Union Executive | PSIR Optional for UPSC (Notes) PDF Download

President

Articles 52 to 78 in Part V of the Constitution outline the structure of the Union executive in India, which comprises the President, Vice-President, Prime Minister, council of ministers, and the Attorney General. The President serves as the head of the Indian State, embodying unity, integrity, and solidarity of the nation.

List of Presidents of India

Election of the President

• The President is elected indirectly by an electoral college consisting of:
  (i) Elected members of both Houses of Parliament
  (ii) Elected members of state legislativeassemblies
  (iii) Elected members of legislative assemblies of UnionTerritories (Delhi and Puducherry)
  
• Nominated members of Parliament and state legislative assemblies do not participate in the election.
• The 104th Constitutional Amendment Act of 2019 discontinued the special representation of the Anglo-Indian community in Parliament and state legislatures.
• Dissolution of an assembly disqualifies its members from voting in the presidential election.
• The value of votes of members is determined based on the population and representation of their respective constituencies.
  (i) Value of vote for MLA = State population / (1000 * Total elected members of state assembly)
  (ii) Value of vote for MP = Total value of MLA votes / Total elected members of Parliament.
  
• The election follows proportional representation by means of single transferable vote, ensuring the successful candidate obtains an absolute majority.
• If no candidate secures the required quota in the first phase, votes are transferred until a candidate achieves the quota.
• Disputes regarding the election are resolved by the Supreme Court, whose decision is final.
• The indirect election system was chosen to align with the parliamentarysystem of government and avoid the complexities and costs associated with direct elections.
• Direct election by Parliament alone was deemed inadequate for representing the entire nation.
• Terms like "proportional representation" and "single transferable vote" were criticized for not accurately reflecting the presidential election process.

Qualifications, Oath and Conditions

Qualifications for Election as President: 

• A candidate must be a citizen of India.
• The minimum age requirement for candidacy is 35 years.
• Candidates should be eligible to become a member of the Lok Sabha.
  
  Lok Sabha
• They cannot hold any office of profit under any government or public authority.
• Candidates must be proposed and seconded by at least 50 electors.
• A security fee of ₹15,000 must be deposited.

Oath or affirmation by the President:
Before entering his office, the President has to make and subscribe to an oath or affirmation. In his oath, the President swears:

• To faithfully execute the office.
• To preserve, protect, and defend the Constitution and the law.
• To devote himself to the service and well-being of the people of India. The oath of office to the President is administered by the Chief Justice of India and in his absence, the senior-most judge of the Supreme Court available.

Conditions of the President's office:

• The President cannot simultaneously hold membership in Parliament or a state legislature.
• They are not permitted to hold any other office of profit.
• The President is entitled to an official residence (Rashtrapati Bhavan) and emoluments, allowances, and privileges as determined by Parliament.
  
  Rashtrapati Bhawan
• Emoluments and allowances cannot be reduced during the President's term
• The President's salary was increased to ₹5 lakh per month in 2018.
• Pension for retired Presidents is set at 50% of the salary per month since 2008.
• Former Presidents are entitled to various allowances including residence, phone facilities, medical treatment, travel, and staff support.
• The President enjoys personal immunity from legal liability for official acts.
• They are immune from criminal proceedings during their term.
• The President cannot be arrested or imprisoned during office tenure.
• Civil proceedings may be initiated after a two-month notice period for personal acts.

Term, Impeachment and Vacancy

Term of President's Office:

• The President serves a five-year term from the date of assuming office.
• Resignation can be tendered at any time to the Vice-President.
• Removal via impeachment process is possible before completing the term.
• The President can continue in office until the successor takes over and is eligible for re-election for multiple terms.

Impeachment of President:

• Impeachment can be initiated for "violation of the Constitution."
• Charges can be brought by either house of Parliament, signed by one-fourth of its members, with a 14-day notice to the President.
• A two-thirds majority vote in both houses is required for removal.
  
  Impeachment of President

Vacancy in the President's Office:

• Vacancy can occur due to term expiry, resignation, impeachment, death, or disqualification.
• An election must be held before the term expiry to fill the vacancy.
• No President has been impeached to date.

Military Powers:

• The President is the supreme commander of India's defense forces.
• They appoint chiefs of the Army, Navy, and Air Force and can declare war or peace with Parliament's approval.

Emergency Powers:

• National Emergency (Article 352)
  (i) It can be declared due to war, external aggression, or armed rebellion.
  (ii) The President gains powers to modify financial distribution between Union and states and suspend certain fundamental rights except the right to life and personal liberty.
• President's Rule (Article 356 & 365)
  (i) Imposed due to the failure of constitutionalmachinery in states or non-compliance with Union's directions.
  (ii) The President can take over statefunctions, declare Parliament's authority over state legislature, and approve state expenditure in the absence of Parliament.
• Financial Emergency (Article 360) 
  (i) Declared to protect India's financial stability.
  (ii) Allows the President to issue directives to reduce salaries and allowances, including those of judges.

Veto Power of the President:

• A bill passed by Parliament needs the President's assent to become law.
• The President has three choices under Article 111 of the Constitution:
  (i) Grant assent to the bill.
  (ii) Withhold assent to the bill.
  (iii)Return the bill (if not a Money bill) for Parliament's reconsideration. If passed again, the President must assent.
• If there's a delay in electing a new President, the outgoing President continues until the successor assumes office to prevent an interregnum.
• The Vice-President doesn't assume presidential duties during this period.
• In case of vacancy due to resignation, removal, death, or other reasons, an election must be held within six months.
• The newly-elected President serves a full term of five years from assuming office.
• The Vice-President acts as President until a new President is elected in case of vacancy.
• If the President is unable to discharge duties, the Vice-President fills in until the President resumes office.
• If the Vice-President's office is vacant, the Chief Justice of India or the senior-most judge of the Supreme Court acts as President.
• Interim appointees possess all presidential powers, immunities, and receive determined emoluments from Parliament.

Powers and Functions of the President

The President's powers and functions can be categorized as follows:

1. Executive authority
2. Legislative authority
3. Financial authority
4. Judicial authority
5. Diplomatic authority
6. Military authority
7. Emergency authority

   

Executive Powers:
The executive powers and functions of the President are:

• Formal execution of all government actions in the name of the President.
• Authority to establish rules for authenticating orders and instruments executed in the President's name.
• Ability to establish rules for the efficient conduct of Union government business and the allocation of such business among ministers.
• Appointment of the Prime Minister and other ministers, who serve at the pleasure of the President.
• Appointment of the Attorney General of India, determining their remuneration, with the Attorney General serving at the President's pleasure.
• Appointment of various officials such as the Comptroller and Auditor General of India, the Chief Election Commissioner, and members of commissions and committees.
• Authority to request information regarding Union administration and legislative proposals from the Prime Minister.
• Power to require the Prime Minister to present matters for consideration by the council of ministers.
• Ability to appoint commissions to investigate conditions of backwardclasses and to promote inter-state cooperation.
• Direct administration of Union territories through appointed administrators.
• Declaration of scheduled areas and administration of scheduled areas and tribal areas.

Legislative Powers:
The President is an integral part of the Parliament of India and enjoys the following legislative powers.

• Summoning, proroguing, and dissolving Parliament, and convening joint sittings of both Houses.
• Addressing Parliament at the commencement of each session and year.
• Sending messages to Parliament, including messages related to pending bills.
• Appointment of presiding officers in the absence of elected officials.
• Nomination of members to the Rajya Sabha with specialized knowledge or experience.
• Deciding on disqualifications of members of Parliament in consultation with the Election Commission.
• Prior recommendation or permission required for certain types of bills.
• Authority to give assent, withhold assent, or return bills for reconsideration.
• Consideration of bills passed by state legislatures.

Financial Powers 
The financial powers and functions of the President are:

• Requirement of prior recommendation for the introduction of money bills.
• Presentation of the annual financialstatement (Union Budget) to Parliament.
• Recommendations necessary for demands for grants.
• Ability to authorize advances from the contingency fund of India.
• Establishment of a finance commission every five years to recommend revenue distribution between the Centre and states.

Judicial Powers 
The judicial powers and functions of the President are:

• Appointment of the Chief Justice and judges of the Supreme Court and high courts.
• Ability to seek advice from the Supreme Court on legal or factual matters, although such advice is not binding.
• Authority to grant pardon, reprieve, respite, or remission of punishment, and to suspend, remit, or commute sentences, especially in cases involving court martial, offences against Union laws, or death sentences.
  

Diplomatic Powers:

• Negotiation and conclusion of internationaltreaties and agreements on behalf of India, subject to Parliament's approval.
• Representation of India in international forums and management of diplomatic relations, including sending and receiving diplomats such as ambassadors and high commissioners.

Veto Power:

• The President holds veto power over bills passed by Parliament, allowing the withholding of assent to bills.
• The objective of this power is to prevent hasty or unconstitutional legislation.
• Four types of veto power exist: absolute, qualified, suspensive, and pocket veto.
• The Indian President possesses absolute, suspensive, and pocket vetoes, with no qualified veto as in the case of the American President.
• Examples of exercising veto power include instances of withholding assent, returning bills for reconsideration, or exercising pocket vetoes.

Presidential Veto over State Legislation:

• The President also holds veto power over state legislation, with bills passed by state legislatures requiring the President's assent.
• The President may withhold assent, return bills for reconsideration, or reserve bills for the consideration of the President.
• There is no time limit for the President's decision on bills reserved by governors, allowing for the possibility of exercising pocket vetoes.

Ordinance - Making Power of the President

• Article123 of the Constitution grants the President authority to issue ordinances during Parliament's recess, acting as temporary laws.
• Ordinances have equal legalstatus as parliamentary acts but are temporary measures.
• The ordinance-making power allows the President to address urgent or unforeseen matters.
• However, this power is subject to four limitations:
  (i) Ordinances can only be promulgated when Parliament is not in session, or either House is not in session.
  (ii) The President must be satisfied that immediate action is necessary, with the decision subject to judicial review for malafide intentions.
  (iii) The ordinance-making power is coextensive with Parliament's legislative powers, and ordinances cannot violate constitutional limitations or fundamental rights.
  (iv) Every ordinance must be presented to both Houses of Parliament upon reassembly, with approval required to become an act. Failure of approval within six weeks renders the ordinance void.
• The President can withdraw an ordinance on the advice of the council of ministers.
• Ordinances can be retrospective, amend existing laws, or address tax matters but cannot amend the Constitution.
• The ordinance-making power is unique to India and is not linked to a national emergency.
• The Supreme Court has ruled that successive repromulgation of ordinances without legislative approval violates the Constitution.

Pardoning Power of the President

• Article 72 of the Constitution grants the President authority to grant pardons in certain cases:
  (i)Pardons can be granted for offenses against Union Law, court martial sentences, and death sentences.
  (ii) The President's pardoning power is not part of the Judiciary and is independent.
  (iii) Its purpose is to correct judicial errors and alleviate unduly harsh sentences.
• The President's pardoning power includes:
  (i) Pardon: Absolves the convict from all sentences and punishments.
  (ii) Commutation: Substitutes a lighter punishment for a severe one.
  (iii) Remission: Reduces the sentence period without changing its nature.
  (iv) Respite: Awards a lesser sentence due to special circumstances.
  (v) Reprieve: Temporarily stays the execution of a sentence, especially death, to seek pardon or commutation.
  Article 161 grants similar pardoning powers to state governors.
  
  Kehar Singh
• Governors can grant pardons, reprieves, respites, and remissions for offenses against state law.
• Differences from the President's power include the inability to pardon court martial sentences and death sentences.
• In the Kehar Singh case (1988), the Supreme Court outlined principles regarding the President's pardoning power
• Petitioners have no right to an oral hearing.
• The President can review evidence independently and make decisions different from the court.
• The power is exercised on the advice of the union cabinet.
• Specific guidelines for the President's power are unnecessary.
• Presidential decisions are not usually subject to judicial review unless arbitrary, irrational, mala fide, or discriminatory.

Constitutional Position of the President:

• The Constitution establishes a parliamentary system in India, where the President serves as a nominal executive.
• The real executive power lies with the council of ministers headed by the Prime Minister.
• Dr. B.R. Ambedkar emphasized that the President's role is ceremonial, akin to the position of the King in the English Constitution.
• Unlike the President of the United States, the Indian President is bound by the advice of the ministers and cannot act independently.
• Key provisions outlining the President's role include Articles 53, 74, and 75 of the Constitution.
  
  K.R. Narayan
• The 42nd Constitutional Amendment Act of 1976 made the President bound by the advice of the council of ministers.
• The 44th Constitutional Amendment Act of 1978 allowed the President to request reconsideration of advice but requires adherence to the revised advice.
• The President can exercise situational discretion in specific circumstances, such as appointing a Prime Minister in certain scenarios or dismissing the council of ministers.
• Examples include President K.R. Narayanan's actions regarding the imposition of President's Rule in Uttar Pradesh and Bihar.

Vice-President

The Vice-President occupies the second-highest office in the country. He is accorded a rank next to the President in the official warrant of precedence. This office is modelled on the lines of the American Vice-President.

Jagdeep Dhankhar

Election

• Indirectly Elected by an Electoral College consisting of Members of Parliament only.
• Electoral College includes both Elected & Nominated MPs. Does not include MLAs.
• Election is held using the system of Proportional Representation by Single Transferable Vote & the voting is by Secret Ballot.
• All doubts & disputes are inquired into & decided by Supreme Court.
• Election cannot be challenged on the ground that the electoral college was incomplete (if an MP seat is vacant).
• If SC declares election to be void, all acts of VP before such declaration continues to be in force.

Qualifications

Oath or Affirmation

Vice-President’s Oath:

• To bear true faith & allegiance to the Constitution of India.
• To faithfully discharge the duties of his office.

Oath of Office is administered by the President or on behalf of him by a person appointed by him.

Conditions of Office

• Must not be Member of either House of Parliament or State Legislatures. If any such person is elected as Vice-President he is deemed to have vacated his seat in that House on the date that she enters office.
• Should not hold any other Office of Profit.

Term of Office & Emoluments

• Holds Office for a term of 5 years.
• Can resign earlier by tendering resignation to President.
• Can be removed by a Resolution of Rajya Sabha passed by absolute majority & agreed to by Lok Sabha.
• 14 days advance notice must be given before moving resolution.
• VP can hold office beyond 5 yrs until successor takes charge.
• Can be reelected any number of times.
• No emoluments fixed for Vice-President. Instead salary is drawn in her capacity as the Chairman of Rajya Sabha.
• Additionally, she is also entitled to daily allowance, free furnished residence, medical, travel, & other facilities.
• When acting as President, all entitlements as Chairman of RS ceases & instead the salary & allowances of the President is drawn.

Vacancy in Office

• Vacancy can occur on the expiry of 5 yr tenure, on resignation, on removal, on her death.
• Vacancy can also occur otherwise, for example, when she is disqualified or when her election is declared void.
• Election must be held before 5 yr term expires.
• In case of vacancy due to resignation, removal, death or otherwise, election must be held as soon as possible.

Powers & Functions

Functions of Vice-President are two-fold :

• Acts as ex-officio Chairman of Rajya Sabha. Powers & Functions similar to the Speaker of Lok Sabha.
• Acts as President when a vacancy occurs in the office of the President due to resignation, removal, death or otherwise.
• Can act as President for a maximum period of 6 months.
• Further, when sitting President is unable to discharge her duties due to absence, illness or any other cause, VP discharges all duties until Prez resumes office.
• While acting as President or discharging her duties, VP does not perform the duties of the office of the Chairman of Rajya Sabha.

The Prime Minister

In the parliamentary system of government outlined by the constitution, the President serves as the nominal executive authority (de jure). At the same time, the Prime Minister holds the position of real executive authority (de facto). In simpler terms, the President is the head of state, whereas the Prime Minister is the head of government.

Current Prime Minister of India

Appointment of The Prime Minister

1. Constitutional Basis:

• The Indian Constitution does not specify a particular procedure for selecting and appointing the Prime Minister.
• The President appoints the Prime Minister as outlined in Article 75, although this doesn't mean the President can appoint just anyone.

2. Role of the President:

• The President usually selects the leader of the majority party or coalition in the Lok Sabha to be the Prime Minister.
• If there is no clear majority, the President may use their judgment to pick a suitable candidate who then must gain a vote of confidence in the Lok Sabha within a month.

3. Special Circumstances:

• In situations where the Prime Minister passes away suddenly and there’s no clear successor, the President can make an individual judgment on the selection. For instance, after Indira Gandhi was assassinated in 1984, President Zail Singh appointed Rajiv Gandhi directly, setting a precedent for not always selecting a caretaker Prime Minister.

4. Legal Rulings:

• The Delhi High Court ruled in 1980 that a person doesn't need to have a majority in the Lok Sabha before becoming Prime Minister.
• The Supreme Court in 1997 clarified that a Prime Minister must become a member of either house of Parliament within six months or resign.

5. Comparison with Other Systems:

• Unlike in India, the British system requires that the Prime Minister must be a member of the Lower House of Parliament (House of Commons).

6. Historical Appointments:

• Several Prime Ministers, such as P.V. Narasimha Rao and A.B. Vajpayee, were appointed without having a clear majority initially and sought confidence votes post-appointment.
• Not all Prime Ministers were members of the Lok Sabha; some, like Manmohan Singh, were members of the Rajya Sabha when they were appointed.

Oath, Term and Salary:
Before assuming office, the Prime Minister of India takes oaths of office and secrecy administered by the President. In the oath of office, the Prime Minister pledges to:

• Bear true faith and allegiance to the Constitution of India.
• Uphold the sovereignty and integrity of India.
• Faithfully and conscientiously discharge the duties of the office.
• Do right by all individuals according to the Constitution and law, without fear or favor, affection or ill will.

In the oath of secrecy, the Prime Minister promises not to disclose any matters that come to their attention as a Union Minister, except as required for the performance of their duties.

Tenure and Salary of the Prime Minister:

• The Prime Minister's term is not fixed and lasts during the President's pleasure. However, the President cannot dismiss the Prime Minister as long as they have the majority support in the Lok Sabha. If the Prime Minister loses the confidence of the Lok Sabha, they must resign, or the President can dismiss them.
• The salary and allowances of the Prime Minister are determined by Parliament and are similar to those of a member of Parliament. Additionally, the Prime Minister receives a sumptuary allowance, free accommodation, traveling allowance, medical facilities, and other benefits. In 2001, the Parliament increased the sumptuary allowance from ₹1,500 to ₹3,000 per month.

Powers and Functions of The Prime Minister

In Relation to the Council of Ministers:

• The Prime Minister enjoys the following powers as head of the Union council of ministers:
  (i) He recommends persons who can be appointed as ministers by the president.
  (ii) He allocates and reshuffles various portfolios among the ministers.
  (iii) He can ask a minister to resign or advise the President to dismiss him in case of a difference of opinion
  (iv) He presides over the meeting of the council of ministers and influences its decisions.
  (v) He guides, directs, controls, and coordinates the activities of all the ministers.
  (vi) He/she can bring about the collapse of the council of ministers by resigning from office. 

In Relation to the President:

• The Prime Minister enjoys the following powers in relation to the President.
• He is the principal channel of communication between the President and the council of ministers. It is the duty of the prime minister:
  (i) 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;
  (ii) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
  (iii) If the President so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. 
• He advises the president with regard to the appointment of important officials like the attorney general of India, Comptroller and Auditor General of India, chairman and members of the UPSC, election commissioners, chairman and members of the finance commission, and so on.

In Relation to Parliament:
The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the following powers:
(i) He advises the President with regard to summoning and proroguing of the sessions of the Parliament.
(ii) He can recommend the dissolution of the Lok Sabha to President at any time.
(iii) He announces government policies on the floor of the House.

Other Powers & Functions:

• The Prime Minister of India serves as the chairperson of the NITI Aayog, which succeeded the Planning Commission.
• Other major bodies include the National Integration Council, Inter-State Council, and National Water Resources Council.
• The Prime Minister significantly influences the country's foreign policy.
• As the chief spokesperson for the Union government, the Prime Minister communicates government policies and decisions to the public and media.
• In times of national emergencies, the Prime Minister acts as the main political leader.
• The Prime Minister manages crises and makes critical decisions during emergencies.
• Travelling across the country, the Prime Minister meets different sections of society to hear their problems.
• The Prime Minister receives memoranda outlining societal issues.
• Additionally, the Prime Minister leads the political party in power.
• The Prime Minister oversees the administration and functioning of all government services.
• Dr. B.R. Ambedkar noted that if any constitutional functionary is to be compared with the US President, it would be the Prime Minister.
• This highlights the Prime Minister's critical and substantial role in India's politico-administrative system.

Role Descriptions

• Lord Morley described the Prime Minister as 'primus inter pares' (first among equals) and the 'keystone of the cabinet arch'. He stated, "The head of the cabinet is 'primus inter pares', and holds a position of exceptional authority."
• Herbert Marrison noted that as the head of the government, the Prime Minister is 'primus inter pares', but believes this view is too modest for the Prime Minister's actual role. 
• Sir William Vernor Harcourt likened the Prime Minister to 'inter stellas luna minores' (a moon among lesser stars).
• Jennings described the Prime Minister as a sun around which other members revolve, calling him the keystone of the constitution. He emphasized that all paths in the constitution lead to the Prime Minister. 
• H.J. Laski spoke about the Prime Minister's role in relation to the cabinet, stating that the Prime Minister is central to its formation, existence, and dissolution. He portrayed him as the pivot around which the whole government functions. 
• H.R.G. Greaves commented that "The Government is in charge of the country, and the Prime Minister is in charge of the Government."
• Munro referred to the Prime Minister as "the captain of the ship of the state."
• Ramsay Muir compared the Prime Minister to "the steersman of the steering wheel of the ship of the state."
•  The significance of the Prime Minister’s role in the British parliamentary system is so important that it is often referred to as a 'Prime Ministerial government.'
• R.H. Crossman stated that the post-war period has seen a transformation of cabinet government into Prime Ministerial government.
• Humphrey Berkely pointed out that Parliament is not truly sovereign in practice, stating that parliamentary democracy has collapsed at Westminster. He noted that the main issue in the British governing system is the super-ministerial powers of the Prime Minister. This observation can also be applied to the Indian context. 

Relationship with the President

• Article 74 There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
• Article 75 (a) The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the president on the advice of the Prime Minister;
• Article 78 It shall be the duty of the Prime Minister:
  (a)To communicate with the President about all decisions made by the council of ministers that relate to managing the Union and about any plans for new laws. 
  (b)To provide any information about the management of the Union and proposals for laws that the President may request. 
  (c) If the President asks, to present any issues that have been decided by a minister but have not yet been reviewed by the council of ministers. 

Chief Ministers Who Became Prime Ministers

Six individuals have served as Prime Ministers after being Chief Ministers of their respective states: 

• Morarji Desai was the Chief Minister of the former Bombay State from 1952 to 1956 and became the first non-Congress Prime Minister in March 1977. 
• Charan Singh followed Desai and was the Chief Minister of the undivided Uttar Pradesh during 1967 to 1968 and again in 1970. 
• V.P. Singh, also from Uttar Pradesh, served as Prime Minister in the brief National Front government from December 1989 to November 1990. 
• P.V. Narasimha Rao, who was the first Prime Minister from South India, held the office from 1991 to 1996 and had previously been the Chief Minister of Andhra Pradesh from 1971 to 1973. 
• H.D. Deve Gowda was the Chief Minister of Karnataka when he became the Prime Minister leading the United Front government in June 1996. 
• Narendra Modi, representing the RJP, was the Chief Minister of Gujarat when he became Prime Minister in May 2014. He held the Chief Minister position for four terms from 2001 to 2014. 

Caretaker Government:
The Constitution of India does not include any specific rules for a caretaker government. This type of government is mainly a temporary solution and a necessary function during specific situations.

Meaning:

•  The establishment of a caretaker government occurs after the popular chamber of Parliament is dissolved. This government remains in place until a new ministry is formed following a general election. This is a crucial aspect of the functioning parliamentary system. Its main duty is to conduct free and fair elections to ensure a new government is formed by the people. 
•  The term caretaker government is commonly used to indicate the situation of a council of ministers that has resigned due to losing the confidence of the Lok Sabha. In such cases, the President may ask them to stay in office until a new government can be arranged. If it is not possible to quickly form a new government and elections need to be held, the outgoing council of ministers may need to continue their duties until the elections are finished and a new government is established. 

Limited Role

Unlike a regular government, a caretaker government is designed only to handle the routine operations of the government. Therefore, it is not expected to make any major policy decisions or introduce new programs, except for those related to national security or national interest.
The following points highlight the limited role of a caretaker government in the country's administration:

The Ihrkunde Committee(1974–75) recommended that a caretaker government should not:

• start or announce new policies,
• promise or initiate new projects,
• approve allowances or loans,
• increase salaries, and
• hold official events attended by ministers.

In August 1979, President N. Sanjeeva Reddystated during the dissolution of the Lok Sabha that:

The President had discussions with the Prime Minister and some cabinet members who assured that:

• elections will be conducted peacefully, freely, and fairly,
• the revision of electoral rolls will begin immediately, and
• the election schedule will start in November 1979 and finish by December 1979.
• The government will avoid making decisions during this time that create new policies, involve significant new spending, or constitute major administrative actions.
• However, urgent matters related to national interest will still be addressed.

In December 1979, the Calcutta High Courtnoted that:

• there is no specific mention of a caretaker government in the constitution, but in extraordinary situations, a caretaker government is necessary.
• The Prime Minister and the Council of Ministers can only manage daily administration to prepare for a new arrangement.

Caretaker Prime Ministers are limited by two main factors:

• the usual accountability to Parliament is absent, and
• the government should not misuse its position for electoral gain.

Central Council of Ministers

• Council of Ministers headed by PM serves as Real Executive Authority.
• The principles of the Parliamentary System & the functioning of the Council of Ministers are not discussed in detail in the Constitution.
• Articles 74 & 75 of the Constitution give a broad & sketchy description of the functioning of the Council of Ministers.
• Article 74 deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility, qualification, oath, and salaries and allowances of the ministers.

Constitutional Provisions Article 74

 Provides for the Council of Ministers headed by Prime Minister.

• Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. 
• The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.
• All Aid & advice by the Council of Ministers is made binding on President, with a provision for the President to return advice for reconsideration to the Council of Ministers once.
• The advice of the Council of Ministers to the President cannot be judicially reviewed.

Article 75

Provides for the Composition & other broad details. 

•  The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
• The total number of ministers, including the Prime Minister, in the Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
• A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was also added by the 91st Amendment Act of 2003.
• The ministers shall hold office during the pleasure of the President.
• The council of ministers shall be collectively responsible to the Lok Sabha.
• The President shall administer the oaths of office and secrecy to a minister.

Article 77

Conduct of Business of the Government of India.

• All executive action of the Union is to be taken in name of the President.
• The manner of authentication of Orders and exec actions taken in name of Prez shall be laid down by President himself. Such authentication cannot be judicially reviewed.
• President shall make rules for the transaction of business of Govt of India & allocation of the said business among ministers.

Article 78

Deals with Duties of Prime Minister

• It includes the duty to relay the decisions of the CoM to the President.
• It also includes the duty to submit a decision of a Minister for consideration to the CoM when the President requires so.  

Article 88

Rights of Ministers as Respects the Houses

• Every Minister shall have the right to participate & speak in the proceedings of either House of Parliament or in a Joint Sitting of Parliament or in any Parliamentary committees whether he or she is a member of that House or of Parliament or not.
• However, a Minister will only be able to vote on an issue in the House that he is a part of. Non-MP Ministers will not vote. 

Appointment of Ministers

• The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Minister. 
• This means that the President can appoint only those persons as ministers who are recommended by the Prime Minister.

Responsibility of Ministers

Collective Responsibility:

• Article 75 clearly states that the council of ministers is collectively responsible to the Lok Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of commission and commission. They work as a team and swim or sink together. When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to resign including those ministers who are from the Rajya Sabha.

Individual Responsibility:

• Article 75 also contains the principle of individual responsibility. It states that the ministers hold office during the pleasure of the president, which means that the President can remove a minister even at a time when the council of ministers enjoys the confidence of the Lok Sabha.

No Legal Responsibility:

• The courts are barred from inquiring into the nature of the advice tendered to the Prez by the CoM. Therefore such advice cannot be challenged in court & the CoM holds no legal responsibility if any advice violates the law.  

Composition of the Council of Ministers

The council of ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers.

• Cabinet Ministers: Hold Important portfolios & head important Ministries like Home, Defence, External Affairs, etc. A smaller unit within CoM that meets regularly & makes most decisions.
• Ministers of State: Can be attached to Cabinet Ministers as subordinates or can also have independent charges of ministry or departments.
• Deputy Ministers: They are attached to Cabinet Ministers or MoS as subordinates, assisting in their admin, political, & parliamentary duties.
• Parliamentary Secretary is one more rank in CoM. They are attached to Senior ministers & help them in discharging parliamentary duties. No parliamentary secretaries have been appointed since 1967.
• Prime Minister is also a part of CoM as its head. Deputy PM (if nominated by PM) is also a part of the CoM.

Role of Cabinet

• It is the highest decision-making authority in our political-administrative system.
• It is the chief policy formulating body of the Central government.
• It is the supreme executive authority of the Central government.
• It is the chief coordinator of Central administration.
• It is an advisory body to the president and its advice is binding on him.
• It is the chief crisis manager and thus deals with all emergency situations.
• It deals with all major legislative and financial matters.
• It deals with all foreign policies and foreign affairs.

Kitchen Cabinet

• The cabinet, a small body consisting of the prime minister as its head and some 15 to 20 most important ministers, is the highest decision-making body in the formal sense.
• However, a still smaller body called the ‘Inner Cabinet' or ‘Kitchen Cabinet' has become the real center of power.
• Every prime minister in India has had his Inner Cabinet'- a circle within a circle.
• During the era of Indira Gandhi, the Inner Cabinet' which came to be called the Kitchen Cabinet' was particularly powerful. 
• The prime ministers have resorted to the device of inner cabinet’ (extra-constitutional body) due to its merits, namely:
  1. It being a small unit, it is a much more efficient decision-making body than a large cabinet.
  2. It can meet more often and deal with business much more expeditiously than the large cabinet.
  3. It helps the Prime Minister in maintaining secrecy in making decisions on important political issues.