Phase 2: System of Government & The Union

The Union Executive

The nuanced powers of the President versus the real authority of the Prime Minister.

Composition (Articles 52 to 78)

The Union Executive consists of the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India.

The President of India

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. He is elected not directly by the people but by members of an electoral college consisting of:

  • Elected members of both the Houses of Parliament.
  • Elected members of the legislative assemblies of the states.
  • Elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

Discretionary Powers of the President

While Article 74 states that there shall be a Council of Ministers headed by the PM to aid and advise the President (which is binding), the President has situational discretion:

1. Appointment of PM when no party has a clear majority in the Lok Sabha.
2. Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
3. Dissolution of the Lok Sabha if the council of ministers has lost its majority.

The Prime Minister & Council of Ministers

The Prime Minister is the real executive authority (de facto executive). He is the head of the government. The President is the nominal executive authority (de jure executive). He is the head of the State.

Key Articles

  • Article 74: Council of Ministers to aid and advise the President. (The 42nd and 44th Amendments made the advice binding).
  • Article 75: The PM shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the PM. The total number of ministers, including the PM, shall not exceed 15% of the total strength of the Lok Sabha (91st Amendment).
  • Article 78: Duties of the Prime Minister in respect of furnishing information to the President.

The Attorney General of India (Article 76)

He is the highest law officer in the country. He is appointed by the President and holds office during the pleasure of the President. He has the right to speak and take part in the proceedings of both Houses of Parliament without the right to vote.