Union and State Executive and Legislatures

Union Executive

The Union Executive in India comprises the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India. This executive branch is responsible for implementing laws passed by the Parliament and for the day-to-day administration of the Union government.

President of India

The President is the head of the State, the supreme commander of the armed forces, and the constitutional head of the executive. However, the President exercises executive powers either directly or through officers subordinate to him. The President is elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the State Legislative Assemblies.

Term of Office: The President holds office for a term of five years from the date on which he enters upon his office. He can be re-elected.

Powers and Functions:

• Executive Powers: Appoints the Prime Minister and other ministers, appoints the Attorney General, Comptroller and Auditor General, Judges of the Supreme Court and High Courts, Governors, Election Commissioners, etc. He also directs and controls the administration.
• Legislative Powers: Summons and prorogues Parliament, dissolves the Lok Sabha, addresses both Houses, assents to bills, issues ordinances, etc.
• Financial Powers: Money bills can be introduced only on his recommendation. The annual budget is presented in his name.
• Judicial Powers: Grants pardons, reprieves, respites, or remissions of punishment. The President can also commute a sentence.
• Emergency Powers: Can declare National Emergency (Article 352), State Emergency or President's Rule (Article 356), and Financial Emergency (Article 360).

Impeachment: The President can be removed from office by impeachment for 'violation of the Constitution'. The impeachment proceedings can be initiated by either House of Parliament. A 14-day prior notice must be given to the President. The resolution must be passed by a special majority (two-thirds of the total membership of that House and a majority of not less than two-thirds of the members of the other House present and voting).

Vice-President of India

The Vice-President is the second-highest office in the country. He 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. He must be an Indian citizen, not less than 35 years of age, and qualified for election as a member of the Rajya Sabha.

Term of Office: The Vice-President holds office for a term of five years. He can be re-elected.

Powers and Functions:

• He acts as the ex-officio Chairman of the Rajya Sabha and presides over its sessions.
• He acts as President during a vacancy in the office of President due to death, resignation, impeachment, or otherwise.
• He can be removed from his office by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha by a resolution for which a majority of all the then members of the Lok Sabha.

Prime Minister of India

The Prime Minister is the head of the government and the leader of the executive. The President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha. The Prime Minister is the principal channel of communication between the President and the Council of Ministers.

Powers and Functions:

• Formation of Council of Ministers: Recommends to the President persons who can be appointed ministers. He allocates portfolios to the ministers and can ask a minister to resign or advise the President to dismiss him.
• Leadership of the Council of Ministers: Presides over the meetings of the Council of Ministers, guides their deliberations, and takes final decisions.
• Link between President and Cabinet: Communicates all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation to the President.
• Leader of the Nation: Represents the country in international forums.
• Role in Parliament: Leads the Lok Sabha, makes important policy statements, and answers questions related to government policies.

Council of Ministers

The Council of Ministers is a body of ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. The Council of Ministers is collectively responsible to the Lok Sabha.

Types of Ministers:

• Cabinet Ministers: Senior ministers who head important ministries. They are members of the Cabinet and attend its meetings.
• Ministers of State: May be allocated independent charge of a ministry or may be attached to a Cabinet Minister.
• Deputy Ministers: Assist Cabinet Ministers or Ministers of State in their work.

Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha. This means that all ministers are expected to stand together and support each other's policies. If the Lok Sabha passes a no-confidence motion against any minister, the entire Council of Ministers must resign.

Attorney General of India

The Attorney General is the highest law officer in India. The President appoints the Attorney General, who must be a person qualified to be appointed a Judge of the Supreme Court. He advises the Government of India on legal matters and performs other duties of a legal character as may be referred or assigned to him by the President.

Union Legislature: Parliament

The Parliament of India is the supreme legislative body of the Republic of India. It consists of the President and two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Parliament is responsible for making laws, controlling the executive, and representing the people.

Lok Sabha (House of the People)

The Lok Sabha is the lower house of the Parliament. Its members are directly elected by the people on the basis of universal adult franchise. The maximum strength of the Lok Sabha is 552 members: 530 to represent the States, 13 to represent the Union Territories, and 2 members to be nominated by the President from the Anglo-Indian community (this provision has been abolished).

Term: The normal term of the Lok Sabha is five years from the date of its first meeting. However, it can be dissolved earlier by the President.

Presiding Officers: The Lok Sabha is presided over by the Speaker, who is elected by the members of the Lok Sabha from amongst themselves. The Deputy Speaker is also elected by the members.

Functions:

• Enacting laws.
• Controlling the executive through questions, adjournment motions, no-confidence motions, etc.
• Approving the Union Budget.
• Electing the President and Vice-President.
• Discussing and passing bills.

Rajya Sabha (Council of States)

The Rajya Sabha is the upper house of the Parliament. It is a permanent body and is not subject to dissolution. Its members are elected indirectly by the elected members of the State Legislative Assemblies through a system of proportional representation by means of the single transferable vote. Its strength is 250 members: 238 to represent the States and Union Territories, and 12 members nominated by the President for their special knowledge or practical experience in literature, science, art, and social service.

Term: A member of the Rajya Sabha has a term of six years, and one-third of its members retire every second year.

Presiding Officers: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman is elected by the members of the Rajya Sabha from amongst themselves.

Functions:

• Participates in the legislative process, though it has limited powers compared to the Lok Sabha, especially in financial matters.
• Can review and amend bills passed by the Lok Sabha.
• Can initiate bills (except Money Bills).
• Plays a crucial role in representing the interests of the states.
• Can authorize the Parliament to make laws on subjects in the State List (Article 249).
• Can authorize the creation of new All-India Services (Article 312).

State Executive

The State Executive comprises the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State. The Governor is the constitutional head of the state, while the Chief Minister and his Council of Ministers are the real executive authority.

Governor

The Governor is the head of the state executive. He is appointed by the President and holds office during the pleasure of the President. The Governor acts as an agent of the Central Government in the state. He must be a citizen of India and must have completed 35 years of age.

Term of Office: The Governor holds office for a term of five years from the date on which he enters upon his office. However, he can continue in office even after the expiry of his term until his successor assumes office.

Powers and Functions:

• Executive Powers: Appoints the Chief Minister and other ministers, appoints the Advocate General, Chairman and members of the State Public Service Commission, Judges of the High Court, etc.
• Legislative Powers: Summons and prorogues the State Legislature, dissolves the Legislative Assembly, addresses the State Legislature, assents to bills, issues ordinances, etc.
• Financial Powers: Money bills can be introduced in the State Legislature only on his recommendation. The annual budget is presented in his name.
• Judicial Powers: Grants pardons, reprieves, respites, or remissions of punishment and commutes sentences.
• Discretionary Powers: The Governor has certain discretionary powers, such as reserving certain bills for the consideration of the President, recommending the imposition of President's Rule, and acting as the administrator of an adjoining Union Territory.

Chief Minister

The Chief Minister is the head of the state government. The Governor appoints the Chief Minister, who is usually the leader of the majority party in the Legislative Assembly. The Chief Minister and his Council of Ministers are collectively responsible to the Legislative Assembly.

Powers and Functions:

• Formation of Council of Ministers: Recommends to the Governor persons who can be appointed ministers. Allocates portfolios and can ask a minister to resign.
• Leadership of the Council of Ministers: Presides over the meetings of the Council of Ministers, guides their deliberations, and coordinates their work.
• Link between Governor and Council of Ministers: Communicates all decisions of the Council of Ministers relating to the administration of the state and proposals for legislation to the Governor.
• Leader of the State: Represents the state in various capacities.

Council of Ministers (State)

The Council of Ministers is a body of ministers headed by the Chief Minister to aid and advise the Governor in the exercise of his functions. The Council of Ministers is collectively responsible to the Legislative Assembly.

Types of Ministers: Similar to the Union Council of Ministers – Cabinet Ministers, Ministers of State, and Deputy Ministers.

Collective Responsibility: If the Legislative Assembly passes a no-confidence motion against any minister, the entire Council of Ministers must resign.

Advocate General of the State

The Advocate General is the highest law officer in the state. The Governor appoints the Advocate General, who must be a person qualified to be appointed a Judge of a High Court. He advises the State Government on legal matters and performs other duties of a legal character as may be referred or assigned to him by the Governor.

State Legislature

The State Legislature in India consists of the Governor and one or two Houses. In most states, there is a unicameral legislature (Legislative Assembly only). However, some states have a bicameral legislature (Legislative Assembly and Legislative Council).

Legislative Assembly (Vidhan Sabha)

The Legislative Assembly is the lower house of the State Legislature. Its members are directly elected by the people on the basis of adult franchise. The total number of members in the Legislative Assembly shall not exceed 500 and shall not be less than 60. The term of the Legislative Assembly is five years, but it can be dissolved earlier by the Governor.

Presiding Officer: The Legislative Assembly is presided over by the Speaker, who is elected by the members of the Assembly from amongst themselves. The Deputy Speaker is also elected by the members.

Functions:

• Enacting laws for the state.
• Controlling the state executive.
• Approving the State Budget.
• Passing resolutions and discussing matters of public importance.

Legislative Council (Vidhan Parishad)

The Legislative Council is the upper house of the State Legislature. It is a permanent body and is not subject to dissolution. It exists in only a few states (e.g., Uttar Pradesh, Bihar, Maharashtra, Karnataka, Telangana, Andhra Pradesh). Its members are indirectly elected, with a portion nominated by the Governor.

Composition: One-third of the members are elected by the members of the Legislative Assembly, one-third by the members of the local bodies, one-twelfth by graduates, one-twelfth by teachers, and the rest are nominated by the Governor.

Term: A member of the Legislative Council has a term of six years, and one-third of its members retire every second year.

Presiding Officer: The Legislative Council elects its Chairman and Deputy Chairman from amongst its members.

Functions:

• Participates in the legislative process.
• Can review and amend bills passed by the Legislative Assembly.
• Can delay the passage of bills, but cannot finally reject them (especially Money Bills).
• Acts as a check on the power of the Legislative Assembly.

Relationship between Union and State Legislatures

The Constitution of India clearly demarcates the legislative powers between the Union and the States through the Seventh Schedule, which contains three lists:

• Union List (List I): Parliament has exclusive power to legislate on these subjects.
• State List (List II): State Legislatures have exclusive power to legislate on these subjects.
• Concurrent List (List III): Both Parliament and State Legislatures can legislate on these subjects. In case of a conflict, the Union law prevails over the State law.

Exception: Under certain circumstances, Parliament can legislate on a subject in the State List:

• If a resolution is passed by the Rajya Sabha by a special majority declaring that it is necessary in the national interest to legislate on a particular State subject (Article 249).
• During the operation of a National Emergency (Article 250).
• If two or more State Legislatures pass resolutions requesting Parliament to do so (Article 252).
• To give effect to international treaties or agreements (Article 253).

Financial Relations: The Constitution also divides taxing powers and revenue sources between the Union and the States. Some taxes are levied and collected by the Union and their proceeds are shared with the states (e.g., Income Tax, Corporation Tax), while others are levied and collected by the states (e.g., Land Revenue, Sales Tax).