STRUCTURE, ORGANISATION AND FUNCTIONING OF UNION EXECUTIVE
UNION EXECUTIVE
The Executive is the second-largest and most powerful branch of government. The legislature's laws and the government's policies are put into action by this body. The state's and the executive's responsibilities have grown dramatically as a result of the welfare state's rise. In recent years, every state's executive branch has gained significant influence and power.
The Executive has two parts: Permanent Executive and Political Executive:
- The Ministers of the Political Executive: It is made up of ministers and other heads of executive departments, including the executive head of the state. Leaders in politics are ministers. They are accountable for all of their decisions and policies in front of the public because they are mostly elected representatives of the people. The term of office for political executives is typically five years.
- The civil servants who make up the non-political permanent executive: From the lowest to the highest levels, it is made up of civil servants (the bureaucracy). It works in government departments to carry out day-to-day administration. The public servants don't care about politics. They are not part of any political party.
- The Council of Ministers, India's executive branch, is collectively accountable to the legislature, as stipulated by the Indian Constitution. A President, Vice-President, Council of Ministers, and Attorney General make up India's Union Executive. The President, the Lok Sabha, and the Rajya Sabha make up Parliament, the Union Legislature.
- The parliamentary system of accountable governments has been established by the Indian Constitution, and the Union Executive is accountable to the legislature. Articles 52 to 78 of the Constitution deal with the Union Executive, while Part V contains provisions regarding the Union Government.
The President:
- According to Article 52, India will have a President. He was the first Indian citizen and the head of the state. He always comes first in the government's order of precedence.
- The President holds the executive power of the Union, as stated in Article 53(1). The President is in charge of making all executive decisions.
The Vice-President
- The Vice-President of India is established by Article 63 of the Constitution. He is the country's second-highest constitutional officer.
- According to Article 66(1), the Vice-President is chosen by an electoral college of members from both houses of parliament using a single transferable vote and proportional representation. He is not a member of any state legislature or either house of Parliament.
Council of Ministers
- The Prime Minister will serve as the head of the Council of Ministers, which will assist and advise the President in carrying out his responsibilities. • No court may inquire into any advice given to the President by ministers under Articles 74 and 75.
- The President appoints the Prime Minister, and the President appoints the other ministers on the advice of the Prime Minister. The Council of Ministers, which includes the Prime Minister, cannot have more than 15% of the Lok Sabha's total members. This clause was added by the 91st Amendment Act of 2003 to Article 72 [1 (A)].
Prime Minister
- The Prime Minister is the actual (de-facto) executive authority, while the President is the nominal (de-jure) executive authority. The Prime Minister is the person who has most of the executive power.
- He leads the Council of Ministers and serves as the President's advisor. The President of India appoints the Prime Minister of India and the Council of Ministers based on his recommendations. The Lok Sabha or the Rajya Sabha can have the Prime Minister as a member.
FUNCTIONS OF PM
- Executive and Administrative functions: The administration's operation and upkeep are the responsibilities of the Head of State and the Council of Ministers in every nation. Numerous crucial political appointments are made by the Head of State in accordance with the Council of Ministers' recommendations. Most of the time, competitive exams are used to hire administrators. The Civil Service Rules govern their advancement, demotion, and termination.
- Regulatory: England, India, Japan, Sweden, Norway, France, Italy, and West Germany all have parliamentary governments. The Prime Minister is the leader of the majority party. He has an impact on both the legislative and executive branches of the government. The President has the ability to veto legislation passed by the legislature. In addition, the President has the authority to issue Ordinances, as this is the practice in India and the United States. India is also home to this practice. As is the case in India, the President has the authority to appoint judges in some nations.
- Purposes of the military: Constitutionally, the President or Head of State has numerous military powers in almost all nations. As the Supreme Commander of the Armed Forces, he has the authority to promote, downgrade, and fire high-ranking military personnel. He can declare war or peace on his own or with Parliament's approval.
- International Affairs: Political ties with other nations are made by the executive. With almost every major nation, our government has established political or commercial relationships. The President receives foreign diplomats and appoints diplomatic representatives in other nations.
- Financial Purposes: Despite the fact that the national finances are controlled by the legislature, the executive prepares the budget and tries to get it passed by the legislature.