Revision Notes: Executive

Table of Contents
1. Introduction
2. Meaning and Functions of the Executive
3. Types of Executives
4. Parliamentary versus Presidential Executive
5. The Executive in India
6. Checks, Controls and Accountability
7. Conclusion
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Introduction

The executive is the organ of government responsible for implementing laws, administering public policy and running the day-to-day affairs of the state. In a democracy the government is divided into three distinct organs: (a) the Legislature, (b) the Executive and (c) the Judiciary. The legislature frames laws; the executive enforces and administers them; and the judiciary interprets the law. The relation between the legislature and the executive varies with the form of government, but in a parliamentary system they are closely interdependent.

Meaning and Functions of the Executive

The term executive denotes the body of persons and institutions that carry out public policy and administration. 
Its principal functions are:

• to implement and enforce laws made by the legislature;
• to formulate policies and make administrative decisions;
• to maintain law and order and provide public services;
• to manage public finances and execute the budget;
• to represent the state in domestic and international affairs.

Types of Executives

• Parliamentary: Real executive power rests with the Prime Minister and the Council of Ministers; the head of state is usually a nominal or ceremonial figure.
• Presidential: The President is both the head of state and the head of government and holds substantial executive powers (examples include the United States and Brazil; many countries in Latin America follow this model).
• Semi-presidential: Executive power is shared between a popularly elected president and a prime minister who is responsible to the legislature.
• Monarchical or Ceremonial: Where a monarch or ceremonial head performs symbolic functions while elected institutions exercise executive power.

Parliamentary versus Presidential Executive

Two broad distinctions can be drawn between parliamentary and presidential systems:

• Source of executive legitimacy: In a parliamentary system the executive (Prime Minister and Council of Ministers) derives its legitimacy from the legislature and is answerable to it; in a presidential system the President is directly elected and does not depend on the legislature for survival of office.
• Relationship with legislature: Parliamentary executives are interdependent with the legislature and can be removed by it (for example, by a vote of no-confidence); presidential executives generally enjoy a fixed term and are not removable by the legislature except by extreme measures (impeachment).
• Head of state and head of government: In parliamentary systems the Prime Minister is the real head of government while the President (or monarch) is the nominal head; in presidential systems the President combines both roles.

The Executive in India

India follows the parliamentary system of executive at both the national and state levels as adopted by the Constitution. The Indian executive consists of the President, the Vice-President, the Prime Minister, the Council of Ministers and the permanent administrative machinery (bureaucracy).

The President

• The President is the constitutional head of the Union. While the President is the nominal head, real executive power is exercised by the Council of Ministers headed by the Prime Minister.
• The President enjoys the right to be informed of all important matters and the functioning of the Council of Ministers; this communication is normally made through the Prime Minister.
• Every Bill passed by Parliament is presented to the President for assent before it becomes law.
• The President has veto powers: the President may give assent, withhold assent, or return a non-money Bill to Parliament for reconsideration (a suspensive veto). With respect to Money Bills, the President does not possess the power to return them for reconsideration and normally gives assent.

The Vice-President

• The Vice-President is the ex-officio Chairman of the Rajya Sabha (the Council of States).
• The Vice-President acts as President when the office of the President falls vacant or when the President is unable to discharge the functions of the office.

The Prime Minister and the Council of Ministers

• The Prime Minister is appointed by the President and is normally the leader of the majority party (or coalition) in the Lok Sabha (House of the People).
• The Prime Minister acts as the chief coordinator between the Council of Ministers, the President and Parliament.
• The Council of Ministers, headed by the Prime Minister, aids and advises the President and is the real executive authority in practice.
• The Council of Ministers is collectively responsible to the Lok Sabha. If it loses the confidence of the Lok Sabha it is obliged to resign.
• The Constitution provides a ceiling on the size of the Council of Ministers: it shall not exceed 15% of the total number of members of the Lok Sabha.

Bureaucracy and Administrative Machinery

• The permanent, professional civil servants (bureaucrats) implement the decisions of elected ministers and run the routine functions of government.
• Bureaucrats are trained, skilled officers and permanent employees of the state whose role includes assisting ministers in formulating policies and ensuring policy implementation.
• The bureaucracy provides continuity in administration across changes in elected governments and is expected to maintain political neutrality while serving the government of the day.

Checks, Controls and Accountability

• In a parliamentary system there are many mechanisms to ensure that the executive is answerable to the legislature: questions, debates, motions (including no-confidence), parliamentary committees, and budgetary control.
• Conversely, the legislature itself is subject to executive influence since the government usually controls the legislative agenda; this creates a relationship of mutual control and influence between the two organs.
• Collective responsibility and the requirement that ministers hold seats in Parliament bind the executive to democratic accountability.

Conclusion

The executive is essential for converting legislative decisions into action and for managing the daily affairs of the state. India's parliamentary executive combines a nominal President with a politically responsible Council of Ministers headed by the Prime Minister. The permanent bureaucracy supports and implements ministerial decisions. The design of the system builds in mutual checks: the legislature controls the executive through oversight and confidence, while the executive helps shape legislation and administer policy.