Polity Titbits: Functions/powers of executive

Executive

Titbits

  1. President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
  2. Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
  3. MLCs not included in electoral college of either president or VP
  4. Value of votes of all elected MPs = Value of votes of all elected MLAs
  5. Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
  6. Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
  7. Impeachment for violation of constitution by ⅔ absolute majority
  8. Vacancy in presidential office, VP and in his absence CJI
  9. President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
  10. President appoints judges of supreme court as well as high court
Issue President Governor
Head Head of the country, head of govt is PM Head of a state, head of govt is CM
Executive power All executive action in his name Same
Oath Preserve, protect and defend the constitution Same
Appointment Indirect election Nominated by president; representative of union in states
Removal Impeachment President can remove him any time/ pleasure principle
Grounds of removal Violation of constitution No grounds mentioned
Advice of council of minister Binding (42nd amendment), can return the advice once (44th amendment) binding save for exceptional circumstances (various supreme court judgements)
Ordinance Art 123, when either house is not in session, not for CAB Art 213, same
Ordinary bill Can be sent for reconsideration once to parliament, bound to give assent after that same
Money bill Can’t send for reconsideration (after all president himself recommends the bill) same
Constitution amendment bill Has to give his assent (24th amendment) No role
if governor reserves the bill for president (article 200) Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) No further role of governor
If house sends the bill back in the same form Not bound to give assent <governor is bound to give assent after repassage> No role
Clemency power Can pardon death sentence and court martial sentences Can’t pardon death sentence, no role in military matters

 

Bills which must be reserved for President’s consideration

  1. bills derogating the powers of the High Court (art 200)
  2. imposition of taxes on water or electricity in certain cases (Article 288)
  3. during a Financial Emergency (art 360)

 

Bills which may be reserved for President’s consideration and assent for specific purposes

a). To secure immunity from operation of Articles 14 and 19. These are Bills for

  1. acquisition of estates, etc.  (Article 31A(I (b))
  2. giving effect to Directive Principles of State Policy (Article 31C)

(b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)

(c) Legislation imposing restrictions on trade and commerce

 

Titbits

    1. President (governor) appoints leader of majority party as PM (CM). Discretion in case of no clear majority.
    2. Ministers are appointed on the advice of PM or CM (no discretion)

 

  • CM of UTs is appointed by President not Lt. Governor

 

  1. Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
  2. Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
  3. Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
  4. Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
  5. Cabinet is subset of CoM and includes only ministers of cabinet rank (article 352)

 

Governor of state  v/s LG of Delhi

Governor/ state LG/ Delhi
Appointment of CM/ ministers By governor By president
Ministers hold office till pleasure of Governor President
Discretion Very limited Can refer any matter to president if not satisfied
Who can make Laws on state list Only state legislature ordinarily Parliament as well as state legislature

 

Civil services

While ministers are political executives, civil servants are permanent executives as they don’t have to seek mandate of people every five years.

All India services: Common to both centre and states

  1. Recruitment by centre, serve under states
  2. 3 all india services – IAS, IPS and indian forest services <created in 1968>
  3. Parliament can create new IAS if RS passes a resolution by ⅔ majority
  4. Central govt makes service rules in consultation with state govt
  5. Work under pleasure of president with safeguards
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