Long Questions With Answers - Executive

Q1: Define the term 'Executive' and discuss its various forms.
Ans: 

• Executive is the organ of government that primarily looks after the function of implementation and administration.
• It is the branch of government responsible for the implementation of laws and policies adopted by the legislature.
• The executive is often involved in framing of policy.
• The executive branch is not just about presidents, prime ministers and ministers. It also extends to the administrative machinery (civil servants).
• While the heads of government and their ministers, saddled with the overall responsibility of government policy, are together known as the political executive, those responsible for day to day administration are called the permanent executive.

Different kinds of executive:

• In a presidential system, the president is the Head of state as well as head of government. In this system the office of president is very powerful, both in theory and practice.
• In a parliamentary system, the prime minister is the head of government. Most parliamentary systems have a president or a monarch who is the nominal Head of state. In such a system, the role of president or monarch is primarily ceremonial and prime minister along with the cabinet wields effective power.
• A semi-presidential system has both a president and a prime minister but unlike the parliamentary system the president may possess significant day-to-day powers.
• In India the Constitution adopted the parliamentary system of executive for the governments both at the national and State levels. There is a President who is the formal Head of the state of India and the Prime Minister and the Council of Ministers, which run the government at the national level.

Q2: Discuss judicial and legislative functions of the Executive.
Or 
Discuss the main functions of the Executive.
Ans: 

• The principal functions of the executive are the implementation of laws and policies adopted by the legislature.
• The executive is often involved in framing of policy.
• In a parliamentary system these powers are in reality used by the President only on the advice of the Council of Ministers.
• The Prime Minister and the Council of Ministers have support of the majority in the Lok Sabha and they are the real executive.

Specific powers of the President (formal head):

• The President has wide ranging executive, legislative, judicial and emergency powers.
• The President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision (discretionary power).
• The President has veto power by which he can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament.
• This veto power is limited because if the Parliament passes the same bill again, the President has to give assent.
• There is no time limit for the President to send the bill back, giving an informal 'pocket veto' power.
• The third kind of discretion arises when after an election no leader has a clear majority in the Lok Sabha; the President then uses his own discretion to appoint the Prime Minister.
• The executive also exercises emergency powers.
• The Constitution adopted the parliamentary system so that the executive will be answerable to and controlled by the legislature or people's representatives.

Q3: What do you know of the composition, powers and functions of the Union Council of Ministers?
Ans: India follows a parliamentary form of government at the Centre. The President is the nominal head of State, while real executive authority is exercised by the Council of Ministers headed by the Prime Minister. The Constitution requires a Council of Ministers to aid and advise the President; in practice, ministers exercise most of the President's powers.
Formation of the Council of Ministers: The President formally appoints the Prime Minister and, on the Prime Minister's advice, other ministers. Normally the leader of the majority party in the Lok Sabha is invited to be Prime Minister. Ministers are usually drawn from the legislature; an outsider may be appointed but must become a member of Parliament within six months. The 91st Amendment to the Constitution limits the total number of ministers, including the Prime Minister, to not more than 15% of the total membership of the Lok Sabha.

In September 2017 the Council of Ministers numbered 75: the Prime Minister, 27 Cabinet ministers, 37 ministers of State and 11 ministers of State with independent charge.
Terms of Office: Constitutionally, ministers hold office during the pleasure of the President, but in practice they remain in office so long as they enjoy the confidence of the Lok Sabha. If the Lok Sabha withdraws confidence, the ministry must resign.
Salary: Salaries and allowances of ministers are determined by Parliament. Ministers receive the same basic pay and allowances as members of Parliament, together with official accommodation, travel and other facilities.
Powers and Functions of the Cabinet. The Cabinet is the collective decision-making body and the principal instrument of executive authority. Its main powers and functions include:

1. Determination of National Policy: The Cabinet frames the internal and external policies of the government and sets the administration's broad agenda in the interests of national welfare and security.
2. Control over Administration: Ministers are responsible for departments and oversee the civil service that implements policy. While day-to-day administration is carried out by officials, ministers remain politically responsible for departmental performance.
3. Foreign Relations: The Cabinet determines foreign policy, appoints ambassadors on its advice and negotiates treaties and international agreements, which are formally concluded in the name of the President but executed by the government.
4. Legislative Powers: The Cabinet and its ministers play a central role in law-making: ministers introduce most government bills, prepare the legislative programme, and guide legislation through Parliament. The President summons Parliament and may promulgate ordinances on the advice of the Cabinet.
5. Financial Powers: The Cabinet prepares the budget under the Finance Minister's leadership and proposes changes to taxation and public expenditure. Money bills can be introduced only by ministers.
6. Appointments: Many important appointments - such as Governors, ambassadors and members of constitutional bodies - are made on the advice of the Cabinet or its ministers.
7. Administrative Justice: Ministers decide many administrative disputes and exercise quasi-judicial functions in certain areas, applying legal methods to administrative decisions where appropriate.
8. Proclamation of Emergency: Proclamations under Articles 352, 356 and 360 (national, state and financial emergencies) are made by the President on the Cabinet's advice; the Cabinet decides when such measures are necessary.
9. Co-ordinating Agency: The Cabinet resolves inter-departmental conflicts and ensures that different departments work in harmony to implement government policy.

Conclusion: The Cabinet's range of powers shows that administration is conducted according to its policy decisions. In practice it acts as the steering wheel of the State, directing legislation, administration and national policy-making.

Q4: How is the Prime Minister appointed? Discuss his powers and functions.
Or 
Discuss the position of the Prime Minister.
Ans: The Prime Minister is the most important political executive in India. He is the head of the Council of Ministers and the principal architect of government policy. Though formally appointed by the President, the Prime Minister is usually the leader of the party or coalition that commands a majority in the Lok Sabha.
Appointment: After general elections, the President invites the leader of the majority party or coalition in the Lok Sabha to form the Government and appoints that leader as Prime Minister. If no party has an absolute majority, the President invites the person who can demonstrate majority support in the Lok Sabha. For example, after the 2009 elections Dr Manmohan Singh was appointed Prime Minister as leader of the United Progressive Alliance; in 2014 Narendra Modi was appointed Prime Minister after his party won a clear majority.
Term of Office: The Prime Minister's term is linked to the life of the Lok Sabha and he remains in office so long as he enjoys the confidence of the majority in the House. If he loses that confidence he must resign.
Salary and Allowances: The Prime Minister receives the same salary and allowances as a Member of Parliament together with additional official facilities such as residence, travel and medical support.
Powers and Functions of the Prime Minister: The Prime Minister's powers make the office central to government:

1. Prime Minister and the Cabinet: He forms the Council of Ministers and shapes its composition; no person is appointed as a minister against his wishes. The 91st Amendment limits the total number of ministers to 15% of Lok Sabha's strength. He distributes portfolios, can ask for a minister's resignation and presides over Cabinet meetings, guiding the agenda and decisions.
2. Link between the President and the Cabinet: The Prime Minister conveys Cabinet decisions to the President and acts as the principal channel of communication between the President and the Council of Ministers.
3. Leadership in Parliament: He leads the government in the Lok Sabha, explains policy, answers questions on government actions and seeks support for government legislation. He may also advise the President to dissolve the Lok Sabha when necessary.
4. Principal Adviser of the President: The Prime Minister is the President's chief adviser on matters of State and keeps the President informed about governmental affairs.
5. Appointments: Many important appointments are made on the Prime Minister's recommendations, for example, Governors, ambassadors and members of key commissions.
6. Leader of the Nation: The Prime Minister represents the government and often the nation at home and abroad, including international conferences, and provides political leadership in times of crisis.

Q5: Is the Prime Minister 'Primus Inter Pares'?Give reasons in support of your answer.
Ans: 

• In India, the Prime Minister enjoys a pre-eminent place in the government.
• The Council of Ministers cannot exist without the Prime Minister.
• The Council comes into existence only after the Prime Minister has taken the oath of office.
• The death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministers.
• The Prime Minister acts as a link between the Council of Ministers on the one hand and the President as well as the Parliament on the other.
• It is this role of the Prime Minister which led Pt. Nehru to describe him as 'the linchpin of Government'.
• It is also the constitutional obligation of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.
• The Prime Minister is involved in all crucial decisions of the government and decides on the policies of the government.
• The power wielded by the Prime Minister flows from various sources: control over the Council of Ministers, leadership of the Lok Sabha, command over the bureaucratic machine, access to media, projection of personalities during elections, projection as national leader during international summitry as well as foreign visits.

However, this power depends on political conditions:

• The position of the Prime Minister and Council of Ministers has been unassailable whenever a single political party has secured majority in the Lok Sabha.
• Since 1989, many coalition governments have been formed in India.
• In coalitions the Prime Minister has to act more as a negotiator than as leader of the government.
• These developments have eroded prime ministerial authority in many ways.

Q6: Discuss the increasing role of Executive in the modern state.

Ans:

• The modern executive is a very powerful institution of government.
• The executive enjoys greater powers compared to other organs of the government.
• This generates a greater need to have democratic control over the executive.
• Periodic elections, constitutional limits over the exercise of powers and democratic politics have ensured that executive organ cannot become unresponsive.

Role of the President in parliamentary system:

• In a parliamentary system, the Council of Ministers is dependent on the support of the majority in the legislature.
• The Council of Ministers may be removed at any time.
• Such a situation requires a Head of the state who has a fixed term.
• The President is empowered to appoint the Prime Minister and symbolically represents the entire country.
• When no party has a clear majority, the President has the additional responsibility of making a choice and appointing the Prime Minister.

Role of permanent executive (bureaucracy):

• The executive organ includes the Prime Minister, ministers and a large organisation called the bureaucracy or the administrative machinery.
• Trained and skilled officers work as permanent employees of the government and assist the ministers in formulating policies and implementing these policies.
• In a democracy, the elected representatives and the ministers are in charge of government and the administration is under their control and supervision.
• The legislature also exercises control over the administration.
• The administrative officers cannot act in violation of the policies adopted by the legislature.
• It is the responsibility of the ministers to retain political control over the administration.
• India has established professional administrative machinery that is politically accountable and expected to be politically neutral.