Executive (National)

Executive
The organ of government that primarily looks after the function of implementation and administration is called the
executive. It is the branch of government responsible for the implementation of laws and policies adopted by the legislature.

Type of executive

system based on the principle of collective system based on the principle of one person
leadership leadership

Parliamentary Semi-Presidential
The head of government is usually The President is the head of
called the Prime Minister. the country.
He is the leader of the majority The Prime Minister is the head
party in the legislature. of government.
He is answerable to the Both are elected by direct
legislature. voting.
The formal head of government of The prime minister and his
the country can be any of the council of ministers are
following: accountable to the
legislature.
Presidential
The President is the head of
the country.
He is also the head of the
government.
The President is usually
elected by direct vote.
He was not answerable to the
legislature.

constitutional Parliamentary
Monarchy Republic
( King) (President)

The executive is often involved in framing of policy. The official designations of the executive vary from country to
country. Some countries have presidents, while others have chancellors. The executive branch is not just about presidents,
prime ministers and ministers. It also extends to the administrative machinery (civil servants).The head of the government
and his ministers are called the political executive and they are responsible for all the policies of the government; but the
people who are responsible for day-to-day administration are called permanent executive.
• Presidential system
In the presidential system, the President is the head of both the state and the government. In this system, the office
of the President is very powerful both in theory and in practice. Such a system is found in America, Brazil and many
countries of Latin America.

• Parliamentary system
In the parliamentary system, the Prime Minister is the head of the government. In most parliamentary systems,
there is a president or king who is the ceremonial or nominal head of the country. In this system the role of the President

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 or the King is mainly ornamental and the Prime Minister and the Cabinet have real power. This system is in place in
countries like Germany, Italy, Japan, England and Portugal etc.
• Semi-presidential system
In the semi-presidential system there is both the President and the Prime Minister, but unlike the parliamentary
system, the President can get important powers in the performance of daily business. In this system, sometimes both
the President and the Prime Minister may belong to one party, but whenever they belong to two different parties, there
may be conflict between them. Similar arrangements are in place in France, Russia and Sri Lanka.

Parliamentary Executive in India

The framers of the Indian Constitution wanted to ensure a government that was sensitive and responsive to the
expectations of the people. The framers of the constitution had the second option instead of parliamentary executive,
presidential government. But the presidential executive places great emphasis on the President as the chief executive and
considers him as the source of all powers. In the presidential executive, there remains a danger of worship of the individual.
The framers of the constitution wanted a government that had a powerful executive, but at the same time, there should
be enough restrictions on individual worship. There are many such processes in the parliamentary system which ensure that
the executive will be accountable to and controlled by the legislature or the representatives of the people. Therefore, the
constitution accepted the system of parliamentary executive both at the national and provincial levels.

Indian parliament
The legislative power of the Indian is vested in the Parliament of India. The
Parliament is made up of the President, the Rajya Sabha and the Lok Sabha. President
▪ President
The President of India is an integral part of the Parliament. He calls
the sessions of both the houses and can dissolve the Lok Sabha. No bill
passed by both the Houses can become an Act without her/his approval. Parliament
She/He has the right to address either House or a joint session of both.
She/He can give a message to the House concerned with the Bill under
consideration in either House and the House has to consider that message. Lok Sabha Rajya Sabha
The President addresses the joint session of both the Houses in the
first session held after the general election to the Lok Sabha and at the first
session to be held at the beginning of each year. In this session, he announces the details of the policies and programs
of the government. Both the Houses consider the issues rose in such an address.
Whenever both the Houses of Parliament are not in session and the President feels that such circumstances have
arisen that require immediate action, he can issue an ordinance in this regard. This ordinance has the same force as an
Act passed by the Parliament. If such an ordinance is not approved by both the houses within 6 weeks from the
commencement of the session of Parliament, then the ordinance becomes ineffective.
▪ Rajya Sabha
Rajya Sabha is the upper house of the Parliament. It has a total of 250 members. Out of these, 12 members are
nominated by the President from amongst such persons who have special knowledge or practical experience in the field
of literature, science, art and social service. The remaining 238 members are representatives of states and union
territories.
The members of the Rajya Sabha from each state are elected by the elected members of the Legislative Assembly
of that state by the system of proportional representation by means of single transferable vote. The members of each
Union Territory are elected in accordance with the procedure prescribed by law of Parliament. According to the

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 Representation of the People Act of 1950, provision has been made for the constitution of an electoral college for each
union territory.
Any citizen of India, who is not less than 30 years of age and who possesses the qualifications prescribed by the
Parliament, can be elected as a member of the Rajya Sabha. Any person who holds an office of profit under the State
(other than a Minister in the Government of India/State Government or Union Territory) or is of unsound mind or has
become insolvent, cannot be a candidate for election to the Rajya Sabha.
The term of each member of Rajya Sabha is 6 years, but every second year one-third of the members retire and new
members are elected in their place. It is a permanent house, that is, this house can never be dissolved.
Chairman of the Rajya Sabha
The Vice-President of India is the ex-officio Chairman of the Rajya Sabha, that is, as long as he holds the office of the
Vice-President, he remains the Chairman of the Rajya Sabha. He presides over the meetings of the Rajya Sabha and
conducts its business. In his absence the Deputy Chairman, who is elected by the House, performs the duties of the
Chairman. One-tenth of the members shall be deemed to be the quorum for any general meeting of the Rajya Sabha.

▪ Lok Sabha
The Lok Sabha is the first or lower house of the Parliament. Its 530 members are directly elected by the people of
different states and 20 members are elected by the Union Territories, according to the procedure laid down by the law
of Parliament. The seats of Scheduled Castes and Scheduled Tribes are reserved in proportion to their population.
If after the general election, the President feels that the Anglo-Indian community has not been adequately
represented in the Lok Sabha, he can nominate any two persons from this community to the Lok Sabha. Since the coming
into force of the Constitution (One Hundred and Fourth) Amendment Act, 2019, the provision for special representation
of the Anglo-Indian community in the Lok Sabha has not been carried forward.
The number of members of each state is usually determined in proportion to its population. Each state is divided
into various regional constituencies in such a way that the number of members fixed for each constituency and the
proportion of its population are almost the same throughout the state.
The members of the Lok Sabha are directly elected on the basis of full franchise. Every person who is an Indian
citizen and who has attained the age of 18 years and whose name is included in the electoral roll has the right to vote in
the election to the Lok Sabha.
A person standing for election to the Lok Sabha must be an Indian citizen. He must be at least 25 years of age
and possess such qualifications as may be prescribed by Parliament by law. A person shall be unable to become a
member of the Lok Sabha if he holds any office of profit under the Government of India or the State Government. Who
is of unsound mind, who is a discharged insolvent who is not an Indian citizen or who has acquired citizenship of any
foreign country or who has been disqualified by any law of Parliament.
The term of the Lok Sabha is five years but the President can dissolve it even before that. When emergency
declared under Article 352 of the Constitution exists, the President can extend the term of Lok Sabha for one year at a
time.

▪ The speaker of the Lok Sabha

A member is elected to preside over the sitting of the House, who conducts its business. In his absence, the
Deputy Speaker, who is also elected by the House, acts as the Speaker.
Functions of the Speaker –
→ He presides over the meetings of the Lok Sabha and conducts all its proceedings. There is only one exception to
this, when a motion to remove him from his post is under consideration, he abstains from this work.
→ He determines the sequence of the program of the House, he determines the time-limit for the speech of the
members and each member begins his speech by addressing him.

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 → He maintains discipline in the house; he curbs the use of unparliamentarily language in the house. If a member
violates his decisions, he suspends his membership or asks him to leave the house. He can also order the removal
of that member from the House by the Marshal of the House.
→ If there is any disorder in the house or the member violates the discipline, he can adjourn the house. She/he makes
the rules of conduct to be followed. Whenever a dispute arises on whether a proposal or question should be
accepted for consideration or not, then he gives his decision on it. She/he protects the privileges of the members
against them.
→ Whenever the party and the opposition get equal votes on any subject, it gives final vote.
→ Whenever a member moves an adjournment motion, he also decides whether to accept it or not.
→ He decides whether a Bill is a Money Bill or not.
→ Whenever there is a joint session of both the houses of Parliament, he presides over it.
→ For any general sitting of the House, one tenth of the number of members shall be treated as quorum.

Powers and Functions of the House

Law making ordinary or non-money bill

(Bill)

money bill

Passing a no-confidence motion against the Council of

Ministers

control over the

executive
By asking questions and supplementary questions in the
House, discussing matters of urgent public importance,
attracting attention, introducing adjournment motion

Powers and Functions

of the House

Through Public Accounts Committee, Estimates

Committee, Public Enterprises Committee,
Government Assurance Committee, Privilege
Committee, Subordinate legislation committee etc.

constitutional
amendment
electoral College

related to
other impeachment

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▪ Law making
The main function of the House is law making. It has the exclusive right to make laws on the subjects belonging
to the Union List and the residual subjects (the subjects which are not mentioned in any of the three lists), but it shares
the law making power in the Concurrent List with the legislature of the state. In this list, both do the work of law making,
if there is a conflict between the laws of both, then to the extent that the law of the state will be against the parliamentary
law, parliamentary law will get priority.

Law making process Bill

Bills introduced and passed in the Parliament are classified into
two categories, Ordinary or Non-Money Bills and Money Bills. The bill
process of passing money bills is different from the process of passing
ordinary bills. An ordinary bill can be introduced in either of the two Ordinary Bill Money Bill
houses.
▪ Ordinary Bill
Every ordinary bill before becoming an Act has to go through the following process-
• The draft of the proposed bill is sent to the Secretariat of the House.
• The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as the case may be, in consultation with the
Business Advisory Committee of the House, fixes the day and time when the Bill is to be introduced in the House.
• On the decided day and time, the mover seeks permission from the presiding officer of the House to introduce the
bill.
• After getting his assent, the mover reads the title of the bill and gives a short speech in which the basic objectives
of the bill are highlighted. If no member opposes it, it is presumed that the first reading of the Bill has been
completed
• Ordinarily there is no opposition at this stage because the passage of the Bill in the first reading only means that
the House has agreed to consider the Bill in detail. But sometimes there are occasions when the House is not ready
to even consider the Bill. In such a situation, the Speaker gets the full debate and voting done on the bill. If the
House gives its assent to the Bill, it is assumed that the House has accepted the Bill in the first reading.
• After some interval (usually after two days) the mover again introduces the Bill. This level is referred to as second
reading. In this there is a general debate first, then the House chooses one of three options:
1. The House decides to have a detailed discussion on the Bill, in which case the section sub-section of the Bill is
considered and voted on.
2. The House decides that this Bill should be publicized to get public opinion on it, in which case the Bill is
published in the Official Gazette and public votes are invited on it. The House considers and votes on each
section and sub-section in detail on the Bill in the background of the referendum.
3. The House also has an option to refer the Bill to a Select Committee consisting of members of the House who
have a special interest in the subject. This committee consists of 20-30 members, who are appointed by the
chairman. This committee examines the bill in depth and presents its report by recommending amendments
if necessary.
In the background of this report, the House votes on the bill after discussing each section and sub-section in
detail. If the House accepts the bill, it is presumed that the bill has been passed in the second reading.
• After some interval the Bill is presented to the House for final or third reading. At this stage there is a general
discussion on the Bill and no amendment is accepted except for some verbal manipulations. If the House accepts
the Bill at this stage, the Bill is sent to the other House.

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 • The entire process above is repeated in the second house as well. If the second house also accepts it, the bill is sent
to the President for his assent.
• If there is a difference of opinion in both the Houses regarding the Bill, the President can call a joint session of both
the Houses. If the bill is passed by a majority in a joint session, it is considered that both the houses have accepted
the bill.

▪ Process related to financial matters

• Parliament completely controls the financial system of the Union Government. At the beginning of every financial
year, the annual financial statement or budget is presented before the Parliament, in which the details of the income
and expenditure of the government are kept.
• Traditionally the budget was prepared in two parts - the railway budget and the general budget. The Railway Budget
was presented by the Railway Minister while the General Budget was presented by the Finance Minister. On
September 2016, the Government of India decided that from now on the Railway Budget would be included in the
General Budget. Thus the practice of railway budget which had been going on for 92 years was abolished. India's
first combined budget for 2017-18 was presented on 1 February 2017.
• That expenditure is shown separately in the budget, which is withdrawn from the Consolidated Fund of India. But
on which the House not only discusses but also votes on it. The expenses which are collected from the Consolidated
Fund of India and which are not voted by the House are as follows: President of India, Chairman and Deputy
Chairman of Rajya Sabha, Speaker and Deputy Speaker of Lok Sabha, Comptroller and Auditor General of India,
Supreme Court and The salaries and allowances of the Judges of the High Courts and the expenses relating to the
recovery of the debts of the Government of India. Other expenses that are drawn from the Consolidated Fund of
India are placed before the Lok Sabha in the form of Demands for Grants.
• While presenting the budget, the Finance Minister gives a speech in front of the Lok Sabha, in which he discusses
the financial condition of the country and explains the financial policy of the government. A Finance Bill is also
presented along with the budget, which includes proposals to impose new taxes or increase or decrease the old
taxes.
• After the budget speech of the Finance Minister, there is a general discussion on the entire budget. After discussion,
the budget estimates are presented to the House in the form of demands for grants. The minister of each
department places the demands related to his department before the house. The House discusses these demands
and approves or rejects them. House can even cut them.
• The House does not have the right to increase the demands. When the voting on all the demands in the Lok Sabha
is over, then both the types of expenditure (realized and withdrawn from the Consolidated Fund of India) together
are presented before the Lok Sabha in the form of Annual Appropriation Bill. It is passed in the Lok Sabha like any
other bill. After this the Speaker of the Lok Sabha certifies it as a money bill.

▪ Money Bill
Defined in Article 110 of the Constitution, money bill contains tax proposals of the government, telling about the
new taxes and changes in rates of existing taxes. It also contains government's expenditure, revenues, and borrowings.
It is related with the imposition, abolition, remission, alteration or regulation of a tax.
1. Exchange of borrowing or giving any guarantee by the Government of India.
2. Has custody of the Consolidated Fund or Contingency Fund of India.
3. Appropriate money from the Consolidated Fund of India.

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 4. Receives money on account of the Consolidated Fund of India or the Public Account of India. If any dispute arises
whether a Bill is a Money Bill or not, the decision of the Speaker of the Lok Sabha in this matter shall be final and
binding.
• Money Bill cannot be introduced in Rajya Sabha initially. When a money bill is passed by the Lok Sabha, it is sent to
the Rajya Sabha for its recommendation. The Rajya Sabha has to return the bill with its recommendation to the Lok
Sabha within 14 days of its receipt.
• If the Rajya Sabha does not return the said bill to the Lok Sabha within 14 days, it is presumed that the bill has been
passed by the Rajya Sabha in the form in which it was passed by the Lok Sabha. If it is returned to the Lok Sabha
along with the recommendations presented by the Rajya Sabha within the prescribed period, then the Lok Sabha
has the right to accept the recommendations presented by the Rajya Sabha or not. Thereafter it is presumed that
the said Bill was passed by both the Houses. After this the bill is sent to the President for his assent. The President
has to give his assent to it.

▪ Control over the Executive

The Council of Ministers is collectively responsible to the Lok Sabha. The Lok Sabha has the power to pass a no-
confidence motion against the Council of Ministers. Whenever such a resolution is passed, the Council of Ministers has
to resign.
Both the Houses of Parliament control the executive by asking questions, discussing matters of urgent public
importance by asking supplementary questions, calling attention motion, adjournment motion etc. Along with this,
Parliament controls the executive through Public Accounts Committee, Estimates Committee, Public Enterprises
Committee, Government Assurance Committee, Privilege Committees, Subordinate Legislation Committees etc.
Because of these, the executive is always alert.

▪ Constitutional Amendment Process

For any amendment to the Indian Constitution, a bill is introduced in either house of the Parliament. Such a bill
has to be passed by an absolute majority of the total members of each House and a two-thirds majority of the members
present and voting. But if any such amendment is to affect the federal nature of the constitution, then it must be ratified
by the legislatures of at least half the states.
The elements affecting the federal nature are the procedure for the election of the President, the extent of
executive power of the Union or the State, Parliamentary power to establish High Courts in Union Territories, the
organization and powers of the Supreme Court and High Courts. It also includes the distribution of financial powers
between the Union and the states, the representation of the states in the Parliament and the power and procedure to
amend the constitution.
When that bill is sent to the President, he gives his assent to it and after that the constitution is amended.
The powers of the Parliament to amend the Constitution are quite extensive. It can increase or change any
provision of the constitution and can also abolish it. But according to a decision of the Supreme Court, the Parliament
cannot amend the basic structure of the Constitution.
Other rights
The elected members of both the houses of the Parliament together with the elected members of the Legislative
Assemblies of the states form an electoral college which elects the President. Both the Houses of Parliament can remove
the President from his office through impeachment. Together they also elect the Vice President. They can also remove
the Comptroller and Auditor General, Chief Justices of Supreme Court and High Courts and other judges from their posts
by a specific procedure.

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▪ Parliamentary committees
Parliamentary Committees
Parliamentary committees are formed to
expedite the work of Parliament and to examine
them. Broadly, these committees are of two types:

Temporary Committee Standing Committee

▪ Temporary committees
Temporary committees are formed as per need and they come to an end when the work is done. Temporary
Committees are constituted by the Lok Sabha or its Speaker from time to time as required. They investigate a specific
subject and give their report on it. There is no fixed number of these committees. Their number keeps on increasing or
decreasing as per the requirement.
The members of these Committees are appointed by the House. The Selected Committee scrutinizes each bill
closely, collects all relevant data and takes statements of witnesses. After this, it gives its report to the House and after
completing the work, it gets dissolved.

▪ Standing committees
Standing Committees are elected or appointed every year or from time to time and their work continues more or
less continuously. The three financial committees in the standing committees: Public Accounts Committee, Estimates
Committee and Public Enterprises Committee are important committees which keep a watchful eye on government
expenditure.
• Public Accounts Committee: It consists of 22 members out of which 15 are elected by Lok Sabha and 7 by Rajya
Sabha for one year. The members of Rajya Sabha are considered as co-members and they do not have the right to
vote. This committee examines the appropriation of the accounts of the Government of India and the report of the
Comptroller and Auditor General. The committee ensures that public money is spent in accordance with the
decisions of the Parliament and it draws attention to wastage, extravagance, loss, wasteful expenditure or financial
irregularities in government services.
• Estimates Committee: This committee consists of 30 members. Who are elected annually by the Lok Sabha. One
of its members is appointed by the Speaker of the Lok Sabha as the Chairman of this committee. This committee
gives its report on topics like how to reduce government expenditure, how to improve or bring efficiency in the
organization and how to improve the administration. This committee also examines whether the funds have been
apportioned within the estimated limit or not. This committee also gives suggestions on the matter as to what
should be the nature of the estimates to be placed in the Parliament. It also suggests alternative policies to bring
efficiency in administration and reduce expenditure.
• Committee on Public Enterprises: This committee consists of 16 members, out of which 10 are elected by the Lok
Sabha and 5 by the Rajya Sabha by the single transferable vote system of proportional representation. Its Chairman
is appointed by the Speaker of the Lok Sabha.
This committee examines the accounts of public enterprises, examines their working and financial matters and
examines the reports of the Comptroller and Auditor General.

It is clear that Parliament is a very powerful institution of Indian democracy. It is the highest law-making body of
India to which the Federal Council of Ministers is responsible. It can also amend the constitution but it never means that
it is omnipotent.

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 Although there is a parliamentary democracy in India, we have also made a system of judicial review of the Acts
passed by the Parliament, according to which the judiciary can declare the Acts of the Parliament invalid. In fact, in our
constitution, the principle of mutual restrictions and balances has been adopted between the legislative and judiciary
organs of government.

The President of India

All the executive powers of the Union Government are vested in the President of India, which he exercises either
directly or through subordinate officers.

▪ Election process

The President of India is elected by an electoral college whose members are elected members of the Legislative
Assemblies of the states and elected members of both the Houses of Parliament. The proportional representation
by single transferable vote system is adopted for the election of President. A specific procedure has been provided
in the Constitution for determining the value of the vote of each elector.

The value of votes cast by elected members of the state legislative assemblies and both houses of parliament are
determined by the provisions of article 55(2) of the Constitution of India. As per the 84th Amendment, the 1971 census
is used, and will continue to be used until 2026.
The formula for determining the number of votes held by an MLA is:

The total population of that state

The value of the vote of an
elected member of the
Legislative Assembly
=
The total number of elected members of X 1000
the Legislative Assembly of that state

For example, the population of a state is 60,00,000 and the number of elected members of its Legislative Assembly is
400, then according to this method the value of each vote will be: 60,00,000 / 400 = 15,000 / 1000 = 15, in other words,
the legislation of that state. Each elected member of the assembly will have one vote but the value of that vote will be
15. In this way, the value of the votes of all the elected members of the Legislative Assemblies of all the states will be
added.
The number so available would represent the value of voters of the State Legislative Assemblies in the electoral college.
values of the votes of all the elected members of the Parliament:

The above total number of votes representing the State Legislative

the values of the votes of all
Assemblies
the elected members of the =
Parliament
the number of elected members of both the Houses of Parliament

In this way the values of the votes of all the elected members of the Parliament will be summed up. The numbers so
available would represent the values of the voters of both the Houses of Parliament.
The election of the President will be decided on the basis of the sum of the above two types of vote values.
One of the reasons behind the adoption of this system for the election of the President was that there should be
uniformity in the representation of the elected members of different states. Although the number of members of the
legislative assembly of each state remains in proportion to the population of that state, the constitution also prescribes

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 a maximum and a minimum number of members of the legislative assemblies, due to which there may be imbalance in
the proportion of representation of different states. .
As a result of this process, this imbalance is eliminated. Another reason for adopting this complicated process
was that there should be almost equality in the vote-values of the elected members of both the houses of the Parliament
and the elected members of the Legislative Assemblies of the states.

▪ Qualification
Any person who is a citizen of India, who has attained the age of not less than 35 years, is qualified to be elected to the
Lok Sabha and does not hold any office of profit under the Government of India or a State Government or a local self-
governing body can be a candidate for the election of the President. The President, the Vice-President, the Governor of
a State or any Minister of the Central or State Government shall not be deemed for this purpose to be the holder of an
office of profit under the State.

▪ Oath
Before taking office, the President has to take oath on a prescribed form before the Chief Justice of India or in his
absence, the senior-most Judge of the Supreme Court.

▪ Discharge process
He continues in his office for five years from the day he assumes office. Even before this, he can resign from his
post at any time. He can be removed at any time through impeachment proceedings on the ground of violation of the
constitution. For this he can be charged in either House of Parliament.
Such an allegation should come in the form of a motion of the House. Such a motion can be moved only if 14 days
prior notice is given and at least one-fourth of the members of the House sign it. If this motion is passed by at least two-
thirds of the total members of that House, then such a motion is sent to the other House which investigates or gets the
allegation done.
At the time of any such inquiry, the President should be given an opportunity to present his case himself or
through his representative. After the inquiry, that House (which inquired into the charge) also passes a resolution by a
majority of not less than two-thirds of its total members that the charge against the President is proved, then the day
on which such motion is passed. The President is dismissed
.
▪ Executive Powers
• All executive powers of the Union Government are exercised in the name of the President.
• He appoints the Prime Minister. President’s role in choosing the Prime Minister after 1977 is crucial. Politics in India
became more competitive and there have been many instances when no party had clear majority in the Lok Sabha.
No political party or coalition secured majority in the elections held in March 1998. The BJP and its allies secured 251
seats, 21 short of a majority. President Narayanan adopted an elaborate procedure. He asked the leader of the
alliance, Atal Behari Vajpayee, “to furnish documents in support of his claim from concerned political parties.” Not
stopping at this the President also advised Vajpayee to secure a vote of confidence within ten days of being sworn
in.
→ According to the provision of the Constitution, he appoints such person to the post of whom he has experience
that he will have the confidence of the majority of the members in the Lok Sabha.
→ It is a well-established convention of the Constitution that the party which has a majority in the Lok Sabha or (if
no one party gets a majority) is invited by the President to constitute the Cabinet. He appoints other ministers
in consultation with the Prime Minister and distributes ministries among them.

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 → In addition, the President appoints the Attorney General of India, the Comptroller and Auditor General, the
Chairman and other members of the Federal Public Service Commission, Chief Justices of the Supreme Court
and High Courts, Governors of States, Chief Commissioners of Union Territories. Along with this, the President
also appoints the members of the Finance Commission, Language Commission, Election Commission,
Ambassadors of India and other diplomats.
→ He appoints the Inter-State Council, the Commission to report on the administration of the Scheduled Areas,
the Commission for the Scheduled Castes and the Tribes, the Backward Classes Commission and the Minorities
Commission.
• The President has the right to get information about the activities of the Union Government. If the President so
desires, he can cause any matter to be placed before the Council of Ministers in respect of which a decision has
been taken by a Minister but which has not been placed before the Council of Ministers.

▪ Legislative powers
• Since the President is an integral part of the Parliament, he enjoys certain legislative powers. He summons the
sessions of both the Houses of Parliament, prorogues it, dissolves the Lok Sabha, addresses a joint session of both
the Houses, sends messages to both the Houses or one House, gives his assent to a bill passed by both the Houses,
In the event of a difference of opinion between the two houses on a money bill, a joint session of both is called and
an ordinance is issued.
• The power of the legislature to prevent any action from becoming law is called veto power, the constitution gives
three types of veto to the President.
1. Full veto - When a bill passed by the prescribed procedure comes to the President (except for the Constitutional
Amendment Bill), he can declare his acceptance or rejection. But if a bill comes before the President under Article
368 (Constitutional Amendment), then he cannot give his disapproval.
2. Suspension veto - Any bill sent to the President other than the Constitutional Amendment or Money Bill, he can
send it back to the Parliament for reconsideration, but if Parliament passes this bill again and sends it, then it
has no option except that Approve that bill. He will use this veto at his discretion. This veto was used till now in
the Salary Bill Allowances and Pension Rules Amendment of Members of Parliament in 1991. It was a financial
bill. President Ramaswamy Venkataraman exercised this veto on the ground that the bill was introduced in the
Lok Sabha without his permission.
3. Pocket veto - The constitution does not give any time limit for the President to give assent and disapproval. It
also comes within his discretionary power. In 1986, the Parliament passed a bill known as Indian Post office
(amendment) bill. This bill was widely criticised by many for it sought to curtail the freedom of the press. The
then President, Gyani Zail Singh, did not take any decision on this bill. After his term was over, the next President,
Venkataraman sent the bill finally back to the Parliament for reconsideration. By that time, the government that
brought the bill before the Parliament had changed and a new government was elected in 1989. This government
belonged to a different coalition and did not bring the bill back before the Parliament. Thus, Zail Singh’s decision
to postpone giving assent to the bill effectively meant that the bill could never become a law.
• He can nominate 12 members to the Rajya Sabha and two members of the Anglo-Indian community to the Lok
Sabha if he feels after the general election that the Anglo-Indian community is not adequately represented in the
Lok Sabha.

▪ Judicial Powers
In addition to the appointment of the Chief Justice and other judges of the Supreme Court, the President has the
power to pardon, reprieve, respite or remission the sentence of any person convicted of an offense or to suspend the
sentence. The power to suspend, or commute, shall be in all cases in which

11
 1. sentence or sentence has been given by a military court;
2. punishment or sentence has been given for an offense against such subject to which the executive of the Union is
the extension of power,
3. The sentence is the death sentence.
The words pardon, suspension, pause, avoidance and commutation have been used with certain meanings.
Forgiveness is an act of compassion. One cannot rightfully demand it. The condition of a person who is forgiven becomes
such that he has never committed that crime.
Pardon is purely an executive function, procrastination means to temporarily postpone the punishment prescribed by
law, by pause means to delay the execution of punishment for the future, by remission means reducing the period of
the sentence without changing its nature. Commutation means to change the nature of punishment and reduce it, e.g.,
the death sentence should be commuted to life imprisonment.

▪ Financial Powers
In every financial year, on behalf of the President, the Finance Minister presents the annual financial statements
to both the Houses of Parliament. A Money Bill can be introduced in the Lok Sabha without the President's
recommendation.
Any bill which provides for expenditure from the Consolidated Fund of India cannot be passed by either House of
Parliament unless the President has recommended so to do. No demand for grants can be placed in the House without
the recommendation of the President.

▪ Military powers
The supreme power of the armed forces is vested in the President, but its use is regulated by law. Parliament can
make any law in relation to water, land and air, the three armed forces and other armed forces of the Union Territory.
Parliament can make laws with respect to war and peace. The President can neither declare war against any country nor
deploy military forces anywhere without the consent of the Parliament or on the basis of the possibility of the consent
of the Parliament.

▪ Powers relating to Foreign Relations

The entire diplomatic work of the country is conducted in the name of the President. He appoints ambassadors
and other diplomatic representatives representing India abroad. Diplomatic representatives from abroad who are sent
to India, present their credentials to the President. All international treaties and agreements are made in the name of
the President but they need to be ratified later by the Parliament.

▪ Emergency Powers
The Indian Constitution empowers the President to declare emergency in three types of situations.
1. Emergency related to war, aggression or armed rebellion.
Whenever the President is convinced that the security of India or any part thereof is in danger or there is an
immediate possibility of danger due to war or external aggression or armed rebellion, he shall refer to Articles of
the Constitution Can declare emergency under 352.
In order to ensure that such a declaration is made after due consideration, the Constitution provides that
the Union Council of Ministers shall, in writing, recommend such declaration to the President. Every such declaration
is required to be placed in each House of Parliament and approved within 30 days.
If such declaration is made at the time when Lok Sabha is dissolved and Rajya Sabha gives its assent within
30 days, the acceptance of such declaration is necessary within 30 days. It will remain in force for the next 6 months
from the day the Lok Sabha gives its assent to the said declaration.

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 A motion for the approval of each House of Parliament must be passed by an absolute majority of the total
number of members on that day and a two-thirds majority of the members present and voting. Even after the expiry
of the period of six months, if such emergency is to be continued, it is necessary to pass a resolution in this regard
by both the Houses of Parliament.
Whenever both the Houses of Parliament pass such resolutions, then the period of emergency will continue
to increase for 6-6 months.
Effects of Proclamation of Emergency - Whenever there is a Proclamation of Emergency under Article 352 of the
Constitution, it has these effects:
(1) The executive power of the state becomes subordinate to the federal executive,
(2) The legislative power of the Parliament extends to the subjects in the State List.
(3) The freedoms given in Article 19 of the Constitution stand suspended.
(4) The President is empowered to suspend the right to take refuge in the judiciary for the implementation of the
Fundamental Rights other than those mentioned in Article 20-21 of the Constitution.
2. Failure of constitutional machinery:
On receipt of a report by the Governor of a State or otherwise, even if the Governor does not give any such
report, even then the President is convinced that it is not possible to conduct governance in that State according to
the provision of the Constitution, then The President can by a proclamation under Article 356 take over all or some
of the executive powers of that state. He can also declare that the legislative power of the State shall be exercised
by or under the authority of Parliament. He can set aside any provision of the Constitution except the High Court.
Any such declaration is required to be laid before both the Houses of Parliament within two months and
obtain their approval. If such a declaration is made at a time when the Lok Sabha is dissolved, it shall remain in force
for a further period of two months after the consent of the Rajya Sabha is obtained. But it is necessary to approve
such declaration by the newly elected Lok Sabha within 30 days from the beginning of its first sitting.
It will remain in force for the next 6 months from the day the Lok Sabha gives its assent to the said declaration.
Both the Houses of Parliament can extend this period for another 6 months by passing a resolution. They can do
this again and again, but in some situations, i.e., when the emergency declared under Article 352 of the Constitution
is in effect and the Election Commission certifies that the difficulties in conducting elections in that State are due to
such (failure of constitutional machinery). ) If the continuance of the declaration is necessary, this period may be
extended beyond one year.

3. Financial Emergency:
When the President is satisfied that a situation has arisen where the financial stability or financial standing of
India or any part thereof is endangered, he shall declare a financial emergency under Article 360 of the Constitution.
Any such declaration is required to be laid before both the Houses of Parliament within two months and obtain
their approval. If such a declaration is made at a time when the Lok Sabha is dissolved, it will continue to be in force
after the approval of the Rajya Sabha within two months. But such declaration must be approved by the newly
elected Lok Sabha within 30 days from the commencement of its first sitting.
Effects of Proclamation of Financial Emergency: When the Proclamation declared under Article 360 of the
Constitution remains in force, then the federal executive gets the right to direct the state government how to
conduct its financial system.
Such a direction may also provide that a Money Bill passed by the Legislature be reserved for the consideration
of the President. The President can also direct the deduction of salaries, allowances, etc., of any class of employees
serving in the service of the Union State or of all employees including Judges of the Supreme Court and High Courts.

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▪ Position of president
From the prima facie view of the powers of the President, it appears that this is a very powerful post, but in the
actual situation it is completely different from it. We have adopted the parliamentary system of government in which
the Council of Ministers is responsible to the Parliament, so the real powers are vested in the Council of Ministers and
not the President.

A dispute over the powers of the President

This dispute was first raised on 18 December 1951 by Dr. Rajendra Prasad, who was not only the first President of India but
also the President of the Constituent Assembly. He sent a note to the Prime Minister stating that he wanted to take his own
decision not on the advice of the Council of Ministers but on matters such as giving his assent to the Bills, sending messages
to Parliament and returning the Bills to Parliament for reconsideration.
He reiterated his point while laying the foundation stone of the Indian Law Institute. He said that there is a need to
study deeply the position of the President under the Constitution. Treating the President at par with the British King is a
misinterpretation of the Constitution. Nowhere in the constitution is it explicitly stated that the President is bound to heed
the advice of the Council of Ministers. The Constitution of Great Britain is unwritten. Whereas the Indian constitution is
written, where on the one hand the head of state in England gets the post on the basis of heredity, on the other hand the
head of state of India is elected and he is eligible for re-election. Therefore he is responsible to his electors for his official
work. This means that if he wants to be re-elected, he may have to justify his actions.
Such controversies continued to arise even later. As a result, the 42nd Constitutional Amendment Act was passed in
the Parliament in 1976. This amendment clearly states that the President shall act in accordance with the advice of the
Council of Ministers. Despite this act the dispute regarding the actual position of the President did not end. By this
amendment, a legal form was given to the actual practice.If the ruling party has a simple majority in both the houses of the
Parliament, then it cannot take a firm decision. If the ruling party does not have the support of the legislatures of more than
half of the states, then the President can create situations which are not favorable to the Council of Ministers.
Thus it is clear that the President has to act as a constitutional head ordinarily (including during the period of
emergency) but in special situations he may get opportunities to act as he pleases.

The Vice President of India

The Vice President is elected for five years. His election method is similar to that of the President, the only difference
is that members of State legislatures are not part of the electoral college. The Vice President may be removed from his office
by a resolution of the Rajya Sabha passed by a majority and agreed to by the Lok Sabha. The Vice President acts as the
exofficio 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. The Vice President acts as the President only until a new President is
elected. B. D. Jatti acted as President on the death of Fakhruddin Ali Ahmed until a new President was elected.

There is a provision for a Vice-President in the Indian Constitution. The Constitution divides the functions to be
performed by the Vice President into two categories. Whenever the office of the President becomes vacant due to his death,
resignation or removal, the Vice President acts as the Acting President. Whenever the President is unable to discharge his
duties due to absence, illness or any other reason, the Vice President acts as the officiating President.
The Vice-President is elected by the joint session of both the Houses of Parliament. The election is conducted by the
single transferable vote system of proportional representation. All doubts and disputes related to elections are settled by
the Supreme Court.

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 Any person who is a citizen of India who has attained the age of 35 years, is qualified to be elected as a member of
the Rajya Sabha and who does not hold any office of profit under the Government of India, State Government or local
government, Vice-President may be elected to office.
Before assuming office, the Vice President is administered the oath of office before the President or any person
appointed by him.
The Vice-President holds office for five years from the date of his taking office. He can resign from his office by
addressing the President. He is removed from his post when the resolution is passed by the majority of the members of the
Rajya Sabha and confirmed by the Lok Sabha. However, prior notice of 14 days is necessary for bringing such a proposal.
An interesting and unique incident happened when V.V. Giri was the Vice President of India and was serving as the
acting President in the vacancy caused by the death of President Zakir Hussain. When the notification for the election of the
President was announced, V.V. Giri decided to contest the election. But before the nomination he wanted to resign from his
post. He addressed his resignation letter to the President, and put it on the President's table and left.
The Vice-President receives the salary, allowances, etc., fixed by the Parliament for acting as the Chairman of the Rajya
Sabha. Whenever he acts as an executive or officiating President, he cannot act as the Chairman of the Rajya Sabha and at
that time he has all the powers, allowances and privileges available to the President.
The Vice President is the ex-officio Chairman of the Rajya Sabha. He presides over the meetings of the Rajya Sabha
and conducts all its proceedings. But whenever a proposal related to his removal is under consideration, he abstains from
the above works. He gets the rules of conduct to be followed in the Upper House. Whenever there is a division of votes in
the House on any question, he counts the votes and announces the result.
If any dispute arises on any proposal or question whether it should be accepted for consideration or not, then he
settles it by his own decision. Ordinarily he does not vote on any motion or bill of the House, but when the voting in the
House is equal on both the sides, he gives the final vote. Whenever a member moves an adjournment motion, he decides
whether to accept it for consideration or not. Sometimes he is also the chancellor of some central universities.

Council of Ministers
The Constitution provides for a Council of Ministers, which is headed by the Prime Minister. The Council of Ministers
assists and advises the President. The President has to act according to that advice. The President first appoints the Prime
Minister and then appoints other ministers in consultation with him.
The President appoints such a person as the Prime Minister who he believes will be able to get the support of the
majority of the members of the Lok Sabha. If a party has an absolute majority in the Lok Sabha and elects its leader, the
President has to appoint that leader as the Prime Minister.
If any one party does not get absolute majority in the Lok Sabha and two or more parties together form a joint party
on the basis of the common minimum program and choose a leader of their own, then the President invites that leader for
the post of Prime Minister.
Thereafter, the President asks the Prime Minister for a list of the names of the persons whom he wishes to appoint
as ministers. The President has to appoint such persons, whose recommendation has been made by the Prime Minister, to
the post of Minister.
There are three types of ministers: 1. Cabinet Minister, 2. Minister of State and 3. Deputy Minister. The cabinet is a
small committee of ministers in which those ministers are appointed who have an important place in the party and who are
ministers of important departments. Its meetings are held frequently and important decisions of the government are taken
by it.
A cabinet minister is the head of one or more departments. There are two types of ministers of state. Some ministers
of state are given independent charge of their ministry and some ministers of state work under a cabinet minister. Whenever

15
there is a consultation in the cabinet on any matter related to his ministry, the Minister of State concerned can be called in
the said meeting of the cabinet.
Deputy ministers work under the supervision of either a cabinet minister or a minister of state. Their main function is
to assist the Cabinet Minister or the Minister of State, as the case may be, in the performance of their functions.
Size of the Council of Ministers - Before the 91st Amendment Act (2003), the size of the Council of Ministers was
determined according to exigencies of time and requirements of the situation. But this led to very large size of the Council
of Ministers. Besides, when no party had a clear majority, there was a temptation to win over the support of the members
of the Parliament by giving them ministerial positions as there was no restriction on the number of the members of the
Council of Ministers. This was happening in many States also. Therefore, an amendment was made that the Council of
Ministers shall not exceed 15 percent of total number of members of the House of the People (or Assembly, in the case of
the States)

Position of Prime Minister

The Prime Minister enjoys an important position in the Council of Ministers. He selects the other ministers. Whenever
a difference of opinion arises between the Prime Minister and another minister on any subject, that minister has to obey the
Prime Minister. The Prime Minister can ask for resignation from any minister. If he does not resign, the President can remove
him from the Council of Ministers on the advice of the Prime Minister.
The Prime Minister presides over the meetings of the Council of Ministers. He conveys the decisions of the Council of
Ministers to the President. Whenever the President wants to convey something to the Council of Ministers, he does this work
only through the Prime Minister. The prime minister is the chief spokesperson of the government.
Thus it is clear that the Prime Minister is very powerful as compared to other ministers. But the Prime Minister is not
omnipotent. While forming his council of ministers, he has to keep many things in mind. Such as representation of different
sections of the society, different geographical regions and different thought groups of the party.
As a result of all this, the choice of the Prime Minister in the selection of ministers becomes very limited. Broadly
speaking, it can be said that about half the members in the Council of Ministers are those whom the Prime Minister wants
and about half are those whom the Prime Minister has to take because he has no other option. This is the reason why the
Prime Minister is called the first among his counterparts. This means that all the ministers are equal but the Prime Minister
gets the first place among them.
The entire Council of Ministers meets rarely. Cabinet meetings are held frequently. All important decisions are taken
in cabinet meetings. But the responsibility of all those decisions is taken by the Council of Ministers. It may happen that no
one minister agrees with the decision of the cabinet. But he cannot disclose it publicly unless he resigns from the Council of
Ministers.
The Council of Ministers is collectively responsible to the Lok Sabha. This means that if no-confidence is expressed
against any one minister, then it will be treated as no-confidence against the entire Council of Ministers. In such a situation
all the ministers including the Prime Minister have to be deposed.
Members of both the Houses of Parliament exercise control over the Council of Ministers by asking questions, asking
supplementary questions, bringing adjournment motions, giving notices of attention. Along with this, control is also
exercised by various parliamentary committees, such as Public Accounts Committee, Estimates Committee, Government
Assurance Committee, Public Enterprises Committee, Privileges Committee, Delegated Legislation Committee, etc.
All policy decisions related to administration are taken by the Council of Ministers. It also oversees the implementation
of all policy decisions. It plays an important role in the preparation of bills and getting them passed in both the houses of
the Parliament so that they become Acts. It prepares the budget and regulates the income and expenditure of the federal
government. It formulates foreign policy and conducts relations with other countries.

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PERMANENT EXECUTIVE
The Executive organ of the government includes the Prime Minister, the ministers and a large organisation called
the bureaucracy or the administrative machinery. To underline the difference between this machinery and the military
service, it is described as civil service. Trained and skilled officers who work as permanent employees of the government are
assigned the task of assisting 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. In the parliamentary system, 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. At the same time, this machinery is made politically accountable. The bureaucracy is also expected to be politically
neutral. This means that the bureaucracy will not take any political position on policy matters. In a democracy, it is always
possible that a party is defeated in elections and the new government wants to opt for new policies in the place of policies
of the previous government. In such a situation, it is the responsibility of the administrative machinery to faithfully and
efficiently participate in drafting the policy and in its implementation.

The Indian bureaucracy today is an enormously 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. Makers of our
Constitution were aware of the importance of the non-partisan and professional bureaucracy. They also wanted the
members of the civil services or bureaucracy to be impartially selected on the basis of merit. So, the Union Public Service
Commission has been entrusted with the task of conducting the process of recruitment of the civil servants for the
government of India. Similar public service commissions are provided for the States also. Members of the Public Service
Commissions are appointed for a fixed term. Their removal or suspension is subject to a thorough enquiry made by a judge
of the Supreme Court. 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. For this
purpose, the Constitution has provided for reservation of jobs for the Dalits and Adivasis. Subsequently, reservations have
also been provided for women other backward classes and economically weaker sections. These provisions ensure that the
bureaucracy would be more representative and social inequalities will not come in the way of recruitment to the civil service.

Classification of civil services

All India Services Central Services State Services

Persons selected by the UPSC for Indian Administrative Service and Indian Police Service constitute the backbone of the
higher level bureaucracy in the States. An IAS or IPS officer is assigned to a particular State, where he or she works under
the supervision of the State government. However, the IAS or IPS officers are appointed by the central government, they can
go back into the service of the central government and most importantly, only the central government can take disciplinary
action against them. This means that the key administrative officers of the States are under the supervision and control of
the central government. Apart from the IAS and the IPS officers appointed by the UPSC, the administration of the State is
looked after by officers appointed through the State Public Service Commissions. This feature of the bureaucracy
strengthens the control of the central government over the administration of the States. The bureaucracy is an instrument
through which welfare policies of the government must reach the people. But most often, it is so powerful that people are

17
afraid of approaching a government officer. It is a common experience of the people that bureaucracy is insensitive to the
demands and expectations of the ordinary citizen. Only if the democratically elected government controls the bureaucracy,
some of these problems can be effectively handled. On the other hand, too much political interference turns the bureaucracy
into an instrument in the hands of the politician. Though the Constitution has created independent machinery for
recruitment, many people think that there is no provision for protecting the civil servants from political interference in the
performance of their duties. It is also felt that enough provisions are not there to ensure the accountability of the
bureaucracy to the citizen. There is an expectation that measures like the Right to Information may make the bureaucracy a
little more responsive and accountable.

Parliamentary Executive in India

The framers of the Indian Constitution wanted to ensure a government that was sensitive and responsive to the
expectations of the people. The framers of the constitution had the second option instead of parliamentary executive,
presidential government. But the presidential executive places great emphasis on the President as the chief executive and
considers him as the source of all powers. In the presidential executive, there remains a danger of worship of the individual.
The framers of the constitution wanted a government that had a powerful executive, but at the same time, there should be
enough restrictions on individual worship. There are many such processes in the parliamentary system which ensure that
the executive will be accountable to and controlled by the legislature or the representatives of the people. Therefore, the
constitution accepted the system of parliamentary executive both at the national and provincial levels.

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 Provincial Executive
There is a system of dual government in the Indian Constitution. It is working in the center and in different states. A uniform
structure has been described for state governance in Part-VI of the Constitution. The central and state governments are of
parliamentary system. At each level of which there are two types of executive heads, one of nominal and the other of real
meaning. Just as the nominal executive head at the center is the President and in the real sense the executive authority lies
with the Council of Ministers headed by the Prime Minister which is collectively answerable to the Parliament. Similarly, at
the state level, the governor is the nominal executive head, while the actual authority rests with the council of ministers
headed by the chief minister, which is collectively responsible to the state legislature. The modus operandi of the governor
depends upon the political situation in the state. In normal times when there is a permanent majority government in the
state, the governor is the nominal head. But in unusual circumstances, when there is political instability in the state, the
governor plays an important role because the governor has special discretionary powers and he can exercise his functions
properly in unusual circumstances [Article 163(1)].

State Legislature
Each state has a legislature. Some states have a bicameral legislature, in which the first house is called the Legislative
Assembly and the second house is called the Legislative Council.

Governor
The governor of the state is an essential part of the legislature. The governor initiates and ends the session of the Legislature.
The Legislative Assembly can be dissolved by the governor. A Bill passed by the Legislature cannot become an Act without
its consent. In respect of any bill pending before the Legislature, he can send a message and the Legislature has to consider
it. In the first session after the election of the Legislative Assembly and in the first session of every year, the Governor
addresses the Legislature, in which he informs the House of the reasons for convening the session. The subjects which are
mentioned in the address of the Governor have to be considered by the Legislature. When the Legislature is not in session
and the Governor feels that immediate action is needed, he can issue an Ordinance, which has the same place as an Act
passed by the Legislature. Such an ordinance is required to be placed before the Legislature within 6 weeks and approved
by it. If the legislature does not give its assent within 6 weeks, then the validity of that ordinance ends.

Legislative Council
If the Legislative Assembly of a state passes a resolution by an absolute majority of its total members and two-thirds majority
of the voting members present, then the Parliament can establish or abolish the Legislative Council in that state. At present
only six states (Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh) have Legislative Councils.
Apart from this, the Parliament of India has approved the formation of Legislative Council in Assam and Odisha.
The Legislative Council is the upper house of the state legislature. The total number of members of the Legislative Council
cannot exceed one-third of the total number of members of the Legislative Assembly of that State, but in no case the total
number of members of the Legislative Council can be less than 40.
Unless Parliament makes other provision by law, one-third of the total members of the Legislative Council are elected by an
electoral college consisting of municipalities, district panchayats and other local self-governing bodies of the State, one-third
of the members of the Legislative Assembly are elected by the members of the State; 1/12 members are elected by graduates
who have graduated at least 3 years ago; 1/12 members are elected by teachers who have been teaching in secondary
schools or higher classes for at least 3 years; and one-sixth of the members are nominated by the Governor from amongst
those persons who have subject knowledge or practical experience in relation to literature, art, science, cooperative
movement or social service. All these elections are conducted by the single transferable vote system of proportional
representation.
To become a member of the Legislative Council, a person must possess the following qualifications: He must be a
citizen of India, must have attained the age of not less than 30 years and possesses such other qualifications as may be
prescribed by Parliament. He should not be of unsound mind and a discharged insolvent and should not hold any office of
profit under the Government of India or the State Government.

19
 The term of each member of the Legislative Council is 6 years, but every second year one-third of the members retire
and new members are elected in their place. For any sitting of the House, at least 10 or one tenth of the total members of
the Legislative Council, whichever is higher, shall constitute a quorum.
The Legislative Council chooses two of its members as the chairman and the Deputy chairman respectively. Whenever
the Chairman or the Deputy Chairman ceases to be a member of the House, he becomes relieved of his office. He can resign
from his office or he can also be removed by a resolution passed by the majority of the members of the council. However,
prior notice of 14 days is necessary for bringing such a proposal. The Chairman and the Deputy chairman receive the salary
and allowances prescribed by the Legislature.

Legislative Assembly
The Legislative Assembly of each state consists of at least 60 and not more than 500 members. These members are
directly elected from different constituencies of the state. The constitution of each constituency is based on the principle of
equality. The seats in the Legislative Assembly have been reserved by the Constitution for the Scheduled Castes and the
Scheduled Tribes in proportion to their population. If after the general election to the Legislative Assembly, the Governor
feels that the Anglo-Indian community is not adequately represented in the Legislative Assembly, he can nominate a person
belonging to this community as a member of the Legislative Assembly.
The members of the Legislative Assembly are elected on the basis of full adult franchise. A voter must be a citizen of
India, at least 18 years of age and have his name in the electoral roll.
To be elected to the Legislative Assembly, a person must be an Indian citizen, must be at least 25 years of age and
possess all such qualifications as may be determined by Parliament by law.
Any person who holds an office of profit under the Government of India, a State Government or a local self-governing
body or who is of unsound mind or a discharged insolvent is disqualified for membership of the Legislative Assembly. The
term of the Legislative Assembly is 5 years, but the Governor has the right to dissolve it even before that.

Speaker
The House has the right to elect a Speaker to preside over the House, who conducts its meetings. In the absence of the
Speaker at any meeting of the Legislative Assembly, the Deputy Speaker presides over the meetings of the House, who is
also elected by the House.
He does not preside over the sittings of the House whenever a motion to remove the Speaker from his office is under
consideration. He determines the program of the House and limits the speeches of the members. He maintains order and
discipline in the house and prevents the use of unparliamentarily language in the house.
If a member does not listen to him or ignores him, he can ask him to leave the house, suspend his membership for some
time or order the marshal of the house to throw that member out of the house. Whenever it is not possible to maintain order
in the House, he can adjourn the proceedings of the House.
Whenever there is a division of votes in the House on any question, it declares the result on the basis of the counting of
votes. Ordinarily he does not vote in the House but if the votes of the House are divided equally, he casts the final vote. He
also decides whether to accept an adjournment motion for consideration or not. The Speaker also decides whether a bill
should be considered a money bill or not.

For the meetings of the House, the presence of 1/10 of the total members of the House is necessary for quorum.

Rights and Functions

The powers and functions of the Legislature can be studied under the following heads:
• Law making: The main function of the Legislature is law making. It has the exclusive right to make laws on the subjects
related to the State List. Like the Parliament, the State Legislature can also make laws on the subjects related to the
Concurrent List, but if there is a conflict between the laws made by both, then the Parliamentary law is selectable to the
extent of the opposition.

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Bills introduced in the Legislature are of two types:
Ordinary or Non-Money Bills and Money Bills.
The process of passing money bills is different from the process of ordinary bills.

• Ordinary Bills - Ordinary Bills can be introduced first in either House of the Legislature. Every ordinary bill has to follow
the following procedure before it becomes an Act:
 The draft of the proposed bill has to be sent to the Secretariat of the House. The Speaker of the Legislative Assembly
or the Chairman of the Legislative Council, as the case may be, in consultation with the Business Advisory Committee
of the House, decides a day and time when the Bill is to be introduced in the House. On the appointed day and time,
the mover seeks permission from the presiding officer of the House to introduce the bill. After getting his assent,
the mover reads the title of the bill and gives a brief speech in which the basic objectives of the bill are highlighted.
If no member opposes it, the bill is presumed to have been passed in the first reading. Normally there is no
opposition at this stage because the passage of the Bill in the first reading only means that the House has agreed
to consider the Bill in detail. But sometimes there are occasions when the opposition party is not ready to even
consider the bill. In such a situation, the presiding officer gets the bill debated and voted on. If the House gives its
assent to the Bill, it is considered that the House has passed the Bill in the first reading.
 After some interval (usually after two days) the mover again introduces the Bill. This level is referred to as second
reading. In this there is first a general discussion, then the House chooses one of three options:
1. Either the House decides to have a detailed discussion on the Bill; In such a situation, each section sub-section
of the Bill is considered and voted on;
2. or the House decides that this Bill should be publicized to elicit public opinion thereon, the House considers
and votes on each section, sub-section in detail on the Bill in the background of public opinion,
3. There is also an option with the House to send the bill to a Select Committee consisting of those members of
the House who have special interest in that subject, this committee consists of 20-30 members who are
appointed by the Speaker. This committee examines the bill in depth and presents its report after
recommending amendments, if any.

The House votes on the Bill in the background of this report after discussing each section, sub-section in detail. If the House
accepts the bill, it is presumed that the bill has been passed in the second reading.
 After some interval the bill is presented to the House for final or third reading. At this stage there is a general
discussion on the Bill and no amendment is accepted except for some verbal manipulations. If the House accepts
the Bill at this stage, the Bill is sent to the other House. In the second house also the bill goes through the above
process. If the other house also accepts it. It is sent to the Governor for his assent.

If a difference of opinion arises between the two Houses, it is settled by the following method:
The Legislative Council either sends the bill passed by the Legislative Assembly back to the Legislative Assembly with its
recommendations or keeps silence on it for three months. If the Legislative Assembly re-passes that bill in original or with
amendments, then the Legislative Council cannot reject it. If the Legislative Council rejects the bill, even after one month it
is assumed that the bill has been passed by both the houses.
If a bill is passed by both the houses of the legislature (if that state has a bicameral legislature) or by the legislative
assembly (if that state has a unilateral legislature), it is sent to the governor for his assent. The Governor either gives his
assent to the bill or sends it to the Legislature for reconsideration.
If the Legislature after reconsideration passes it in original or in amended forms and sends it to the Governor, then the
Governor has to give his assent to it. The Bill then becomes an Act. But the governor has another option. He can reserve that
bill for the consideration of the President.

21
The President can give his assent to it, reject it or send it back to the Legislature for reconsideration on the basis of his
suggestions. If the Bill is re-passed in the original or in the amended form, the Bill is sent back to the President for
consideration.

Financial matters
The state legislature completely controls the financial system of the state government. At the beginning of every
financial year, the annual financial statement or budget is presented before the Legislature, in which the details of the
income and expenditure of the government are kept. The budget is laid by the Finance Minister.
In the budget, that expenditure is shown separately which is recovered from the Consolidated Fund of the state and
which is discussed but on which the House does not vote. The second type of expenditure is that which is taken out of the
Consolidated Fund of the state, but on which the House not only discusses but also votes on it.
While presenting the budget, the Finance Minister gives a speech in front of the Legislative Assembly, in which he
discusses the financial position of the state and explains the financial policy of the government. A Finance Bill is also
presented along with the budget, which includes proposals for imposition of new taxes or increase or decrease in old taxes.
After the budget speech of the Finance Minister, there is a general discussion on the entire budget. After discussion, the
budget estimates are presented to the House in the form of demands for grants. The minister of each department places
the demands related to his department before the House. The House discusses these demands and approves or rejects
them. He can even cut them.
The House does not have the right to increase the demands. When the voting on the demands of the Legislative
Assembly is completed, the expenditure of both the types (recovered from and withdrawn from the Consolidated Fund of
the State) together is presented to the Legislative Assembly in the form of an Annual Appropriation Bill and the Legislative
Assembly passes it in the same way as any other Bill is passed. Thereafter, the Speaker of the Legislative Assembly certifies
it as a Money Bill.
A Money Bill cannot be introduced in the Legislative Council initially. When a Money Bill is passed by the Legislative
Assembly, it is sent to the Legislative Council. The Legislative Council has to return it to the Legislative Assembly within 14
days. The Legislative Council can give its recommendations regarding that bill, but it can neither reject it nor amend it.
After 14 days of being passed by the Legislative Assembly, the Bill is deemed to have been passed by both the Houses
and sent to the Governor for his assent and the Governor has to give his assent to it.

• Control over the executive- The Council of Ministers is collectively responsible to the Legislative Assembly. The Assembly
has the right to pass a no-confidence motion against the Council of Ministers. Whenever such a resolution is passed, the
entire Council of Ministers has to resign.
Both the Houses of the Legislature control the executive through; by asking questions, by asking supplementary
questions, discussing matters of urgent public importance, by presenting motions to attract attention, by presenting
adjournment motion and by Public Accounts Committee, Estimates Committee, Public Enterprises Committee,
Government Assurance Committee the Committee of Privileges, Committee on subordinate legislation, etc. Because of
these, the executive is always alert.
• Constitutional Amendment- If a Constitutional Amendment Bill affecting the federal nature is passed by both the
Houses of Parliament, then it must be ratified by the legislatures of more than half of the states.
• Electoral Rights- In the election of the President, the amount of voting rights enjoyed by the members of both the Houses
of Parliament is the same as that of the elected members of the Legislative Assemblies of the states.

It is clear from the above description that the state legislature plays an important role in the administration of the state.
It not only makes laws in the subjects related to the State List and Concurrent List but also controls the Council of Ministers.
The Council of Ministers can remain in power only so long as it has the confidence of the Legislative Assembly of the State.

Governor

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All the executive powers of the state are vested in the Governor. He uses it directly or through subordinate officers.
The Governor is appointed by the President for a term of 5 years. He continues to hold office during the pleasure of the
President. The President can not only remove him from his office but can also transfer him from one state to another.
Recommendations of the Sarkaria Commission on the Qualifications of the Governor: A commission was appointed in
June 1983 to look into the framework of the relationship between the Center and the States, headed by Justice R.S. Sarkaria,
commonly known as the 'Sarkaria Commission'. This commission, in its report in October 1987, made the following
recommendations regarding the qualifications of the Governor:
a) Before the appointment of the Governor, the Chief Minister of the concerned State must be consulted.
b) The person to be appointed to the post of governor should be famous in some field of life.
c) Such a person should belong to some other state.
d) Such a person should not be more concerned with the local politics of that state.
e) That person should not have participated much in politics, especially in that state.
f) No person from the ruling party at the center should be appointed as the governor of a state where the opposition party
is in government.
Altogether, over the years, two practices have become prevalent- first, the person to be appointed governor should not
belong to the same state in which he is to be appointed governor. Second, the Chief Minister of the state should be taken
into confidence while deciding the appointment of a person for the post of Governor.
Ordinarily, before taking the final decision about the appointment of any person to the post of Governor, the Union
Home Minister consults with the Chief Minister of the concerned state. But there are many instances when this has not been
done. This practice was not followed especially in the case of states which are ruled by a party other than the Centre.
The Governor cannot be a member of either House of the Parliament or of the State Legislature. If such an MP or MLA
is appointed as the Governor, it is assumed that he has resigned from the membership of the Parliament or the Legislative
Council or the Legislature from the day he assumes the office of the Governor.
Before assuming office, he takes the oath of office before the Chief Justice or senior most judge of the High Court. In
this oath he promises to protect and preserve the Constitution.

Powers of the Governor

• Executive Powers - All the executive functions of the state are done in the name of the Governor. He appoints the Chief
Minister. According to well-established convention, the Governor appoints to the office only such person who he believes
will be able to secure the confidence of the majority of the members of the Legislative Assembly.
It is a well-established custom that in the Legislative Assembly, the leader of the party or party group that has
absolute majority (if no one party has absolute majority) is invited to form the Council of Ministers. He appoints other
ministers and distributes posts among them on the advice of the Chief Minister.
In addition, he appoints the Advocate General of the State and the Chairman and other members of the State
Public Service Commission. The Governor has the right to inform about all the activities of the State Government.

• Legislative Powers- Since the governor is an integral part of the legislature, he has some legislative powers, such as he
calls for a session of the Legislature, prorogues it, dissolves the legislative assembly, addresses the session of the
legislative assembly or the joint session of both the houses. He can send messages to either house or both the houses,
give assent to the bills passed by the legislature and can issue ordinances. If after the general election he feels that the
Anglo-Indian community does not get adequate representation in the Legislative Assembly, then he can nominate a
person from that community as a member of the Legislative Assembly.

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Comparison of the power of the President and the Governor to issue ordinances: A comparative study of the ordinance-
making power of the President and the Governor can be done as follows:

The President The Governor

1. Ordinance can be promulgated in
case Parliament is not in session.
2. If the President is satisfied that
circumstances have arisen for the
disposal of which cannot wait for
the Parliament to come into
session.
3. The power to issue or withdraw
ordinances is exercised in
consultation with the Federal
Council of Ministers.
4. The President does not need any
instruction to issue an ordinance.
5. An Ordinance is as powerful as an
Act passed by the Parliament.
6. As soon as the Parliament is in
session, the Ordinance is placed
before both the Houses for
consideration.
7. The ordinance automatically
lapses after 6 weeks of coming
into the session of the Parliament.
If both the Houses of Parliament
pass the resolution disapproving
the ordinance, then the ordinance
lapses even before 6 weeks. The
material date for this is the date of
second resolution of disapproval.
1. Ordinance can be promulgated in case the State Legislature is not in
session.
2. If the Governor is satisfied that such circumstances have arisen for the
resolution of which cannot wait for the Legislature to come into session.
3. The power to issue or withdraw ordinances is exercised in consultation
with the State Council of Ministers.
4. The Governor can issue an ordinance only after receiving instructions
from the President in the following three cases, if:
a. A Bill containing those provisions needs the prior assent of the
President to be introduced in the Legislature.
b. The Governor considers it necessary to reserve for the
consideration of the President a Bill containing those provisions.
c. An Act passed by the Legislature containing those provisions is
invalid unless it has received the assent of the President, being
reserved for the consideration of the President.
5. Ordinance is as powerful as an Act passed by the Legislature.
6. The Ordinance shall be taken up for consideration of the Legislature as
soon as it is in session (Vidhan Sabha or both the Houses, as the case
may be).
7. The ordinance automatically lapses after 6 weeks of coming into the
session of the Legislature. If the assembly passes a resolution
disapproving the ordinance, then the ordinance lapses even before 6
weeks. In case of legislature being bicameral, the disapproval resolution
is passed by the assembly and the legislative council only agrees with it.
For this, the elemental date is the date of the disapproval of the
resolution by the Legislative Assembly if there is one House of the
Legislature and if there are two Houses, then the date of consent of the
Legislative Council.

• Financial Powers - He asks the Finance Minister to present the annual financial statement before the Legislature in every
financial year. No Money Bill can be introduced in the Legislative Assembly without the recommendation of the
Governor. Any bill which provides for the withdrawal of expenditure from the Consolidated Fund of the State cannot be
passed by the Legislature unless it is recommended by the Governor. No demand for grants can be placed before the
Legislature without the recommendation of the Governor.

• Judicial Powers- to the Governor to pardon, suspend, pause or remit or suspend the sentence of any person convicted
of an offense against any law in relation to the matter to which the executive power of that State extends. , has the
power of avoidance or miniaturization.

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• Discretionary Powers- The constitution also describes some special powers of the governor, which he exercises in special
circumstances. There are two types of discretionary discretion of the Governor, firstly the constitutional discretion
written directly in the constitution, secondly, indirect discretion, which arises from the immediate political
circumstances. These can be called Situational Discretion. In the first case, the Constitution has given the Governor the
freedom to use his discretion, while in the second case he uses them keeping in view the political circumstances of the
state.
a) Constitutional Discretion: Unlike the President of India, the Governor has some special discretionary powers. In such
specific cases, he does not have to act on the basis of the decision of the cabinet but on the basis of his personal
decision.
1. The Governor acts in his discretion while sending a report to the President about the situation in the state,
especially on constitutional crisis (Article 356).
2. The Governor himself also takes the decision of placing any bill passed by the state legislature for the
consideration of the President (Article 200).
3. Even if there is a conflict between the Central and the State Government on any matter, the Governor acts at
his discretion.
4. Even while issuing an ordinance, the Governor has to take the advice of the President.
5. The Governor exercises his discretion on matters relating to the administration of the tribal area and control of
the violent activities of Naga insurgents. Even in such times, he acts with his discretion.

b) Situational Discretion: The state can exercise its discretion in a particular situation. Under normal circumstances the
Governor acts with the advice and assistance of his cabinet. But in unusual circumstances it acts as an agent of the
President. Works and informs the President about the situation in the state. The Governor can exercise his discretion
in the following circumstances:
1. appointment of chief minister,
2. dismissal of the cabinet and
3. Dissolve the Legislative Assembly.

Therefore, the Governor is the constitutional head in normal circumstances and an important officer of the state exercising
discretionary powers in certain circumstances.

• Veto power of the Governor- When a Bill is presented to the Governor after it has been passed by both the Houses of
the Legislature, the Governor can take any of the following steps:
1. He can declare assent to a bill which will immediately become law.
2. He can declare that he withholds assent to the Bill. In such case that Bill shall not become a law.
3. He can return a Bill other than a Money Bill with a message.
4. The Governor can reserve a bill for the consideration of the President. Reservation is mandatory in one case, i.e.
where the law in question would be in derogation of the power of the High Court under the Constitution.

In the case of a money bill so reserved, the President may announce his assent or withholding. But in the case of a Bill
other than a Money Bill, the President, instead of declaring his assent or disapproval thereon, may direct the Governor to
return the Bill to the Legislature for reconsideration.
On such return, the Legislature shall reconsider the Bill within six months and if it is passed again, the Bill shall be
presented again to the President, but it is not obligatory for the President to assent to it (Article 201).

25
 It is clear that a Bill which is reserved for the consideration of the President. It will be effective only when the President
gives assent to it. But the Constitution has not imposed any time limit for assent to be given or withheld by the President. As
a result, the President can keep the bill of the State Legislature pending indefinitely without expressing his opinion.
It may be mentioned that the President also has a third option, which was exercised in respect of the Kerala Education
Bill i.e. when the Reserve Bill is presented to the President and any doubt arises in the President's mind about the
constitutionality of the Bill, then he may assent or return the Bill or send it to the Supreme Court under article 143 for its
opinion.

Position of the Governor

If we look at the above mentioned powers of the Governor, then it seems that the Governor is a very powerful officer.
But the reality is completely different from this. We have adopted the parliamentary system of government, in which the
council of ministers is responsible to the legislature, so the real powers go to the council of ministers and not to the governor.
But in exceptional circumstances the Governor may have to act at his discretion. For example, if no single party or
group of parties has a clear majority in the Legislative Assembly and there are two contenders for the post of Chief Minister,
who will he appoint to this post? Similarly, if a ruling party comes to a minority vote in the Legislative Assembly and the Chief
Minister advises the Governor to dissolve the Legislative Assembly, is the Governor bound to follow the said advice? Thus, it
is clear that normally the Governor has to act as a constitutional head but in exceptional circumstances he may get
opportunities to act as he pleases.
Despite this, many controversies arose regarding the powers of the Governor. Since he is appointed by the President
and remains in power during his pleasure, the general impression is that he has to act on the advice of the President and
cannot ignore him. But at the same time he has to act according to the advice of the Council of Ministers. Thus he has to
serve two masters. If there is a conflict between the advices of both, most of the governors acted on the advice of the
President. Due to this, a feeling of opposition arose among the supporters of the state governments. It is often seen that in
similar situations different decisions were taken and all of them always resulted in favor of the ruling party at the Centre.
For example, after the fourth general election, no party got an absolute majority in the Legislative Assemblies of Uttar
Pradesh and Rajasthan.
There were two contenders for the chief minister's post in both the states: one from the Congress and the other from
a party group (Joint Legislature Party) of the opposition. The governors of both the states dealt with the problem in different
ways. Rajasthan Governor Sampurnanand invited the leader of the largest party in the Legislative Assembly for the post of
Chief Minister and said that if the opposition party is in majority, then the Legislative Assembly can pass a no-confidence
motion against the Council of Ministers. They were not ready to count the members themselves and decide who has a
majority in the Legislative Assembly. Quite the contrary, the Governor of Uttar Pradesh Vishwanath Das asked for the list of
his supporters from both the claimants and when he saw that some names were in both the lists, he called those persons
and automatically found out which party or group he was in favor of. And thus decided which claimant has majority in the
Legislative Assembly.
In both the states it was seen that the decision of the governors was in favor of the Congress which was then ruling at
the Centre. This was fiercely opposed and a demand arose that there should be clear rules for the guidance of the governors.
But the central government did not accept this demand.
Not only this, when the Parliament passed the 42nd Constitutional Act in 1976, it made it a rule for the President that
he is bound to follow the advice of the Council of Ministers, but it was not done for the Governor. The position of the governor
was deliberately kept ambiguous so that the center's hold on the state government remained strong.
There is also much controversy about the discretionary powers of the Governor. Some critics maintain that the
Governor of Nagaland (while administering the district) or the Governor who is to administer any Union Territory (in which
he does not consult the Council of Ministers of his State) should be appointed to any other Governor. There is no right of
discretion. But another section of critics say that the Governor definitely enjoys some discretionary powers. The Governor,
in his discretion, decides in which subjects he has to act in his discretion. And in which subjects he has to work according to
the advice of the Council of Ministers. Thus, the Governor enjoys wide powers to decide the discretionary powers.

26
 Despite repeated efforts by the Governors themselves, jurists, constitutional experts and distinguished political
leaders, no definite principles were laid down as to how the Governor should conduct.

Council of Ministers (state)

The Indian Constitution embodies the executive powers of the state in the Governor, but the Governor is actually a
constitutional head. In the exercise of his powers, the State Council of Ministers assists and advises him. The head of the
Council of Ministers is the Chief Minister of the state.
The Governor first appoints the Chief Minister and then in consultation with him appoints other ministers. The
Governor appoints a person to be Chief Minister who he believes will be able to have the support of a majority of the
members of the Legislative Assembly.
If a party has an absolute majority in the Legislative Assembly and elects its leader, the Governor has to appoint that
leader as the Chief Minister. If no one party has an absolute majority in the Legislative Assembly and two or more parties
together form a joint legislature party on the basis of a common program and elect a leader of their own, the Governor shall
appoint that leader as the Chief Minister.
The Governor then asks the Chief Minister for a list of the names of the persons whom he wishes to appoint as
ministers. The Governor has to appoint such persons, who have been recommended by the Chief Minister, to the post of
Minister.
There are three categories of ministers: 1. Cabinet Minister, 2. Minister of State and 3. Deputy Minister. The cabinet is
a small committee of ministers in which those ministers are appointed who have an important place in the party and who
hold important posts. Its meetings are held frequently and important decisions of the government are taken by it.
The cabinet minister is the head of one or more departments. There are two types of ministers of state. Some ministers
of state are given independent workload of their ministry and some ministers of state work under the supervision of a
cabinet minister. Whenever there is a consultation in the cabinet on any matter related to his ministry, the Minister of State
can be called in the said meeting of the cabinet.
The Deputy Minister works under the supervision of either a Cabinet Minister or a Minister of State. His main function
is to assist the Cabinet Minister or the Minister of State, as the case may be, in performing their functions.
The meeting of the entire Council of Ministers is held very rarely. Cabinet meetings are held frequently. All important
decisions are taken in cabinet meetings. But the responsibility of all those decisions is taken by the Council of Ministers. It
may happen that a minister may not agree with the decision of the cabinet but he cannot disclose it in public until he resigns
from the council of ministers. The Council of Ministers is collectively responsible to the Legislative Assembly.
This means that if no-confidence is expressed against any one minister, it will be treated as no-confidence against the
entire Council of Ministers. In such a situation all the ministers including the Chief Minister have to be deposed.
Members of both the Houses of the Legislature on the Council of Ministers, by asking questions, by asking
supplementary questions, by bringing adjournment motions, by giving notices to attract attention and on various
parliamentary committees, such as Public Accounts Committee, Estimates Committee, Government Assurance Committee,
Public Enterprises Committee , Privileges Committee, Conferred Legislation Committee etc.
All policy decisions related to administration are taken by the Council of Ministers. It also oversees the implementation
of all policy decisions. It plays an important role in the preparation of bills and getting them passed in the legislature so that
they become Acts. It prepares the budget and regulates the income and expenditure of the state government. In reality, the
Council of Ministers is the real governing body of the state.

The Chief Minister

The Chief Minister is the head of the State Council of Ministers. The Chief Minister is appointed by the Governor (Article
164). The Governor appoints the person as the Chief Minister, who has the support of the majority party in the State
Legislative Assembly, that is, the Chief Minister is the leader of the majority party in the State Legislative Assembly. It is also
necessary to follow such a tradition from the constitutional point of view as the Council of Ministers is collectively responsible

27
to the Legislative Assembly. This means that the Legislative Assembly can at any time by passing a motion of no confidence
against the entire Council of Ministers or any one Minister; compel the entire Council of Ministers to resign. So it is necessary
that only the person should be appointed as the Chief Minister of the State has a majority in the Legislative Assembly.
It is mandatory for the person who is appointed to the post of Chief Minister to be a member of the State Legislature.

Functions of the Chief Minister:

The Chief Minister is the head of the state government. There is no area of administration of the State which is outside
the control of the Chief Minister. His important powers are as follows:-
• Formation of the Council of Ministers: The ministers of the Council of Ministers are appointed by the Governor in
accordance with the advice of the Chief Minister. It is also the task of the Chief Minister to decide which person is to be
made a cabinet minister, who is to be a minister of state and who is to be a deputy minister. The Chief Minister also has
the right to expand his Council of Ministers.

• Division of Departments: Constitutionally, the Chief Minister is free to divide the departments as no restriction has been
imposed on him by the Constitution, but in practice, he divides the departments keeping in view the qualifications and
political importance of the members. The Chief Minister can also make changes in the portfolios of his ministers.

• Reconstitution of the Council of Ministers: The Chief Minister can also reconstitute the Council of Ministers. If a minister
does not agree with the policy of the Chief Minister, the Chief Minister can ask him to resign and if the Minister refuses
to resign, the Chief Minister can get him removed.

• Chairman of the Council of Ministers: The Chief Minister is the head of the Council of Ministers. He presides over the
meetings of the Council of Ministers; it is the right of the Chief Minister to fix the dates of the meetings and to prepare
the agenda for it.

• Link between the Governor and the Council of Ministers: It is the constitutional duty of the Chief Minister to inform the
Governor about the decisions of the Council of Ministers (Article 167). . Therefore, the Chief Minister acts as a link
between the two.

• Leader of the State Legislature: The Chief Minister is considered not only the leader of the Council of Ministers but also
the leader of the State Legislature. Due to the support of the majority in the Legislative Assembly of the Chief Minister,
the Legislature cannot make any law against his will. The Chief Minister announces important decisions in the
Legislature. The Chief Minister decides the program of the Legislative Assembly along with the Speaker. The decision to
adjourn and dissolve the Legislative Assembly is also taken by the Chief Minister.

• Chief Adviser to the Governor: The Chief Minister advises the Governor in every matter related to governance. According
to the Constitution, the Governor does not take the advice of the Chief Minister when he acts as a representative of the
Central Government. In other cases the Governor acts only on the advice of the Chief Minister.

• Appointments: The Governor makes all the important appointments in the state according to the advice of the Chief
Minister.
Therefore, the Chief Minister is the real ruler of the state.
Position of the Chief Minister
The Chief Minister enjoys a unique position in the Council of Ministers. He selects the other ministers. Whenever a
difference of opinion arises between the Chief Minister and the Minister on any subject, that Minister has to obey the Chief
Minister. The Chief Minister can ask for resignation from any minister. If he does not resign, the Governor can remove him
from the Council of Ministers on the advice of the Chief Minister.
The Chief Minister presides over the meetings of the Council of Ministers. He conveys the decisions of the Council of
Ministers to the Governor. Whenever the Governor wants to convey something to the Council of Ministers, he does this work
only through the Chief Minister. The Chief Minister is the main spokesperson of the government. Thus, it is clear that the

28
Chief Minister is highly powerful as compared to other ministers. But the Chief Minister is not omnipotent. While forming
his Council of Ministers, he has to keep in mind many things, such as, representation of different sections of the society,
different geographical regions and different thought groups of the party.
As a result of all these things, the choice of the Chief Minister becomes very limited in the selection of ministers.
Broadly speaking, it can be said that about half the members in the Council of Ministers are those who are wanted by the
Chief Minister and about half are those whom the Chief Minister has to take as he has no other option. This is the reason
why the Chief Minister is said to be the first among his counterparts. This means that all the ministers are equal but the chief
minister gets the first place among them.

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