Unit 2: Organs of Government

I. Constitutional Framework of Government

The Constitution of India establishes a parliamentary system of government influenced by the Westminster model, while adapting it to Indian conditions. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950. Governmental authority is distributed among the legislature, executive, and judiciary, with each organ performing distinct but interconnected functions.

• Constitutional supremacy: All organs of government derive authority from, and remain subject to, the Constitution.
• Parliamentary executive: The President is the constitutional head, while the Prime Minister and Council of Ministers exercise real executive authority.
• Responsible government: Under Article 75(3), the Council of Ministers is collectively responsible to the Lok Sabha.
• Separation with coordination: India does not follow a strict separation of powers; ministers are generally members of Parliament and participate in legislation.
• Federal structure: Legislative and executive powers are divided between the Union and the States through the Union, State, and Concurrent Lists.
• Democratic accountability: Elections, parliamentary debates, questions, motions, financial control, and judicial review limit governmental power.
• Constitutional conventions: Practices such as appointing the leader of the Lok Sabha majority as Prime Minister supplement written constitutional provisions.

II. The Legislature and Its Importance in the Political System

A. The legislature and its importance in political system

The legislature is the law-making organ of government and a central institution for representation, deliberation, accountability, and control over public finance. At the Union level, Article 79 establishes Parliament as consisting of the President and two Houses: the Lok Sabha and the Rajya Sabha.

• Composition of Parliament:

  • Lok Sabha: The House of the People is directly elected by citizens from territorial constituencies. Its normal term is five years under Article 83, unless dissolved earlier.
  • Rajya Sabha: The Council of States represents the States and Union Territories. It is a permanent House, with approximately one-third of its members retiring every two years.
  • President: The President is a component of Parliament because a Bill becomes law only after presidential assent under Article 111, although the President is not a member of either House.

• Law-making function: Parliament makes laws on subjects in the Union List, such as defence and foreign affairs, and on Concurrent List matters shared with the States. An ordinary Bill normally requires passage by both Houses.

• Financial control: No tax can be imposed and no money withdrawn from the Consolidated Fund of India without parliamentary authority. The annual financial statement, commonly called the Union Budget, is presented under Article 112.

• Control over the executive: Members question ministers during Question Hour, raise matters through motions, and examine government expenditure through committees. A no-confidence motion tests whether the Council of Ministers retains Lok Sabha support.

• Representation: Parliament converts social interests and regional concerns into national debate. The Lok Sabha represents the population directly, while the Rajya Sabha gives States a continuing voice in Union legislation.

• Deliberative function: Parliamentary debate exposes the reasoning behind proposed laws. Standing committees examine Bills and departmental expenditure in greater detail than is usually possible on the floor of the House.

• Constituent function: Parliament participates in constitutional amendment under Article 368. Most amendments require a special majority, while federal provisions also require ratification by at least half of the State legislatures.

• Electoral and accountability roles: Elected members participate in the election of the President and Vice-President, and Parliament can initiate impeachment of the President under Article 61.

• Limitations: Legislative authority is subject to fundamental rights, constitutional distribution of powers, judicial review, and procedural requirements. A law violating the Constitution may be declared invalid by the courts.

III. The President as Constitutional Head

A. The president as non-executive head

The President is the formal or constitutional head of the Union, but is commonly described as a non-executive or nominal executive because executive decisions are normally taken on the aid and advice of the Council of Ministers. Article 53 vests executive power in the President, while Article 74 requires a Council of Ministers headed by the Prime Minister to aid and advise the President.

• Method of election: The President is indirectly elected by an electoral college consisting of elected members of both Houses of Parliament and elected members of State Legislative Assemblies. The system uses proportional representation by means of the single transferable vote.

• Term and qualifications: The President serves for five years under Article 56 and may seek re-election. Article 58 requires Indian citizenship, a minimum age of 35 years, qualification for election to the Lok Sabha, and absence of an office of profit.

• Relationship with ministerial advice: Article 74 makes the President act on ministerial advice, although the President may once require the Council to reconsider that advice. After reconsideration, the advice must ordinarily be accepted.

• Appointment functions: The President appoints the Prime Minister under Article 75 and appoints other ministers on the Prime Minister’s advice. The President also appoints Governors, the Attorney-General, the Comptroller and Auditor-General, and members of the Union Public Service Commission according to constitutional provisions.

• Legislative functions: The President summons and prorogues Parliament, addresses it, and may dissolve the Lok Sabha. Under Article 123, the President can promulgate an ordinance when Parliament is not in session; the ordinance must be placed before Parliament and ceases to operate six weeks after its reassembly unless approved.

• Assent to legislation: The President may assent to a Bill, withhold assent, or return a non-Money Bill for reconsideration. A Money Bill cannot be returned for reconsideration in the same manner.

• Emergency powers: Articles 352, 356, and 360 provide for national, State constitutional, and financial emergencies respectively. These powers are exercised constitutionally through the Union executive and are subject to parliamentary requirements and judicial scrutiny.

• Discretionary situations: Limited discretion may arise when no party has a clear Lok Sabha majority, when appointing a Prime Minister, or when deciding whether a ministry has lost majority support. Such discretion is guided by constitutional conventions and the need to test majority on the floor of the House.

• Symbolic and unifying role: The President represents the constitutional identity and continuity of the Republic. The office stands above day-to-day party competition, even though formal powers are usually exercised through ministerial advice.

IV. The Prime Minister as Real Executive Head

A. The prime minister as real executive head

The Prime Minister is the head of the Council of Ministers and the central political authority in the Union executive. Although appointed by the President, the Prime Minister must normally command the confidence of the Lok Sabha, making the office dependent on democratic legislative support.

• Appointment: Under Article 75, the President appoints the Prime Minister. In ordinary circumstances, the leader of the majority party or coalition in the Lok Sabha receives the appointment.

• Council formation: Other ministers are appointed by the President on the Prime Minister’s advice. The Prime Minister determines the distribution of portfolios, such as Finance, Defence, Home Affairs, and External Affairs.

• Membership requirement: A minister must be a member of either House of Parliament. A person who is not a member when appointed must obtain membership within six months under Article 75(5).

• Leadership of the Council: The Prime Minister presides over Cabinet meetings and coordinates the work of ministries. Cabinet decisions are formally collective, but the Prime Minister provides the central direction necessary for unified administration.

• Link between President and Council: Article 78 requires the Prime Minister to communicate Cabinet decisions and legislative proposals to the President, provide information when requested, and place a ministerial decision before the Council if the President requires reconsideration.

• Relationship with Parliament: The Prime Minister explains government policy in Parliament, manages legislative priorities, and helps maintain the confidence of the Lok Sabha. Loss of majority support normally requires resignation of the ministry or a request for dissolution.

• Party and coalition leadership: The Prime Minister often leads the ruling party or coalition in Parliament. In a coalition, policy-making also involves negotiation with alliance partners whose support may be necessary for survival.

• National leadership: The office represents India in major domestic and international contexts, including intergovernmental meetings, national crises, and important policy announcements.

• Limits on authority: The Prime Minister cannot legally govern independently of the Council of Ministers, Parliament, the Constitution, the judiciary, or federal institutions. Political authority is also constrained by party management, coalition arithmetic, elections, and public accountability.

V. Power and Functions of Prime Minister and President

A. Power and functions of prime minister and president

The President and Prime Minister perform complementary functions: the President provides constitutional form and continuity, while the Prime Minister directs the political executive. Their relationship combines formal authority, ministerial advice, parliamentary responsibility, and constitutional convention.

• 1. President: formal constitutional authority

  • Executive power: The President is the formal repository of Union executive power under Article 53, but departments operate through ministers and officials responsible to the Prime Minister-led Council.
  • Legislative authority: The President summons Parliament, addresses it, gives assent to Bills, and may issue ordinances under Article 123 when constitutional conditions are met.
  • Financial authority: A Money Bill requires prior presidential recommendation before introduction in the Lok Sabha. The Union Budget is presented in the President’s name.
  • Judicial authority: Under Article 72, the President may grant pardons, reprieves, respites, remissions, or commute sentences in specified cases, including offences under Union law and court-martial sentences.
  • Diplomatic and military roles: Treaties and international representation are conducted in the President’s name, and the President is the Supreme Commander of the Defence Forces. Operational decisions, however, are made through the elected government.
  • Emergency authority: The President formally proclaims emergencies, but such proclamations require constitutional procedures, including parliamentary approval where prescribed.

• 2. Prime Minister: effective political authority

  • Policy direction: The Prime Minister sets broad governmental priorities, such as economic policy, national security, welfare, and foreign relations.
  • Cabinet coordination: The Prime Minister allocates portfolios, chairs Cabinet meetings, resolves inter-ministerial disagreements, and can recommend ministerial appointment or removal.
  • Legislative management: Government Bills are generally introduced by ministers under the Prime Minister’s direction. Parliamentary majority support enables the government to pass legislation and approve expenditure.
  • Appointments and administration: Through the political executive, the Prime Minister influences major appointments and administrative priorities, subject to constitutional rules, statutes, and institutional procedures.
  • Presidential advice: The Prime Minister leads the Council that advises the President on appointments, legislation, emergencies, ordinances, and other executive matters.
  • Foreign relations and crisis leadership: The Prime Minister represents the elected government in international diplomacy and coordinates national responses to war, disasters, economic emergencies, or major security challenges.

• 3. Constitutional balance: The President’s formal powers prevent the office from being merely ceremonial, while the requirement of ministerial advice prevents unelected executive rule. The Prime Minister’s authority is substantial, but it depends on Lok Sabha confidence and must operate within constitutional limits.

• 4. Collective responsibility: The Cabinet must present a united position to Parliament. If the Lok Sabha adopts a no-confidence motion, the entire Council of Ministers, rather than only one minister, is expected to resign.

• 5. Accountability and restraint: Parliamentary questioning, judicial review, elections, federalism, constitutional conventions, and public scrutiny ensure that presidential formality and prime-ministerial power remain connected to democratic responsibility.