UNION EXECUTIVE
Introduction:
The Preamble of the Constitution of India, Declares India a Sovereign, Socialist,
Secular, Democratic Republic. Unlike England where a hereditary monarch, either a
Queen or a King is the Head of the State, India has an elected President as head of the
state with fixed tenure of office.
The President is the supreme head of all the constitutional wings of the State, i.e the
legislature. Executive, judiciary and armed forces. The President supervises their
functions and ensures adherence to constitutional provisions by these bodies. The
President represents the entire nation and upholds the constitution in every sphere of
State’s activity.
But unlike the President of the USA, Where the President of the republic wields defacto (real, functional) executive powers, the President of Indian Republic is not vested
with direct executive responsibilities; Such direct and real executive responsibilities are
assigned by the Constitution, to a Council of ministers led by the prime minister, and
such council of ministers, both collectively and individually responsible and
accountable to the union legislature.
Thus, our Republican form of State is different from American form of Republic.
Where it is Presidential executive.
PRESIDENT:
The President is the head of the Indian State. He is the first citizen of India and acts as
the symbol of unity, integrity and solidarity of the nation.

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Qualifications for election as President
1. He should be a citizen of India.
2. He must have completed the age of 35 years.
3. He should be qualified to become the member of the Lok Sabha.
4. He should not hold any office of profit under the government.
Election of President
The President is elected by members of an electoral college consisting of: –
1. The elected members of both the Houses of Parliament,
2. The elected members of the Legislative Assemblies of the States.
The election of the President of India is in accordance with the system of proportional
representation by means of single transferable vote. The system of secret ballot is
adopted for the election of the President.
Term
The President of India is elected for a period of five years. He is eligible for re-election
for a second term.
Procedure for Impeachment of the President
The President of India can be removed from office by impeachment for violation
of the constitution. Impeachment has to be approved by both the House of Parliament.
One fourth of the total members of a House can give notice at least fourteen days in
advance of their intention to impeach the President. The charges if approved by twothirds majority will be referred to the other House for investigation. If the investigating
House also approves the charges with two-thirds majority, the President shall stand
impeached and will vacate his office, on the date on which such a resolution is passed.
Powers of the President of India
1. Executive Powers
The executive power of the Union is vested in the President and is exercised by
him either directly or through officer’s subordinate to him in accordance with the
constitution. There is a Council of Ministers to aid and advise the President in the
exercise of his functions. All executive powers of the Union government are exercised
in the name of President.

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The Prime Minister is appointed by the President and on the advice of the Prime
Minister other Ministers of the Union are appointed by the President. The President
appoints the Attorney -General of India, Comptroller and Auditor – General of India,
Ambassadors, High Commissioners and other diplomatic representatives to foreign
countries, the Chief Justice and other Judges of the Supreme Court and the High
Courts, Governors of States, Lt. Governors, Chairman and members of the Union
Public Service Commission, Election Commission. The President is the Supreme
Commander of the Armed forces. He appoints the Chief of Staff of Army, Navy and the
Air Force.
The President has the power to remove the Ministers on the advice of the Prime
Minister. He can remove the Chairman or a member of the Union Public Service
Commission only on the basis of the report of the Supreme Court. He can remove a
Judge of the Supreme Court or the Election Commissioner only on the basis of
decisions taken by the Parliament by a special majority in both the Houses.
It may be observed that though formally all the executive powers are vested in the
President, he exercises them on the advice of the Prime Minister and his Council of
Ministers. Earlier it was not obligatory for the President to accept this advice but the
Forty-Second Amendment Act, 1976 made it obligatory for the President to exercise his
functions in accordance with the advice of the Council of Ministers.
However, under the Forty-Fourth Amendment Act, 1978 the President has been
authorized to refer back the matter to the Council of Ministers for reconsideration. But
if the Council of Ministers after such reconsideration tenders any advice to the
President, the President has to abide by the same.
2. Legislative Powers
The President of India summons the Parliament at least twice a year. President
prorogues or terminates the sessions of both or any of the Houses of Parliament. He is
empowered to dissolve the Lok Sabha.
The President nominates twelve members to the Rajya Sabha, from among the
distinguished persons in the field of art, science, literature and social service. He can
also nominate not more than two members to the Lok Sabha from among the Anglo-

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Indian Community if in his opinion that community is not adequately represented
therein.
President addresses the Parliament. He may address the joint-sitting of both the
Houses or any of its Houses separately. He can convene a joint sitting of the Lok Sabha
and Rajya Sabha to resolve the dispute if any.
No bill passed by the Parliament can become a law, without the assent or approval of
the President. The President is empowered to issue an ordinance when the Parliament
is not in session.
3. Financial Powers
No money bill can be introduced in the Parliament without the recommendation of the
President. The constitution of India places the Contingency Fund of India at the
disposal of the President who is authorized to make advances out of it to meet the
unforeseen expenditure pending its final authorization by the Parliament. Every five
year, the President appoints a Finance Commission.
4. Judicial Powers
The President has the power to grant pardon, reprieve or remission of punishment. He
has the right to seek advice of the Supreme Court on a matter involving constitution
and law.
5. Emergency Powers
The President of India is vested with emergency powers.
They are as follows: –
(a) Emergency due to war or external aggression or armed rebellion (Article :352)
(b) Emergency due to failure of constitutional machinery in States (Article: 356)
(c) Financial emergency. (Article: 360)
VICE-PRESIDENT:
The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The
Vice-President occupies the second highest office in the country. He is accorded a rank
next to the President in the official warrant of precedence. In the event of the
occurrence of any vacancy in the office of the President by reason of his death,

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resignation or removal, or otherwise, the Vice-President acts as the President until the
date on which a new President takes charge. When the President is unable to discharge
his functions owing to absence, illness or any other cause, the Vice-President shall
discharge his functions until the date on which the President resumes his duties.
Qualifications
1. He should be a citizen of India
2. He must have completed the age of 35 years
3. He should possess the qualifications to become the member of the Rajya Sabha.
4. He should not hold any office of profit under the government.
Election of the Vice – President
The Vice – President of India is elected by the members of an electoral college
consisting of the members of both Houses of Parliament.
Oath or Affirmation:
Before entering upon his office, the Vice-President has to make and subscribe
to an oath or affirmation. In his oath, the Vice-President swears:
1. To bear true faith and allegiance to the Constitution of India; and
2. To faithfully discharge the duties of his office.
The oath of office to the Vice-President is administered by the President or some
person appointed in that behalf by him.
Term of Office of Vice-President
The Vice – President of India is elected for a period of five years. He is eligible for reelection. The Vice-President may resign before the expiry of his term.
Vacancy in office
The Vice-President occupies the second highest office in the country. He is accorded a
rank next to the President in the official warrant of precedence.
Removal Procedure
Parliament can remove him from office. At least fourteen days notice is necessary for
this purpose. If Rajya Sabha passes a resolution for removal of Vice-President by a

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majority of its total membership and if Lok Sabha also agrees to it, the Vice-President
shall be removed from office.
Functions
As the Chairman of the Rajya Sabha, the Vice-President presides over the meetings of
the House. As the Presiding Officer, the Chairman of the Rajya Sabha is the
unchallenged guardian of the prestige and dignity of the House. He is also the principle
spokesman of the House and represents the collective voice to the outside world. He
ensures that the proceedings of the House are conducted in accordance with the
relevant constitutional provisions, roles, practices and conventions and that decorum is
maintained in the House.
The Office of the Vice-President is one of the unique features of the constitution of
India. It has no exact parallel in the countries of other democratic constitutions of the
world.
PRIME MINISTER:
In the scheme of parliamentary system of government provided by the constitution, the
President is the nominal executive authority and Prime Minister is the real executive
authority. In other words, president is the head of the State while Prime Minister is the
head of the government.
Oath or Affirmation:
Before the Prime Minister enters upon his office, the president administers to him the
oaths of office and secrecy. In his oath of office, the Prime Minister swears:
1. to bear true faith and allegiance to the Constitution of India
2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his office, and
4. to do right to all manner of people in accordance with the Constitution and the
law, without fear or favour, affection or ill will.
In his oath of secrecy, the Prime Minister swears that he will not directly or indirectly
communicate or reveal to any person(s) any matter that is brought under his
consideration or becomes known to him as a Union Minister except as may be required
for the due discharge of his duties as such minister.

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Term
The term of the Prime Minister is not fixed and he holds office during the pleasure of
the president. However, this does not mean that the president can dismiss the Prime
Minister at any time. So long as the Prime Minister enjoys the majority support in the
Lok Sabha, he cannot be dismissed by the President. However, if he loses the
confidence of the Lok Sabha, he must resign or the President can dismiss him.
Salary
The salary and allowances of the Prime Minister are determined by the Parliament
from time to time. He gets the salary and allowances that are payable to a member of
Parliament. Additionally, he gets a sumptuary allowance, free accommodation,
travelling allowance, medical facilities, etc.
Powers and Functions
The Prime Minister is the Head of the Government. He is the real executive. The Prime
Minister is appointed by the President. The President invites the leader of the majority
party in the Lok Sabha to become the Prime Minister.
The Prime Minister of India is
1. Leader of the majority party
2. Leader of the Cabinet
3. Leader of the Parliament
4. Link between the President and Council of Ministers
5. Link between the President and Parliament
6. The Chief Spokesman of the Nation
7. Responsible for running the administration of the country
8. Responsible for conduct of international relations.
The Prime Minister is described as the ‘Keystone of the Cabinet Arch’ and ‘First among
equals’. Professor Harold J. Laski called him ‘The pivot of the whole system of
Government’. Sir Ivor Jennings described him as ‘The Sun around which the planets
revolve’.

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ATTORNEY GENERAL OF INDIA:
The Constitution (Article 76) has provided for the office of the Attorney General for
India. He is the highest law officer in the country.
Appointment
The Attorney General is appointed by the President.
Qualifications
He must be a person who is qualified to be appointed a judge of the Supreme Court. In
other words, he must be a citizen of India and he must have been a judge of some high
court for five years or an advocate of some high court for ten years or an eminent jurist,
in the opinion of the president.
Term
The term of office of the AG is not fixed by the Constitution. Further, the Constitution
does not contain the procedure and grounds for his removal. He holds office during the
pleasure of the president. This means that he may be removed by the president at any
time. He may also quit his office by submitting his resignation to the president.
Conventionally, he resigns when the government (council of ministers) resigns or is
replaced, as he is appointed on its advice.
Salary
The remuneration of the AG is not fixed by the Constitution. He receives such
remuneration as the President may determine.
Duties and Functions:
1. To give advice to the Government of India upon such legal matters, which are
referred to him by the president.
2. To perform such other duties of a legal character that are assigned to him by the
president.
3. To discharge the functions conferred on him by the Constitution or any other
law.
4. To appear on behalf of the Government of India in all cases in the Supreme
Court in which the Government of India is concerned.

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5. To represent the Government of India in any reference made by the president to
the Supreme Court under Article 143 of the Constitution.
6. To appear (when required by the Government of India) in any high court in any
case in which the Government of India is concerned.
In the performance of his official duties, the Attorney General has the right of audience
in all courts in the territory of India. Further, he has the right to speak and to take part
in the proceedings of both the Houses of Parliament or their joint sitting and any
committee of the Parliament of which he may be named a member, but without a right
to vote. He enjoys all the privileges and immunities that are available to a member of
Parliament. He does not fall in the category of government servants.
STATE EXECUTIVE
GOVERNOR
The executive power of the state is vested in the Governor and all executive actions of
the state have to be taken in the name of the Governor. But he has to act as the nominal
head of the state due to parliamentary system.
Normally, there shall be a Governor for each state according to Article 153, but an
amendment of 1956 makes it possible to appoint the same person as the Governor for
two or more states.
Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The state
executive consists of the governor, the chief minister, the council of ministers and the
advocate general of the state. Thus, there is no office of vice-governor (in the state) like
that of Vice-President at the Centre.
Appointment of Governor
The Governor is not elected but is appointed by the President and holds office at
pleasure of the President. According to the Constitution, the Governor is appointed by
the President by a warrant under his hand and seal. But, in actual practice, the
Governor is appointed by the President on the recommendation of the Prime Minister.

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Qualifications
Any citizen of India over 35 years of age is eligible for the office, but he must not hold
any other office of profit, not be a member of the legislature of the union or of any state
according to Article 158.
But, the Sarkaria Commission has suggested that a person to be appointed as the
Governor should satisfy the following criteria.
1. He should be eminent in some walk of life.
2. He should be a person from outside the state.
3. He should be a detached figure and not intimately connected with local polities
of the state.
4. He should be a person who has not taken too great a part in polities generally
and particularly in the recent past and
5. In selecting a Governor in accordance with the above criteria, persons belonging
to the minority groups should continue to be given a chance as hitherto.
Term
The normal term of a Governor’s office shall be five years and he can be given another
term also. Even after the completion of his term, he continues in office till his successor
joins the office. Even though the term of office of Governor is five years, he may lose his
office by his resignation or the dismissal by the President. He receives his salary from
the Consolidated Fund of the state which is non-votable in the State Legislature.
Powers and Functions of the Governor
The Governor is the head of the state executive and he has enormous powers.
In the exercise of functions and powers, the Governor, except in certain cases, is to be
guided by the aid and advise of the Council of Ministers headed by the Chief Minister
under Article 163. As the executive head in the state level, the Governor has following
functions and powers.
A. Executive powers
• All executive actions of the state government are formally taken in the name of
Governor.
• He appoints the Chief Minister and other ministers. They also hold office during
his pleasure.

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• He appoints the Advocate – General of the state and determines his
remuneration. The Advocate General holds his office during the pleasure of the
Governor.
• He appoints the State Election Commissioner and determines his condition of
service and tenure of office.
• He appoints the Chairman and Members of the State Public Service
Commission. Yet, they can be removed from office only by the President of India
and not by the Governor
B. Legislative Powers
• The Governor is an integral part of the state legislature. But he is not a member
in the either house of the legislature. In this capacity, he enjoys the following
legislative powers.
• He has the right to summon or prorogue the state legislature and dissolve the
State Legislative Assembly.
• He can address the state legislature at the commencement of the first session
after each general election and the first session of each year.
• He can send messages to the houses of the state legislature relating to a bill
pending in the legislature.
• He can appoint any member of the Legislative Assembly to preside over its
proceedings when the offices of both the Speaker and the Deputy Speaker fall
vacant.
C. Financial Powers
• The Governor has to see that the state budget known as the Annual Financial
Statement is laid before the legislature.
• Money Bills can be introduced in the state legislature only with his prior
recommendation.
• No demand for any grant can be made exception on his recommendation.
• He can make advances out of the state Contingency Fund to meet any
unforeseen expenditure; and

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• He constitutes a Finance Commission after every five years to review the
financial position of the panchayats and the municipalities.
D. Judicial powers
• The Governor can grant pardons, reprieve and remissions of punishment or
suspend, remit and commute the sentence of any person convicted of any
offence. But, the pardoning power of the Governor differs from the president in
following ways.
• The President can pardon the death sentence while the Governor cannot.
• The President can pardon the sentences inflicted by court martial whereas the
Governor cannot.
• He is consulted by the President while appointing the judges of the concerned
state High Court.
• He makes appointments, postings and promotions of the district judges in
consultation with the High Court; and
• He appoints the persons to the judicial service of the state in consultation with
High Court and the Public Service Commission.
E. Discretionary Powers:
The Governor reserves a bill for the consideration of the president. He recommends for
the imposition of the President’s rule in the state. He seeks information form the Chief
Minister relating to the administrative and legislative matters of the state. He can call
the leader of any party to form ministry in the state when there is no clear-cut majority
to any party in the Legislative Assembly after the general election she can dismiss the
Council of Ministers when it is unable to prove the confidence of the Legislative
Assembly; and He can dissolve the Legislative Assembly if the Council of Ministers has
lost its majority.
F. Miscellaneous Powers:
In addition to the functions and powers mentioned above, the Governor exercises the
following miscellaneous function also. The Governor receives the annual report of the
State Public Service Commission and submits the same to the Council of Ministers and
the state legislature for discussion; and He receives the report of the Auditor – General

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regarding income and expenditure made by different departments under the State
Government.
CHIEF MINISTER:
In the scheme of parliamentary system of government provided by the Constitution,
the governor is the nominal executive authority and the Chief Minister is the real
executive authority
Appointment of Chief Minister
The Chief Minister is appointed by the Governor. Actually, after the general elections to
the state Legislative Assembly are over, the Governor calls the leader of the majority
party to form ministry in the state
Oath
Before the Chief Minister enters his office, the governor administers to him the oaths of
office and secrecy. In his oath of office, the Chief Minister swears:
1. to bear true faith and allegiance to the Constitution of India,
2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his office, and
4. to do right to all manner of people in accordance with the Constitution and the
law, without fear or favour, affection or ill-will.
In his oath of secrecy, the Chief Minister swears that he will not directly or indirectly
communicate or reveal to any person(s) any matter that is brought under his
consideration or becomes known to him as a state minister except as may be required
for the due discharge of his duties as such minister.
Term
The Chief Minister shall hold office during the pleasure of the Governor. However, the
normal term of office of the Chief Minister is five years. But, he may lose the office due
to his resignation and the imposition of state emergency under Article 356.
Salary
The salary and allowances of the Chief Minister are determined by the state legislature.
In addition to the salary and allowances, which are pay able to a member of the state

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legislature, he gets a sumptuary allowance, free accommodation, travelling allowance,
medical facilities, etc.
Powers of Chief Minister
The Chief Minister is the chief of state administration. He has enormous functions and
powers.
The following are the functions and powers of the Chief Minister.
A. Relating to the Council of Ministers
As the head of the Council of Ministers, the Chief Minister enjoys the following
functions and powers. The Chief Minister recommends the persons who can be
appointed as ministers by Governor. He allocates the portfolios among the ministers.
He shuffles and reshuffles his ministry. He can ask a minister to resign or to advise the
Governor to dismiss him in case of difference of opinion. He presides over the meetings
of the Council of Ministers and influences its decisions. He can bring about the collapse
of the council of ministers by resigning from office; and He guides, directs, controls and
coordinates the activities of all the ministers.
B. Relating to the Governor
1. The Chief Minister is the principal channel of communication between the
Governor and the Council of Ministers under Article 167, and
2. He advises the Governor in relation to the appointment of the following officials.
(a) Advocate General
(b) State Election Commissioner
(c) Chairman and Members of the State Public Service Commission.
(d) Chairman and Members of the State Planning Commission
(e) Chairman and Members of the State Finance Commission.
C. Relating to State Legislature
The Chief Minister advises the Governor with regard to the summoning and proroguing
the sessions of the state legislature. He announces the government policies on the floor
of the house. He can introduce the bills in the Legislative Assembly; and He can
recommend for the dissolution of the Legislative Assembly to the Governor anytime.

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D. Other function and powers
As the leader of the ruling party, the Chief Minister has to control the party and
develop the disciplines. As the leader of the state, he has to keenly consider the
demands of the different sections of the people. As the political head of the various
services, he has to supervise, control and co-ordinate the secretaries of various
departments in the state level.
For smooth functioning of the state and for good Centre-State relations, he has to
develop a rapport with the union government; and the size of the ministry is decided by
the Chief Minister.
However, only 15 percent of the members of the Legislative Assembly can be made as
ministers due to the recent constitutional amendment. Thus, the Chief Minister plays a
very significant and highly crucial role in the state administration.
However, the discretionary powers of the Governor have slightly reduced the role and
importance of the Chief Minister only in a few states where the Governors have special
provision. But it is not so in the states like Tamil Nadu.
COUNCIL OF MINISTERS:
The constitution of India under Article 163 provides that there shall be a Council of
Ministers with the Chief Minister as its head to aid and advise the Governor in every
state. Accordingly, the Governor is a nominal head and real powers of the state
government vests in the Council of Ministers in Tamil Nadu.
NATURE OF ADVICE BY MINISTERS
Article 163 provides for a council of ministers with the chief minister at the head to aid
and advise the governor in the exercise of his functions except the discretionary ones. If
any question arises whether a matter falls within the governor’s discretion or not, the
decision of the governor is final and the validity of anything done by him cannot be
called in question on the ground that he ought or ought not to have acted in his
discretion.

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Appointment of Ministers
The Chief minister is appointed by the Governor. The other ministers are appointed by
the governor on the advice of the chief minister. This means that the governor can
appoint only those persons as ministers who are recommended by the chief minister.
Oath
Before a minister enters upon his office, the governor administers to him the oaths of
office and secrecy. In his oath of office, the minister swears:
1. to bear true faith and allegiance to the Constitution of India,
2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his office, and
4. to do right to all manner of people in accordance with the Constitution and the
law, without fear or favour, affection or ill-will.
In his oath of secrecy, the minister swears that he will not directly or indirectly
communicate or reveal to any person(s) any matter that is brought under his
consideration or becomes known to him as a state minister except as may be required
for the due discharge of his duties as such minister
Term
There is no fixed term of office prescribed for the ministers and they hold office during
the pleasure of the Governor. However, the normal term of office of the minsters is five
years.
Salary
The salaries and allowances of the ministers are determined by the state legislature
from time to time. A minister gets the salary and allowances which are payable to a
member of the state legislature. Additionally, he gets a sumptuary allowance (according
to his rank), free accommodation, travelling allowance, medical facilities, etc.
Composition of the Council of Minister
As far as the size of the Council of Ministers is concerned, it is not uniform in all the
states in India. the number of ministers should not exceed 15 percent of the total
members of the state legislative Assembly due to the recent Constitutional Amendment
Act.

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Each minister has to be a member in the state Legislative Assembly. If not, he has to
procure this membership within six months. In Tamil Nadu, according to the strength
of Legislative Assembly (234 members), the number ministers may be up to 34, i.e. 15
percent of 234.
Functions:
The Council of Ministers maintains law and order and security of life and property of
the people in the state. It formulates and decides the policies of the state and
implements them effectively. It decides the legislative programmes of the Legislative
Assembly and sponsor all important bills. It controls the financial policy and decides
the tax structure for the public welfare of the state. It chalks out programmes and
schemes for the socioeconomic changes so that the state makes headway in various
inter-related fields.
It makes the important appointments of the Heads of Departments. It discusses and
takes efforts on the dispute with other states It advises the Governor on the
appointment of Judges of the subordinate courts.
It considers state’s share of work in the Five Year Plans and determines its obligations.
It frames the proposal for incurring expenditure out of state reserves. It decides all the
bills whether ordinary bills or money bills to be introduced in the Legislative Assembly.
Each minister of the Council of Ministers supervises, controls and coordinates the
department concerned; and Annual Financial Statement called as the Budget is
finalized by the Council of Ministers.
ADVOCATE GENERAL OF THE STATE
The Constitution (Article 165) has provided for the office of the Advocate General for
the states. He is the highest law officer in the state.
Appointment
The Advocate General is appointed by the governor.

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Qualifications
He must be a person whose qualified to be appointed a judge of a high court. In other
words, he must be a citizen of India and must have held a judicial office for ten years or
been an advocate of a high court for ten years.
Term
The term of office of the advocate general is not fixed by the Constitution.
Removal
The Constitution does not contain the procedure and grounds for his removal. He holds
office during the pleasure of the governor. This means that he may be removed by the
governor at any time. He may also quit his office by submitting his resignation to the
governor. Conventionally, he resigns when the government (council of ministers)
resigns or is replaced, as he is appointed on its advice.
Salary
The remuneration of the advocate general is not fixed by the Constitution. He receives
such remuneration as the governor may determine.
Duties and Functions
To give advice to the government of the state upon such legal matters which are
referred to him by the governor. To perform such other duties of a legal character that
are assigned to him by the governor. To discharge the functions conferred on him by
the Constitution or any other law. In the performance of his official duties, the advocate
general is entitled to appear before any court of law within the state. Further, he has
the right to speak and to take part in the proceedings of both the Houses of the state
legislature or any committee of the state legislature of which he may be named a
member, but without a right to vote. He enjoys all the privileges and immunities that
are available to a member of the state legislature.
Questions:
1. Discuss the power and function of the President of the India.
2. Explain the powers and functions of the Governor of Tamil Nadu.
3. Briefly discuss the functions of
a) Attorney General of India. b) Advocate General of the State.