Union Executive

The President

▸ Article 52 states that there shall be a President of India.
▸ The President of India is the Head of the State. The President symbolises the entire nation as one political community. The President is the first citizen of India.
▸ The President always comes first in the Order of Precedence issued by the government.
▸ According to Article 53(1), the executive power of the Union vests with the President. However, the President can exercise his/her powers either directly or through officers subordinate to him/her in accordance with the Constitution.
▸ All the executive decisions are taken in the name of the President.

Election of the President

▸ The provisions dealing with the election of the President, are provided in Articles 54, 55, 57, 58 and 71 and accordance with the presidential and Vice-Presidential Elections Act of 1952, as Amended in 1997.
▸ Article 54 states that the President is elected not directly by people, but by the members of an electoral college consisting of — the elected members of both the Houses of Parliament, — the elected members of the Legislative Assemblies of the States, and — the elected members of the Legislative Assemblies of Union Territories of Delhi and Puducherry.
— Thus, the nominated members of both the Houses of Parliament and State Legislatures don't participate in the election process of the President.
▸ Article 55(3) provides for the election of the President by the system of proportional representation by means of the single transferable vote. The voting is by Secret Ballot. The nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders.
The election process is as follows:
— Each member of the Electoral College is given only one ballot paper. The voter, while casting his vote, is required to indicate his preferences by marking 1,2,3,4 etc against the names of candidates. This means that the voter can indicate as many preferences as there are candidates in the fray.
— In the first phase, the first preference votes are counted. In case a candidate secures the required quota in this phase, he is declared elected. Otherwise, the process of transfer of votes is set in motion.
— The ballot of the candidate securing the least number of first preference votes are cancelled and his second preference votes are transferred to the first preference votes of other candidates.
— This process continues till a candidate secures the required quota. The required quota for the President's election is 50%.
* The Supreme Court has the authority to decide a doubts and disputes regarding President's and Vice-President's election. (Article 71)
* Only a candidate or group of not less than 20 electors can only file a dispute petition before the SC.
* The only President who has served two terms was Dr Rajendra Prasad.

Term of Office

▸ The President shall hold office for a tenure of 5 years from the date on which he/she enters the office (Article 56(1)). Even after the President completes his/her term, he/she shall occupy the office unless a successor is sworn in.
▸ The resignation letter has to be addressed to the Vice- President. Then, it shall forth with be communicated by him/her to the Speaker of the Lok Sabha.
▸ The President is eligible for re-election and may be elected for any number of term in India. However, it has been the convention that a serving President is not entertained to seek another term.

Eligibility Criteria and Oath

▸ Article 58 of the Constitution sets the principle qualifications one must meet to be eligible to the office of the President.
A President must be
— a citizen of India;
— of 35 years of age or above;
— qualified to become a member of the Lok Sabha.
▸ A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
▸ Article 60 says that the oath or affirmation of office to the President is administered by the Chief Justice of India and in his absence, the senior most Judge of the Supreme Court available.

Salaries and Amenities

▸ The salary of the President of India has been increased from 1.50 lakh to 5 lakh per month.

Conditions and Privileges of President's Office

▸ The Constitution lays down the following conditions of the President's office
— President shall not be a member of either House of Parliament or a House of the State Legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as President. (Article 59(1))
— He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
— His emoluments and allowances cannot be diminished during his term of office.
— He enjoys personal immunity from legal liability of his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. However, after giving 2 months notice, civil proceedings can be instituted against him.

Impeachment of the President

▸ According to Article 61, when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of the Parliament. What act of the President amount to the violation of Constitution or is a political determination to be made by the Parliament.
▸ No such charge shall be preferred unless the proposal to prefer such charge is contained in a resolution which has been moved after at least 14 days notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution and such resolution has been passed by a majority of not less than two-third of the total membership of the House.
▸ When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.
▸ If as a result of the investigation a resolution is passed by a majority of not less than two-third of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. No President has faced impeachment proceedings. Hence, the above provisions have never been used.
▸ The nominated members of either House of Parliament can participate in the impeachment of President though they do not participate in the election of the Presidential post.
▸ The elected members of the Legislative Assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his/her election.

Succession

▸ In the event of a vacancy created for the President's post due to death, resignation, removal etc Article 65
of the Indian Constitution says that the Vice-President will have to discharge his duties.
▸ The Vice-President reverts to his/her office when a new President is elected and enters upon his office. When the President is unable to act owing to his/her absence, illness or any other cause, the Vice-President discharges the President's functions for a temporary period until the President resumes his duties.
▸ When the Vice-President acts as or discharges the functions of the President, he/she has all the powers and immunities of the President and is entitled to the same emoluments as the President.
▸ Parliament has by an enactment made provision for the discharge of the functions of the President when vacancies occur in the offices of the President and of the Vice-President simultaneously, owing to removal, death, resignation of the incumbent or otherwise.
▸ In such an eventuality, the Chief Justice of India or in his absence, the seniormost judge of the Supreme Court of India available discharges the functions of the President until a newly elected President enters upon his office or a newly elected Vice-President begins to act as President under Article 65 of the Constitution, whichever is the earlier.
▸ Justice M Hidayat-ul-lah, A Chief Justice of India discharged the duties of President from 20th July – 24th August, 1969. He is the only Chief Justice of India to perform the functions of President.

Powers and Functions

Executive Powers
▸ The executive powers and functions of the President are as follows
— All executive actions of the Government of India are formally taken in his name.
— He/She can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
— He/She can make rules for more convenient transaction of business of the Union Government and for allocation of the said business among the ministers.
— He/She appoints the Prime Minister and the other ministers. They hold office during his pleasure.
— He/She appoints the Attorney General of India and determines his remuneration. The Attorney General holds office during the pleasure of the President.
— He/She appoints the comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Governors of States, the Chairman and Members of Finance Commission and so on.
— He/She can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister.
— He/She can require the Prime Minister to submit, for consideration of the Council of Ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council.
— He/She can appoint a commission to investigate into the conditions of SCs, STs and other backward classes.
— He/She can appoint an inter-state council to promote centre-state and inter-state co-operation.
— He/She directly administers the Union Territories through administrators appointed by him.
— He/She can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
Legislative Powers
▸ The President summons both the Houses of the Parliament and prorogues them. He or she can even dissolve the Lok Sabha.
▸ These powers are formal and by convention, the President uses these powers according to the advice of the Council of Ministers headed by the Prime Minister.
▸ President inaugurates the Parliament by addressing it after every general elections and also at the beginning of the first session each year. Presidential address on these occasions is generally meant to outline the new policies of the government.
▸ All Bills passed by the Parliament can become laws only after receiving the assent of the President. The President can return a Bill to the Parliament, (if it is not a Money Bill,) for reconsideration. When after reconsideration, the Bill is passed and presented to the President, with or without amendments, the President is obliged to assent to it.
▸ When both Houses of the Parliament are not in session and if government feels the need for immediate action, President can promulgate ordinances which have the same force and effect as laws passed by Parliament. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than 6 weeks from the date the Parliament is convened unless approved by it earlier.
▸ In the event of a hung Parliament, where no Party has absolute majority in the Lok Sabha, the President invites Parties to command the required support and form the government. If the majority is still not achieved President can call for a new election.
Reports Caused to be Laid before Parliament by President
▸ The President shall cause certain reports to be laid in Parliament.
They are as follows
— Annual Financial Statement.
— Statements showing budgetary grants, supplementary grants etc.
— Report of Comptroller and Auditor General of India.
— Report of the Finance Commission.
— Report of the Union Public Service Commission.
— Report of the National Commission for Scheduled Castes and Scheduled Tribes and Backward Classes.
— Report of the Commissioner for Linguistic Minorities.
Bills that Require Prior Recommendation of the President
▸ There are certain Bills which can be introduced in the Parliament only on the recommendation of the President such as — A Bill to alter the boundaries of the States or to change the names of the States (Article 3).
— A Money Bill as detailed in Article 110.
— A Financial Bill (category one) involving Article 110 but containing other provisions as well.
— A Financial Bill (category two) which is an Ordinary Bill but seeking to draw from the Consolidated Fund of India can be taken up for 'consideration' that is 'reading two' in the process of passage of a Bill.
— Legislation involving Article 31 A.
— Any legislation involving items of taxation in which the States are interested or one that seeks to redefine agricultural income etc.
Financial Powers
▸ No demand for a grant can be made except on his/her recommendation.
▸ Money Bill can be introduced in the Parliament only with the President's prior recommendation.
▸ He/She can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.
▸ He/She constitutes a Finance Commission after every 5 years to recommend the distribution of the taxes between the centre and the states.
Diplomatic Powers
▸ The international treaties and agreements are negotiated and concluded on behalf of the President.
▸ He/She represents India in International forums and affairs.
▸ He/She sends and receives diplomats like Ambassadors, High Commissioners and so on.
Military Powers
▸ He/She is the Supreme Commander of the Defence Forces of India. He/She appoints the Chiefs of the Army, the Navy and the Air Force. He/She can declare war or conclude peace, subject to the approval of the Parliament.
Judicial Powers
▸ Article 143 (1), that deals with laws after the commencement of Constitution neither Supreme Court is bound to give advice nor the advice tendered is binding on President. But, under Clause 2 of Article 143 (i.e 143(2)), that, deals with laws before the commencement of Constitution, it is binding for Supreme Court to tender advice of asked by President and it's also binding on President to accept and act on advice so tendered.
Veto Powers
The President enjoys three veto powers which he/she can use to deny the execution of an action recommended by Parliament.
They are as follows
Absolute Veto When a Bill other than a Money Bill passed by Parliament, the President may decline to give assent to the Bill altogether. However, in practise there runs a risk as the President may attract impeachment for ignoring the advice of Council of Ministers and that of Parliament whose support is crucial for President's survival.
Suspensive Veto When a Bill other than a Money Bill is passed by Parliament and the President may resend the Bill to Parliament for further consideration with a message to amend certain provisions of a Bill. However, if the Parliament passes it again with or without amendment, the President is bound to give assent on it.
Pocket Veto This veto power is used when the President feels that the party in power is likely to face destability and may disincline to assent to a Bill passed and neither communicate it to the Council of Ministers nor send it back for Parliament for reconsideration. The Bill lies in President's office for an indefinite period. In case of a Money Bill the President may assent to it or decline to do so but cannot send it back to Parliament. In case of Constitutional Amendment Bills, the President is bound to his/her assent to it e.g. APJ Abdul Kalam with holding Office of Profit Bill.
▸ He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence.
Pardoning Power of President
▸ The President can issue the following orders of mercy to the convicted citizens of India (Article 72)
— Pardon It means absolving the convict of all guilt and punishment.
— Commutation It is reduction of punishment from death sentence to life imprisonment.
— Remission It is quantitative reduction of punishment without affecting nature of punishment. Include it under the pardoning powers.
— Respite It means reduction of punishment in view of a special fact
— Reprieve It implies a stay of death sentence or life imprisonment pending an appeal for pardon or commutation.
Pardoning Power of the Governor
▸ According to Article 161, the Governor of a State also possesses powers to grant pardons and suspend, remit or commute the sentence of any person convicted of an offence against a law relating to a matter to which the executive power of the state extends. It means that the Governor has mercy powers, in cases, where conviction is under a law of that state.
Comparison between Pardoning Powers of the President and the Governor
▸ The scope of pardoning power of the President under Article
72 is wider than the pardoning power of the Governor under Article 161. Their powers differ in the following two ways
▸ The power of the President to grant pardon extends to cases where the punishment or sentence is by a Court Martial. But, Article 161 does not provide any such power to the Governor.
▸ The President can grant pardon in all cases where the sentence given is a sentence of death, but pardoning power of the Governor does not extend to death sentence cases. However, the Governor can suspend, remit or commute a death sentence.
Supreme Court on Death Sentence Pardoning
Supreme Court on 21st January, 2014, in a landmark verdict, held that death sentence of a condemned prisoner can be commuted to life imprisonment on the ground of delay on the part of the government in deciding the mercy plea. Giving life term to 15 death row inmates, including four Aides of forest brigand Veerappan, the apex court also ruled that a death convict suffering from mental insanity and schizophrenia cannot be hanged. Framing guidelines on disposal of mercy petitions and execution of death sentence, the bench headed by Chief Justice ruled that convicts given death sentence must be informed about the rejection of their mercy pleas and should be given a chance to meet their family members before they are executed.
Discretionary Powers
▸ The President of India almost always acts on the aid and advice of the Council of Ministers except under the following circumstances where he/she acts on his/her discretion
— In appointing the Prime Minister from among the contenders when no single party attains majority after elections to the Lok Sabha.
— A Council of Ministers is voted out and after resigning advises the President to dissolve, the Lok Sabha and hold fresh elections (or resigns and advises so without being voted out). The President is expected to exercise his discretion in such circumstances as much of the Lok Sabha's life may still be intact and it is worthwhile to explore the possibility of forming an alternative Government.
— President can refer a decision of an individual minister for the collective consideration of Council of Ministers.
— When the Houses of the Parliament do not meet regularly, the President may act in his/her discretion and summon both the Houses of the Parliament.
— While exercising a pocket veto.
— Can return the advice of the Council of Ministers once for its reconsideration.
— Can return the bill passed by the Parliament once for its reconsideration.
Emergency Powers
▸ National Emergency can be declared on grounds of war, external aggression or armed rebellion (Article 352).
▸ The President can proclaim this emergency only after receiving a written recommendation from the Cabinet.
▸ President's Rule can be proclaimed in a state on grounds of failure of the constitutional machinery in the state (Article 356) or failure to comply with or to give effect to the directions given by the Union (Article 365).
▸ The President can proclaim Financial Emergency (Article 360) if he is satisfied that the financial stability or credit of India or any part there of is threatened.
▸ When a Financial Emergency is proclaimed, the President can give directions to the states to observe the canons of financial propriety.

Important Presidential Interventions

▸ The President's role as defender of the Constitution and their powers as Head of State, especially in relation to those exercised by the Prime Minister as leader of the government, have changed over time.
▸ In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning Presidential intervention.
— In 1979, the then Prime Minister, Charan Singh, did not enjoy a parliamentary majority. He responded to this by simply not advising the President to summon Parliament. But President Neelam Sanjeev Reddy declined to respect that advice.
— In 1986, President Giani Zail Singh exercised a pocket veto with the Post Office Bill as he objected to the clauses that violated privacy matters.
— In 1991, President R Venkataraman withheld the MP Salaries Bill as it was passed without his prior recommendation.
— In 1999, President KR Narayanan declined to impose President's Rule in Bihar as there was a clear majority in the Assembly.
— In 2002, President KR Narayanan directed the Prime Minister to take concrete actions to reign in the Godhra communal violence.
— In 2006, President Abdul Kalam used suspensive veto in regard to the office of Profit Bill.

Constitutional Position of the President

▸ The President has to exercise his powers and functions with the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74).
▸ The 42nd Constitutional Amendment, Act of 1976 has made the President bound by the advice of the Council of Ministers headed by the Prime Minister (Article 78).
▸ The 44th Constitutional Amendment, Act of 1978 has authorised the President to require the Council of Ministers to reconsider such advice either generally or otherwise. However, he/she 'shall' act in accordance with the advice rendered after such reconsideration.
Comparison

Indian President American President

He is only a figurehead, the real executive power is vested in Prime Minister. He is the real head of the executive. He appoints PM, leader of the majority. Only the advice of the PM, President appoints others ministers. The members of the Cabinet are nominated by the President. Then they are called secretaries not ministers. He can dissolve the Lok Sabha only on the advice of the Cabinet. He cannot dissolve legislature. The term is 5 years. The term is 4 years. President of India represents Parliamentary democracy. American President represents Presidential democracy. A person may be re-elected for many times. A person cannot function for more than two terms. No qualified veto. Has qualified veto power No spoils system. Has spoils system.

The Vice-President

▸ Article 63 of the Constitution provides for the Vice-President of India. He is the second highest constitutional officer in the country. He is accorded a rank next to the President in the official warrant of Precedence.

Election of the Vice-President

▸ Article 66(1) the Vice-President is elected by an Electoral College consisting of members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by Secret Ballot. The Electoral College to elect a person to the office of the Vice-President consists of both elected and nominated members of the Parliament.
▸ The nomination of a candidate for election to the office of Vice-President must be subscribed by at least 20 electors as proposers and 20 electors as seconders.
▸ The Vice-President is not a member of either House of Parliament or of a House of a Legislature of any state. If a member of either House of Parliament or of a House of a Legislature of any state is elected as Vice-President, he/she is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President.
▸ The oath or affirmation of office to the Vice-President is administered by the President or some person appointed in that behalf by him/her.

Qualifications

▸ A person cannot be elected as Vice-President unless he/she
— is a citizen of India.
— has completed the age of 35 years.
— is qualified for election as a member of the Council of States (Rajya Sabha).
▸ A person is also not eligible if he holds any office of profit under the Government of India or a State Government or any local or other authority subject to the control of State and Centre governments.
▸ An election to fill a vacancy caused by the expiry of the term of office of Vice- President is completed before the expiry of the term.
▸ In case, a vacancy arises by reasons of death, resignation or removal or otherwise, the election to fill that vacancy is held as soon as possible after the occurrence. The person so elected is entitled to hold office for a full term of 5 years from the date he enters office.

Vice-President as Acting President

▸ The Vice-President acts as President, during casual vacancy in the office of the President by reason of death, resignation or removal or otherwise, until a new President is elected as soon as practicable and in no case, later than 6 months from the date of occurrence of the vacancy.
▸ When two Presidents, Zakir Hussain and Fakruddin Ali Ahmed died in office, the then respective Vice-Presidents, V V Giri and BD Jatti acted as President.
▸ When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President discharges those functions till the President resumes office. During this period, the Vice-President has all the powers, immunities and privileges of the President and receives emoluments and allowances payable to the President.

Removal and Vacancy

▸ The Vice-President may resign his office by submitting his resignation to the President of India. The resignation becomes effective from the day it is accepted.
▸ The Vice-President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha).
▸ The Constitution is silent on who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term or when the Vice-President acts as the President of India.
▸ The only provision in the Constitution is with regard to the Vice-President's function as the Chairperson of the Council of States (Rajya Sabha), which is performed during the period of such vacancy, by the Deputy Chairperson of the Rajya Sabha or any other member of the Rajya Sabha authorised by the President of India.

Emoluments

▸ The Constitution has not fixed any emoluments for the Vice-President in that capacity. He draws his regular salary in his capacity as the ex-officio Chairman of the Rajya Sabha. In 2018, the salary of Vice-President of India has been raised to 4 lakh per month from 1.25 lakh earlier.

Powers and Functions

▸ He/She acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. In this respect, he/she resembles the American Vice-President who also acts as the Chairman of the Senate, the Upper House of the American Legislature.
▸ He/She acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise.
▸ He/She can act as President only for a maximum period of 6 months within which a new President has to be elected.
▸ Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.
▸ While acting as President or discharging the functions of President, the Vice-President does not perform the duties of the office of the Chairman of Rajya Sabha. During this period, those duties are performed by the Deputy Chairman of Rajya Sabha.

Council of Ministers

▸ Article 74 and Article 75 deals with the provision regarding Council of Ministers.
▸ There shall be a Council of Ministers with the Prime Minister as a head to aid and advise the President, who shall in the exercise of his functions, act in accordance with such advice.
▸ Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise and the President shall act in accordance with the advice tendered after such reconsideration.
▸ The question whether any and if so what, advice was tendered by ministers to the President shall not be inquired into by any court.
▸ The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister.
▸ The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was inserted in Article 72 (1(A)) added by 91st Amendment Act, 2003.
▸ A member of either House of Parliament belonging to any political party, who is disqualified for being a member of that House under 10th Schedule shall also be disqualified to be appointed as a minister.
▸ The ministers shall hold office during the pleasure of the President. This means that the ministers can be removed by the President at his/her will. However, all this is in practice used at the behest of the Prime Minister.
▸ A minister who is a member of one House of Parliament has the right to speak and to take part in the proceedings of the other House also, but he can vote only in the House of which he is a member.
▸ A minister who for any period of 6 consecutive months, is not a member of either House of the Parliament shall at the expiration of that period cease to be a minister. There shall always be a Council of Ministers and there can arise no situation where there can be no Prime Minister or no Council of Ministers.
▸ The advice tendered by the Council of Ministers is bound to be accepted by the President including the suggestion of dissolution of Lok Sabha. The advice tendered to the President is confidential and no question can be raised on the advice, tendered in a Court of Law.

Composition of the Council of Ministers

▸ The Constitution of India does not categorise the ministers. But in convention the Council of Ministers consists of the three categories of Ministers, namely.
Cabinet Ministers
▸ Seniormost members of Council of Minister, who act as head of important ministries of the Central Government. e.g. Defence Ministry, Home Ministry, Finance Ministry etc. They are the integral part of Cabinet, as a result of which, they play a very important role in framing policies.
▸ The Constitution originally did not indicate the word 'Cabinet' . However, this word was inserted by the 44th Constitutional Amendment Act with regard to emergency provisions. The Cabinet refers to an elite group within the Council of Ministers who hold powerful portfolios like defence, home, finance etc.
▸ The rest of the Council of Ministers attend Cabinet meetings only when they are called to do so. Cabinet meetings are usually held every week to take stock of the state affairs.
▸ A new precedent of Group of Ministers (GoMs) has been established to scrutinise complex issues that requires the expertise of academicians and think tanks also. Only Cabinet Ministers occupy the GoMs.
Minister of State
▸ Second in rank and they can be given independent charge of ministries or can be attached to the Cabinet Ministers. When attached to the Cabinet Ministers, they work under the guidance of Cabinet Ministers.
▸ The difference from the Cabinet Ministers lie in the fact that, they do not attend the Cabinet meetings as they are not the part of Cabinet (unless specially invited when something related to their ministry is being considered by the Cabinet).
Deputy Ministers
▸ Junior most and they are never given independent charge of ministry (unlike Ministers of State) and always remain attached to the Cabinet Ministers or Ministers of State.
▸ They assist to discharge the political, administrative and parliamentary duties effectively. They are neither part of Cabinet nor attend the Cabinet meetings.
Kitchen Cabinet
▸ The Cabinet, a small body consisting of the Prime Minister as its head and some 15 to 20 most important Ministers is the highest decision-making body in the formal sence. However, in practice, a still smaller body called the 'inner Cabinet or kitchen Cabinet' has become the real centre of power.
Caretaker Government
▸ The system of parliamentary democracy has its own celebrated norms in respect of the formation of government, its accountability immediately to the popular chamber of the nation legislature and ultimately to the electorate and the operation of a Caretaker Government beginning with an appeal to the voters' made by the Head of State and ending with the installation of a new government. A Caretaker Government is neither an ad hoc nor a stop-gap mechanism devised to face or deal with a serious situation like war or internal revolt.
Council of Ministers vs Cabinet

Council of Ministers Cabinet It is a wider body consisting of 60 to 70 ministers. It is a smaller body consisting of 15 to 20 ministers. It includes all the three categories of ministers, i.e. Cabinet Ministers, Ministers of State and Deputy Ministers. It includes the Cabinet Ministers only. Thus, it is a part of the Council of Ministers. It does not meet, as a body, to transact government business. It has no collective functions. It meets, as a body, frequently and usually once in a week to deliberate and take decisions regarding the transaction of the government business. Thus, it has collective functions. It is vested with all powers, but in theory. It exercises, in practice, the power of the Council of Ministers and thus, acts for the latter. Its functions are determined by the Cabinet. It directs the Council of Ministers by taking policy decisions which are binding on all ministers. It implements the decisions taken by the Cabinet. It supervises the implementation of its decisions by the Council of Ministers.

Responsibility of Council of Ministers

Collective Responsibility
▸ Council of Ministers is collectively responsible to the House of People [Article 75(3)]. Ministry resigns as soon as it looses confidence of Lok Sabha.
▸ Vote of no confidence passed against any member automatically, leads to the resignation of the whole council.
▸ The collective responsibility of ministers is to the Lok Sabha even though some of the ministers may belong to the Rajya Sabha.
Individual Responsibility
▸ The Principle of Individual Responsibility is embodied in Article 75(2). It says that the minister shall hold office during the pleasure of the President.
▸ They shall be individually responsible to the executive head and shall be liable to dismissal even when they may have the confidence of the legislature.

Prime Minister

▸ In the scheme of the Parliamentary System of Government provided by the Constitution, the President is the nominal executive (de-jure) authority and the Prime Minister is the real executive authority (de-facto).
▸ He/She is the Chairman of the NITI Aayog, National Development Council, National Integration Council, Interstate Council, National Water Resources Council and plays an important role in shaping our Foreign Policy.

Appointment of Prime Minister

▸ Article 75 says only that Prime Minister shall be appointed by the President. However, this does not imply that the President is free to appoint anyone as the Prime Minister. The President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister. But when no party has a clear majority in the Lok Sabha, then the President may exercise his/her personal discretion in the selection and appointment of the Prime Minister.

Powers and Functions

In Relation to the Council of Ministers
▸ He/She recommends to the President, those persons who are to be appointed as ministers.
▸ He/She allocates and reshuffles various portfolios among the ministers.
▸ He/She can ask a minister to resign or advice the President to dismiss him/her.
▸ He/She presides over the meetings of the Council of Ministers and influences its decisions.
▸ He/She guides, directs, controls and coordinates the activities of all the ministers.
In Relation to the President
▸ He/She advises the President with regard to the appointment of important officials like the Attorney General of India, the Comptroller and Auditor General of India, the Chairman and the members of the UPSC, the Election Commissioners and so on.
▸ He/She is the principal channel of communication between the President and the Council of Ministers (Article 78). He communicates to the President all the decisions of the Council of Ministers relating to the administration of the affairs of the union and proposals for legislation.
▸ He/She furnishes as such information relating to administration of the affairs of the union and proposals for legislation as the President may call for.
In Relation to the Parliament
▸ The Prime Minister is the leader of the Lower House of the Parliament. However, there are exceptions such as former Prime Minister Manmohan Singh, who was a member of the Rajya Sabha.
▸ He/She advises the President with regard to the summoning and proroguing of the sessions of the Parliament. He can recommend dissolution of the Lok Sabha to the President at any time. He announces the government policies on the floor of the house. He/She has the right to intervene in any debate in the Parliament.
Deputy Prime Minister
There is no mention of Deputy Prime Minister in the Constitution. Deputy Prime Minister is appointed mostly due to political compulsion. Sardar Patel was the first Deputy Prime Minister during Prime Minister Nehru's time. Morarji Desai, Charan Singh, Jagjivan Ram, YB Charan, Devilal and LK Advani were also worked as Deputy Prime Minister during the period of various Prime Minister's.
Cabinet Committees
▸ They are extra-constitutional. However, the rules of business provides for their establishment. They are setup by the Prime Minister. They usually include only Cabinet Ministers. They are mostly headed by the Prime Minister. Sometimes, other Cabinet Ministers also act as their chairman.
They are of two types
Standing Committee
▸ These are of permanent in nature. The four most important standing committees are Political Affairs Committee, Economic Affairs Committee, Appointments Committee and Parliamentary Affairs Committee.
Adhoc Committee
▸ They are of a temporary in nature. They are constituted from time to time, to deal with special problems. They are disbanded after their task is completed.

Attorney General

▸ The Attorney General for India is appointed by the President of India under Article 76 of the Constitution and holds the office during the pleasure of the President.
▸ He/She must be a person, qualified to be appointed as a Judge of the Supreme Court.
▸ The term of office of the Attorney General is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his/her removal. He/She may quit his/her office by submitting his/her resignation to the President. Also, the remuneration of the Attorney General is not fixed by the Constitution.

Duties and Functions of the Attorney General

▸ As the chief law officer of the Government of India, the duties of the Attorney General include as follows
— To give advice to the Government of India upon such legal matters, which are referred to him by the President.
— To perform such other duties of a legal character that are assigned to him/her by the President.
— To discharge the functions conferred on him/her by the Constitution or any other law.
▸ Accordingly, the President has assigned the following duties to the Attorney General
— To appear on the behalf of the Government of India in all cases, in the Supreme Court in which the Government of India is concerned.
— To represent the Government of India in any reference made by the President to Supreme Court under Article 143 of the Constitution (power of President to consult Supreme Court).
— To appear (when required by the Government of India) in any High Court in any case, in which the Government of India is concerned.

Rights and Limitations

▸ In the performance of his/her official duties, the Attorney General has the right of audience in all courts in the territory of India.
▸ He/She has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting or any committee of the Parliament of which he/she may be named a member, but without a right to vote.
▸ He/She enjoys all the privileges and immunities that are available to a member of Parliament.
▸ There are some limitations placed on Attorney General as well, such as — He/She should not advise or hold a brief against the Government of India.
— He/She should not advise or hold a brief in cases, in which he/she is called upon to advice or appear for the Government of India.
— He/She should not defend accused persons in criminal prosecution without the permission of the Government of India.
— He/She should not accept appointment as a Director in any company or corporation without the permission of the Government of India.
▸ However, he/she does not fall in the category of government servant and he/she is not debarred from private legal practices.
Solicitor General
The Solicitor General of India is the second law officer of the country and assists the Attorney General. The Solicitor General is further assisted by four Additional Solicitor General. The Constitution does not mention about the Solicitor General. The Solicitor General does not tender legal advice to the Government of India and its workload is confined to appearing in courts on behalf of union of India.