All You Need To Know About Union Executive
Introduction
The Union Executive is included in Chapter I of Part V of the Indian Constitution (Articles 52 to 78). The Union Executive's role in the Indian parliamentary system is extremely important.
The Union Executive
• The President, Vice-President, Council of Ministers, and Attorney-General make up the Union Executive.
• The leader of the state in whose name the executive powers are conferred but who does not exercise them is the President of the Union.
• They serve as the de jure head of the nominal or titular executive.
• At the union level, the Prime Minister and his council of ministers execute all the authority granted to the nominal executive. They serve as the de facto executive (chief).
The Head of State
• The executive branch of the Indian State is headed by the President. The executive power of the Union is vested in the President under Article 53 of the Indian Constitution and may be exercised by him directly or through officers who report to him in conformity with the constitution.
• He is the Armed Forces' Supreme Commander.
• He has the first rank under the warrant of precedence and is the first citizen of India.
• In his name, every executive decision is made.
Relationship Between The President And The Council Of Ministerial
• There was no clause in the Constitution that required the President to follow the Council of Ministers' advice prior to the 42nd Constitutional Amendment Act of 1976.
• It altered Article 74 and gave the President constitutional authority to rely on the Council of Ministers' recommendations.
• Article 74 was further modified by the 44th Constitutional Amendment Act of 1978 by the addition of a provision.
• The President may ask the Council of Ministers to reevaluate such advice, but the President is not required to follow the recommendations made following that reassessment.
Vice-President
• According to Article 63, there shall be a vice-president.
• S/he serves as the ex-officio Chairman of the Rajya Sabha/Council of State.
• In the event of the current President's death, resignation, or removal from office, s/he Acts as President (Article 65).
Prime Minister
• In addition to leading the Council of Ministers, the Prime Minister serves as the President of India's top advisor.
• If s/he is a member of the Lok Sabha, s/he must be 25 years old, or s/he must be 30 years old if s/he is a member of the Rajya Sabha.
• He must be the head of the political party with a majority in the Lok Sabha, however s/he may be a member of either of the two chambers of Parliament.
• All of the government's policies are coordinated by him.
• According to Article 75(1) of the Constitution, "the Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister."
• According to Article 78(a), the Prime Minister has a responsibility to inform the President of all Cabinet decisions pertaining to the management of Union matters and legislative proposals, as well as to provide any information the President may request.
Council of Ministers
• According to Article 74 of the Constitution, there shall be a Council of Ministers, headed by the Prime Minister, to assist and advise the President, who shall follow their recommendations when performing his duties.
• According to the 91st Constitutional Amendment Act of 2003, the total number of ministers, including the prime minister, in the Council of Ministers may not be more than 15% of all House of the People members.
• The President's pleasure governs the ministers' tenure in office.
• The Lok Sabha/House of the People is the body to whom the Council of Ministers is collectively answerable.
• The President administers the oath of office and secrecy to a minister before he assumes his position using the forms specified in the Third Schedule.
• The wages and benefits of ministers are as set forth in the Second Schedule until such time as Parliament declares otherwise by law, which it may do from time to time.
Term of Office of Council Of Ministers
• The President appoints ministers, who serve at his pleasure. The Prime Minister may at any time request the resignation of any minister, and that minister must comply.
• Any minister may be dismissed at the Prime Minister's discretion, and the President is obligated to heed his recommendations.
• A minister may serve in that capacity for a maximum of five years, or one full Lok Sabha term.
Qualification And Disqualification of Council Of Minister
• Ministers must be a Members of either House of Parliament.
• If someone who is not a member of either House of the Parliament is appointed as a minister, that person will lose their position after six months, unless they are required to run for election to one of the Houses of Parliament within that time frame.
• Additionally, a Member of Parliament who was expelled for defecting would not be qualified to serve as a minister. However, s/he will be qualified to hold the position of minister if s/he is elected once more in the upcoming, newly held Parliamentary election.
Attorney General
• The nation's top law enforcement official is the Attorney General.
• The position of Attorney General of India is established by Article 76 of the Constitution of India.
• On the recommendation of the government, the President appoints the Attorney General.
• The President has the authority to fire the attorney general.
Duties And Functions
• He is allowed to take part in any proceedings that take place in the House or Houses of Parliament.
• In any Indian court, s/he is entitled to an audience.
• S/He has access to all legislative privileges that are granted to Parliament members.
• S/He carries out any legal-related tasks that the President may entrust to him.
Conclusion
An essential component of Indian politics is the executive. In times of emergency, the executive's federal structure was changed to a unitary one, and the union executive was given complete control over the state executive.