vice-President's term, an election must be held before that expiration. When a vacancy arises from resignation, removal, death, or other causes, an election must be held as soon as possible. A newly-elected Vice-President serves a complete five-year term from the date he assumes office.

The office of the Indian Vice-President is modelled on the American Vice-President, but there are significant structural differences in how the two offices function. While both serve as chairmen of their respective upper legislative houses, their succession mechanisms to the presidency differ fundamentally. The American Vice-President succeeds to the presidency when it falls vacant and remains President for the unexpired term of the predecessor. In contrast, the Indian Vice-President does not assume the office of President when it falls vacant for the unexpired term; instead, he merely serves as an acting President until a new President assumes charge through fresh election. This distinction reflects different constitutional designs and the Indian Constitution's approach to maintaining presidential continuity through formal elections rather than automatic succession. The source notes that because the Indian Vice-President lacks a permanent succession role, some scholars have termed the office "His Superfluous Highness," though it was created with the view to maintain the political continuity of the Indian State.

The Vice-President of India is elected indirectly by an electoral college, similar to the President's election but with key differences in its composition. This electoral college consists of members from both Houses of Parliament, including both elected and nominated members. Notably, members of state legislative assemblies are not included in the Vice-President's electoral college. The method of election involves proportional representation by means of the single transferable vote and secret ballot. All disputes concerning the Vice-President's election are decided by the Supreme Court, whose decision is final. The validity of an election cannot be challenged on the grounds of an incomplete electoral college. If a Vice-President's election is declared void, any acts performed by them before such declaration remain valid. To be eligible, a candidate must be a citizen of India, have completed 35 years of age, be qualified for election as a member of the Rajya Sabha, and not hold any office of profit under the Union or state government or any local or public authority. However, sitting Presidents, Vice-Presidents, state governors, and Union or state ministers are not disqualified as they are not deemed to hold an office of profit. A candidate's nomination requires subscription by at least 20 proposers and 20 seconders from the electoral college, along with a security deposit of ₹15,000.

The Attorney General (AG) of India, established under Article 76 of the Constitution, is the highest law officer in the country. The AG is appointed by the President and must possess qualifications equivalent to those required for a Supreme Court judge—namely, Indian citizenship and either five years as a high court judge, ten years as a high court advocate, or recognition as an eminent jurist. The AG holds office during the pleasure of the President, with no fixed term specified in the Constitution. Conventionally, the AG resigns when the government changes, as the appointment operates on the advice of the council of ministers. The President determines the AG's remuneration, which is not constitutionally fixed. As the chief law officer of the Government of India, the AG provides legal advice on matters referred by the President, performs other legal duties assigned by the President, and discharges functions conferred by the Constitution or law. Key assigned duties include appearing for the Government of India in Supreme Court cases, representing the Government in Article 143 references to the Supreme Court, and appearing in high courts when required. The AG possesses significant rights in the performance of official duties: the right of audience in all Indian courts, the right to participate in parliamentary proceedings without voting rights, and all privileges and immunities available to Parliament members. However, these rights are balanced by limitations designed to prevent conflicts of duty. The AG cannot advise or represent against the Government, cannot defend criminal accused without permission, cannot accept corporate directorships without approval, and cannot advise government ministries or public sector undertakings except through the Ministry of Law and Justice. Importantly, the AG is not a full-time government counsel and is not classified as a government servant, permitting private legal practice. The AG is distinct from other law officers like the Solicitor General and Additional Solicitor General (created by executive decision, not Constitution) and is not a member of the Central Cabinet—a separate law minister handles government legal affairs.