Executive Class 11 Notes (Political Science)

Executive Class 11 Notes

The word executive means: 

• A body of persons that looks after the implementation of rules and regulations in actual practice.

Example: School Administration

University Administration

executives of big companies

In the case of government also, 

• one body take policy decisions and decide about rules and regulations,
• while the other would be in charge of implementing those rules. 

Definition:

The organ of government that primarily looks after the function of implementation and administration

is called the executive.

What are the principal functions of the executive?

1. Responsible for the implementation of laws and policies adopted by the legislature. 

2. Framing of policy. 

Executive official designations vary from country to country. 

• Some countries - presidents, 
• Others have chancellors. 

The executive branch includes: 

• Presidents, 
• prime ministers and 
• ministers. 
• Also extends to the administrative machinery (civil servants).

Political executive

Heads of government and their ministers, 

• overall responsibility of government policy, 

Permanent executive

Responsible for day to day administration 

WHAT ARE THE DIFFERENT TYPES OF EXECUTIVE?

Example:

• The President of the USA and 
• the Queen of England.

But the powers and functions of the USA President are different from :

• The powers of the President of India. 

Similarly, the powers of the Queen of England are different from:

• The powers of the King of Bhutan. 

Power of Different Prime Minister:

Both India and France have prime ministers, 

• But their roles are different from each other. 

Why: 

• Due to the difference in nature of the executive system.

Presidential system

The USA has a presidential system and 

• executive powers are in the hands of the president. 

Parliamentary System

Canada has a parliamentary democracy with a constitutional monarchy where :

• Queen Elizabeth II is the formal chief of state
• The prime minister is the head of government. 

Semi-presidential system

In France 

• Both the president and the prime minister are a part of the semi-presidential system. 

The president appoints: 

• the prime minister and the ministers 
• but cannot dismiss them as they are responsible to the parliament. 

Japan has a parliamentary system 

• The Emperor as the head of the state and 
• the prime minister as the head of government. 

Italy (parliamentary system 

• the president as the formal head of state and 
• the prime minister as the head of government. 

Russia (semi-presidential system) where 

• president is the head of state and 
• The prime minister, who is appointed by the president, is the head of government. 

Germany (parliamentary system) 

• where the president is the ceremonial head of state
• The chancellor is the head of government.

In a presidential system, 

• 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. 

Ex: United States, Brazil and most nations in Latin America

Semi-Presidential Executive in Sri Lanka

In 1978 the constitution of Sri Lanka was amended 

• Adopted system of Executive Presidency 

Under the system

• People directly elect the President. 

Problem:

It may happen that: 

Both the President and the Prime Minister belongs: 

• To the same political party or 
• To different political parties

President Power Under Constitution (Vast powers):

The President chooses: 

• The Prime Minister from the Majority party in the Parliament. 

• Though ministers must be members of the Parliament, 

The President has the power to remove the Prime Minister, or ministers.

President Power: 

• Head of State and 
• the Commander-in- Chief of the Armed Forces
• Also the Head of the Government.

Term:

Elected for six years

Removal:

The President cannot be removed 

• Except by a resolution in the parliament 
• Passed by at least two-thirds of the total number of Members of Parliament. 

If it is passed by not less than one-half of the total number of:

• Members of Parliament and 
• The Speaker is satisfied that such allegations required inquiry 
• Then the Speaker can report the matter to the Supreme Court.

How is the position of the President and Prime Minister in Sri Lanka different from India? 

Compare the role of Supreme Court in the impeachment of the President in India and Sri Lanka.

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. 

Their role is primarily ceremonial and 

Prime minister along with the cabinet wields effective power. 

Example: 

Germany, Italy, Japan, United Kingdom as well as Portugal.

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

Challenge:

Possibility that sometimes: 

• The president and 
• The prime minister may: 

belong to the same party and 

or they may belong to two different parties 

Result: They would be opposing to each other. 

Ex: France, Russia, Sri Lanka, etc

PARLIAMENTARY EXECUTIVE IN INDIA

Why India adopted this system:

Familarity:

Due to India’s experience of running the parliamentary system under the Acts of 1919 and 1935. 

This experience shows: 

In the parliamentary system, 

• The executive can be effectively controlled by the representatives of the people. 

Constitution makers wanted Government:

• be sensitive to public expectations
• responsible and accountable

Other Alternative: 

Presidential form of government: 

• President as the chief executive and 
• As source of all executive power

Problem: Always the danger of personality cult

Constitution Makers Wanted:

• A government that would have a strong executive branch
• At the same time, enough safeguards should be there to check against the personality cult.

Safeguards in Parliamentary Form:

• Many mechanisms to ensure that the executive will be:
• answerable to and  controlled by the legislature or people’s representatives.

Finally adopted:

Parliamentary system for both at the national and State levels Government.

Executive at National Level:

• President - formal Head of the state of India and 
• The Prime Ministe and 
• the Council of Ministers, 

Run the government at the national level. 

Executive at State level: 

• The Governor
• The Chief Minister and 
• Council of Ministers.

Run the government at the State level. 

Executive Power of The Union:

• Constitution formally hand it over to the President. 

In reality, 

The President exercises these powers through the Council of Ministers headed by the Prime Minister. 

President Term:

Elected for a period of five years. 

Method of Election:

1. No direct election by the people for the office of President. 
2. Elected indirectly. 

Not by the ordinary citizens but by the elected MLAs and MPs. 

Follows Principle of: 

• Proportional representation with single transferable vote.

Impeachment:

Removed from office only by Parliament by following: 

The procedure for impeachment. 

This procedure requires

• a special majority 

The only ground for impeachment is: 

• violation of the Constitution

Power and position of President:

Article 74 (1): 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. Provided that the President may require the Council of Ministers to reconsider such advice….., and the President shall act in accordance with the advice tendered after such reconsideration.

word shall mean? 

The advice is binding on the President. 

Controversy 

• About the scope of the President’s powers, 
• An amendment made: 

That the advice of the Council of Ministers will be binding on the President. 

By another amendment 

President can ask the Council of Ministers to reconsider its advice but, 

• Has to accept the reconsidered advice of the Council of Ministers.

President's Power:

As President is the formal head

• wide ranging: 
• executive, 
• legislative, 
• judicial and 
• emergency powers. 

In a parliamentary system: 

In reality powers used by the President only on the advice of the Council of Ministers. 

The Prime Minister and 

The Council of Ministers are the real executive. 

In most of the cases, 

• The President has to follow the advice of the Council of Ministers.

Discretionary Powers of the President

Right to be informed

Constitutionally, the President has a right to be informed of:

• All important matters and 
• Deliberations of the Council of Ministers. 

The Prime Minister must furnish Information: 

• Is obliged to furnish all the information that the President may call for. 

• Writes to the PM and expresses his views on matters confronting the country.

President discretion:

• At least three situations where the President can exercise his or her own discretion. 

In the first place: 

Reconsider the decision:

• The President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision. 

Use discretion. 

Why reconsider If advice has: 

• certain flaws or 
• legal lacunae, or 
• It is not in the best interests of the country, 

Note: if Council send back the same advice and 

• the President would then be bound by that advice, 

Utility: Reconsider carrying a lot of weight. 

Secondly

Veto Power:

Under which President can: 

• withhold or 
• refuse 

To give assent to Bills (other than Money Bill) passed by the Parliament. 

President assent Mandatory:

• Every bill passed by the Parliament before it becomes a law. 

Procedure:

The President can send the bill back to the Parliament asking it to reconsider the bill. 

This ‘veto’ power is limited because, 

• if the Parliament passes the same bill again and sends it back to the President, then, the President has to give assent to that bill. 

Note: However, there is no mention in the Constitution about the time limit within which the President must

send the bill back for reconsideration. 

This means that the President can just keep the bill pending with him without any time limit. 

This gives the President an informal power to use the veto in a very effective manner. 

This is sometimes referred to as ‘pocket veto’.

Then, the third kind of discretion arises more out of political circumstances. Formally, the President appoints the Prime Minister. Normally, in the parliamentary system, a leader who has the support of the majority in the Lok Sabha would be appointed as Prime Minister and the question of discretion would not arise. 

But imagine a situation when after an election, no leader has a clear majority in the Lok Sabha. 

Imagine further that after attempts to forge alliances, two or three leaders are claiming that they have the support of the majority in the house. 

Now, the President has to decide whom to appoint as the Prime Minister. 

In such a situation, the President has to use his own discretion in judging who really may have the support of the majority or who can actually form and run the government.

Since 1989 major political changes have considerably increased the importance of the presidential office. 

In the four parliamentary elections held from 1989 to 1998, no single party or coalition attained a majority in the Lok Sabha.

These situations demanded presidential intervention either in order: 

• to constitute governments or 
• to grant a request for dissolution of Lok Sabha by a Prime Minister 

who could not prove majority in the House. 

Presidential discretion is related to political conditions. 

More assertiveness

• Governments are not stable and 
• Coalitions occupy power.

Why Do We Need a President? 

In a parliamentary system, 

• COM is dependent on the support of the majority in the legislature. 

Means COM may be: 

• Removed at any time and 
• A new COM will have to be put in place. 

But all it requires 

• A Head of the state 
• With a fixed term, 
• Empowered to appoint the Prime Minister and 
• Symbolically represents the entire country. 

Exactly the role of the President in ordinary circumstances. 

additional responsibility:

• when no party has a clear majority, 
• the President making a choice and appointing the Prime Minister 
• to run the government of the country.

The Vice President of India

• Elected for five years. 
• His election method is similar to the President, 

only difference 

• members of State legislatures are not part of the electoral college. 

Removal: 

By a resolution of the Rajya Sabha passed by a majority and agreed to by the Lok Sabha. 

Ex- officio Chairman of the Rajya Sabha and 

Takes over the office of the President 

when there is a vacancy by reasons: 

• of death, 
• resignation, 
• removal by impeachment or otherwise. 
• Acts as the President only until a new President is elected. 

Example:

B. D. Jatti acted as President on the death of Fakhruddin Ali Ahmed until a new President was elected.

The Prime Minister of India.

Head of the COM, 

Most important functionary of the government 

In the parliamentary form of executive: 

• The Prime Minister must have the support of the majority in the Lok Sabha. 

• Makes the Prime Minister very powerful. 

The moment this support of the majority is lost, 

• The Prime Minister loses the office. 

From independence till 1989:

The Congress party had the majority in the Lok Sabha and 

• Its leader would become the Prime Minister. 

Since 1989, 

In Many occasions 

• The coalition formed the majority in the House. 

• Leader who is acceptable to most partners becomes the Prime Minister. 

Formally, the President appoints as Prime Minister.

Role of Prime Minister: 

• Choose the Council of Ministers. 
• Allocates ranks and portfolios to the ministers. 

Depending upon the seniority and political importance, 

The ministers are given: 

• The ranks of cabinet minister, 
• minister of State or 
• deputy minister. 

Similarly:

• Chief Ministers of the States choose ministers from their own party or coalition. 

Mandatory member of Parliament:

The Prime Minister and all the ministers have to be members of the Parliament. 

If someone becomes a minister or Prime Minister without being an MP, 

• Such a person has to get elected to the Parliament within six months.

Size of the Council of Ministers

Before the 91st Amendment Act (2003), 

The size of the COM was determined according to: 

• time and requirements of the situation. 

Results: 

• very large size of COM. 

Especially in Coalition:

• When no party had a clear majority, 
• Member’s support insured through giving them ministerial positions.

 Because there is no restriction on the size of COM.

Same is true with the States also. 

After 91st Amendment Act (2003)

Council of Ministers shall not exceed 15 percent of the total number of: 

• members of the House of the People 
• (or Assembly, in the case of the States).

In the legislature chapter:

• Parliament controls the executive. 

Most important feature of parliamentary executive 

• Executive under the control and supervision of the legislature.

Collective Responsibility:

The Council of Ministers is collectively responsible to the Lok Sabha. 

Means that a Ministry which loses confidence of the Lok Sabha is obliged to resign. 

Reason: 

The Ministry is an executive committee of the Parliament

• it collectively governs on behalf of the Parliament. 

Collective responsibility is based on: 

• The principle of the solidarity of the cabinet.

If no confidence motion passed even against a single minister leads to: 

• the resignation of the entire Council of Ministers. 

Also indicates:

• If a minister does not agree with a policy or decision of the cabinet, 
• He or she must either accept the decision or resign. 

***It is binding on all ministers to pursue or agree to a policy for which there is collective responsibility.

In India, the Prime Minister enjoys a pre-eminent place in the government. ***

Role of PM in COM:

The COM cannot exist without the Prime Minister. 

The Council comes into existence only after 

• The Prime Minister has taken the oath of office. 

Death or resignation of the PM: 

• Automatically dissolve the COM 

Demise, dismissal or resignation of a minister 

• only creates a ministerial vacancy. 

The Prime Minister acts as a link 

• Between the COM and the President as well as the Parliament on the other. 

Role of the Prime Minister (Pt. Nehru) 

• ‘The linchpin of Government’. 

PM Constitutional obligation:

To communicate to the President: 

all decisions of the Council of Ministers relating to: 

• The administration of the Union affairs and 
• Proposals for legislation. 

**

• Take crucial decisions of the government and 
• decides on the policies of the government. **

Prime Minister powers 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.

Prime Minister powers depend upon the prevailing political conditions. 

Majority of single Political Party:

• The position of the PM and COM- unassailable 

During coalitions 

1. Unstability:

After 1989 many of these governments could not: 

• remain in power for the full term of the Lok Sabha. 

They either: 

• removed or 
• resigned 

due to loss of support of the majority

President discretionary role

• Increases in PM selection

2. More consultation between political partners

• Leading to erosion of prime ministerial authority.

3. Restrictions on Prime Minister to:

• choosing the ministers and 
• deciding their ranks and portfolios. 

4. Policies and programmes of the government cannot be decided by the Prime Minister alone. 

Types of Coalition:

• pre-poll and 
• post-poll 

allies to form a government. 

Policies are framed after: 

• a lot of negotiations and 
• compromises among the allies. 

In Coalition:

The Prime Minister acts more as: 

• a negotiator than as leader of the government.

At the State level, 

• a similar parliamentary executive exists, 
• though with some variations. 
• a Governor of the State appointed by the President (on the advice of the central government). 

Comparison:

• Chief Minister power = Prime Minister 
• Although the Governor has more discretionary powers. 

Main principles of the parliamentary system operate at the State level too.

PERMANENT EXECUTIVE: BUREAUCRACY

Bureaucracy:

Definition: 

• Trained and skilled officers 
• Work as permanent employees 
• Assisting the ministers in: 
• formulating policies and 
• implementing these policies.

In a democracy, 

• the elected representatives and 
• the Government ministers 

control and supervise the administration

In the parliamentary system, 

• The legislature also controls the administration. 

Means:

The administrative officers cannot violate the policies adopted by the legislature. 

**It is the responsibility of the ministers to retain political control over the administration.**

Characteristics of Indian Bureaucracy: 

Constitution makers wanted:

• Professional administrative machinery. 

• At the same time (politically accountable). 

• Expected to be politically neutral (non-partisan)
• Means bureaucracy will not take any political position on policy matters. 
• Impartially selected on the basis of merit. 

Why Political Neutral:

• Because in a democracy
• Party might defeated in elections and the new government opt for new policies in the place of policies of the previous government. 

So, it’s is the responsibility of the administrative machinery to: 

• faithfully and 
• efficiently 

participate in drafting the policy and in its implementation.

The Indian bureaucracy an complex system

It consists of: 

• The All-India services, 
• State services, 
• Employees of the local governments, and 
• Technical and managerial staff running public sector undertakings. 

Above points Characteristics:

Union Public Service Commission (UPSC) 

• Task of conducting the process of recruitment of the civil servants for the government of India. 

For state: 

• SPSC

Members (Public Service Commissions): 

• Appointed for a fixed term. 

Removal or suspension :

• Subject to an enquiry by Supreme Court judge.

Opportunity for weaker section:

***While efficiency and merit are the norms for recruitment*, 

The Constitution also ensures that all sections of the society including: 

• the weaker sections have an opportunity to be part of the public bureaucracy. 

Ex:

Constitution provided for reservation of jobs for: 

• The Dalits and Adivasis. 
• women and other backward classes. 

Why reservation:

To ensure 

• more representation and 
• Reduce social inequalities 

Backbone of the higher level bureaucracy in the States

• Indian Administrative Service and 
• Indian Police Service 

At district level.

• Collector is the most important government officer.

Supervision and control of the central government:

• Officer is assigned to a particular State:
• An IAS or IPS 
• Works under the supervision of the State government. 
• However, they are appointed by the central government, 
• They can go back into the service of the central government 
• Only the central government can take disciplinary action against them. 

Other administrators of the State: 

• By officers appointed through the State Public Service Commissions. 

Note: This feature of the bureaucracy strengthens the control of the central government over the administration of the States.

Problem with the Indian Bureaucracy:

Originally an instrument through which: 

• welfare policies of the government must reach the people. 

In Reality:

• It is so powerful that people are afraid of approaching a government officer. 

A common experience of the people that bureaucracy is: 

• Insensitive to the demands and 
• Expectations of the ordinary citizen

Why these problems exists in Bureaucracy:

Only if the democratically elected government controls the bureaucracy, 

• these problems can be effectively handled. 

But too much political interference turns the bureaucracy into: 

• an instrument in the hands of the politician. 

Although Constitution created: 

• Independent machinery for recruitment, 
• But there is no provision for protecting the civil servants from political interference in the performance of their duties.

Whats need to be done:

• Include provisions to ensure the accountability of the bureaucracy to the citizen. 

Government measures like: 

• The Right to Information 
• Make the bureaucracy a little more responsive and accountable.