The executive power in India is distinct from the legislative power. While the legislative power is vested in Parliament, the executive power is primarily vested in the President of India. The President acts on the advice of the Council of Ministers headed by the Prime Minister.
1. President of India:
A. Constitutional Head of State:
- The President of India is the constitutional head of the state and the Supreme Commander of the Armed Forces.
B. Executive Authority:
- The executive power of the Union is vested in the President. However, the President exercises this power on the advice of the Council of Ministers.
C. Appointment of Prime Minister:
- The President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha.
D. Appointment of Council of Ministers:
- The President appoints other ministers on the advice of the Prime Minister.
E. Dissolution of Lok Sabha:
- The President has the authority to dissolve the Lok Sabha if advised by the Prime Minister.
F. Assent to Bills:
- Bills passed by Parliament require the President’s assent to become law. The President can give assent, withhold assent, or send the bill for reconsideration.
G. Ordinance Making Power:
- The President has the power to promulgate ordinances when Parliament is not in session. Ordinances have the same force as an act of Parliament but require parliamentary approval within a specified time.
H. Pardoning Power:
- The President has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of an offense.
I. Appointment of Governors:
- The President appoints Governors of states.
J. Emergency Powers:
- During emergencies (national, state, or financial emergency), the President’s powers are enhanced, and he/she can take certain extraordinary actions.
2. Council of Ministers:
A. Headed by the Prime Minister:
- The Council of Ministers is headed by the Prime Minister, who is appointed by the President.
B. Collective Responsibility:
- The Council of Ministers is collectively responsible to the Lok Sabha, and the majority party in the Lok Sabha provides the Prime Minister.
C. Advice to the President:
- The Council of Ministers provides advice to the President, and the President acts based on this advice.
D. Individual Ministries:
- The Council of Ministers is comprised of individual ministers who head specific ministries.
E. Cabinet and Cabinet Committees:
- The Cabinet, which includes key ministers, is the principal executive authority. Cabinet committees are formed to deal with specific subjects.
3. Prime Minister:
A. Chief Executive:
- The Prime Minister is the chief executive and plays a pivotal role in the decision-making process.
B. Advises the President:
- The Prime Minister advises the President on the appointment of ministers, the summoning and proroguing of sessions of Parliament, and the President’s decisions related to pardoning powers.
C. Leader of Lok Sabha:
- The Prime Minister is the leader of the Lok Sabha and represents the government in the house.
D. Policy Formulation:
- The Prime Minister is involved in the formulation of policies and coordination of government activities.
The executive power of the Indian Parliament, as outlined in the Constitution, ensures a separation of powers between the executive and legislative branches. The President, along with the Council of Ministers headed by the Prime Minister, exercises executive authority, while Parliament holds legislative powers. This separation is fundamental to the functioning of a democratic system, providing checks and balances to prevent the concentration of power in any one branch of government.
