MAXFORT SCHOOL-ROHINI

CLASS –XI
SUBJECT- POLITICAL SCIENCE
CH- EXECUTIVE

VICE-PRESIDENT OF INDIA
Article 63of the Indian Constitution provides for a Vice President elected by both houses of
the Parliament.
Mr. Venkaiah Naidu is the Vice President of India.

1.QUALIFICATION
1. He should be a citizen of India
2. He should be at least 35 years of age
3. He should be eligible for becoming a member Rajya Sabha
4. He must not hold any office of profit under the Government of India or the
Government of any State or under any local or other authority subject to the control
of any of the said Government.

2.TENURE
Tenure of the Vice-President:
1. The Vice-President holds office for a term of five years from the date on which he enters
upon his office.
2. He may be writing under his hand and addressed to the President resign his office.
3. The Vice-President can be removed from his office by a resolution of Council of States
passed by a majority of all the then members of the Council of States and agreed to by the
House of the People.
4. The Vice-President can be re-elected.

3.ELECTION
1.The Vice-President is elected indirectly.
2. He is elected by the members of an electoral college consisting of the members of both
Houses of Parliament in accordance with the system of proportional representation by
means of the single transferable vote.
3. The voting at such election is by secret ballot.
4. The Vice-President shall not be a member of either House of Parliament.
5. For resolving disputes and doubts relating to the election of the Vice-President the
Supreme Court has the final and exclusive jurisdiction.

4.FUNCTIONS
1. He is the ex-officio Chairman of Rajya Sabha.
2. He presides over the sessions of the Rajya Sabha and has the right of casting vote in the
case of an equality of votes.
3. In the event of the occurrences of any vacancy in the office of the President by reason of
his death, resignation or otherwise, the Vice-President shall act as President until a new
President is elected and enters upon his office.
4. When the President is unable to discharge his functions owing to absence, illness or any
other cause, the Vice-President shall discharge his functions until the date on which the
President resumes his duties.
5. When the Vice-President acts as the President, he gets the emoluments of the President
and enjoys all the powers and immunities of the President.

Vice-Presidents of India Tenure

Dr. Sarvepalli Radhakrishnan 1952-1967

Dr. Zakir Husain 1962-1967

Shri Varahagiri Venkata Giri 1967-1969

Shri Gopal Swarup Pathak 1969-1974

Shri B. D. Jatti 1974-1979

Mohammad Hidyatullah 1979-1984

Shri R Venkataraman 1984-1987

Dr Shankar Dayal Sharma 1987-1992

Shri K. R. Narayanan 1992-1997

Shri Krishan Kant 1997-2002

Shri Bhairon Singh Shekhawat 2002-2007

Mohd. Hamid Ansari 2007-2017

Venkaiah Naidu 2007 to till date

PRIME MINISTER OF INDIA: REAL EXECUTIVE

The Prime Minister of India is the head of the executive branch of the Government of India.
His position is distinct from that of the President of India, who is the head of the State. As
India follows a parliamentary system of government modelled after the Westminster
system, most of the executive powers are exercised by the Prime Minister. He acts as an
advisor to the President and is the leader of the Council of Ministers. The President appoints
the Prime Minister of India and on his advice, appoints the Council of Ministers. The Prime
Minister can be a member of either the Lok Sabha or the Rajya Sabha.
1. Election Process of Prime Minister
The Constitution states that the President of India should appoint the leader of the party or
alliance which is in majority in the Lok Sabha as the Prime Minister of India. In case no party
or alliance enjoys majority, the President appoints the leader of the largest party or alliance
as the Prime Minister. But he has to win the confidence vote in the Lower House of the
Parliament as early as possible. A member of either the Lok Sabha or the Rajya Sabha can be
appointed as the Prime Minister. If he is not a member of either House of the Parliament
then he has to be elected to either House within six months of his appointment. As the
Prime Minister, he is the Leader of the House of which he is a member.
2. Term and Retirement Age of Prime Minister
Unlike the President, the Prime Minister does not have a fixed tenure. The full term of the
Prime Minister is five years, which coincides with the normal life of the Lok Sabha. However,
the term can end sooner if he loses the vote of confidence in the Lower House. So, it can be
said that he remains in power as long as he enjoys the confidence of the Lok Sabha. The
Prime Minister can also resign by writing to the President.

There are no term limits on the office of the Prime Minister. There is also no official
retirement age.

3. Eligibility Criteria to become Prime Minister of India

 To be eligible for the position of the Prime Minister of India, a person should:

• Be a citizen of India.
• Be a member of either the Lok Sabha or the Rajya Sabha.
• Complete 25 years of age if he is a member of the Lok Sabha or 30 years if he is a
member of the Rajya Sabha.
• A person cannot be the Prime Minister of India if he holds any office of profit under
the Government of India, the government of any state, or any local or other
authority subject to the control of any of the said governments.
4. Salary of Prime Minister of India
According to Article 75 of the Constitution of India, the salary of the Prime Minister is
decided by the Parliament and revised from time to time. The monthly pay and allowances
of the Prime Minister of India was Rs. 1,60,000 (US $2,600).

5. Powers and Functions of Prime Minister

1.Link between President and Council of Ministers:

The Prime Minister is the leader of the Council of Ministers and serves as the channel of
communication between the President and the Council of Ministers. It is his duty to
communicate to the President all the decisions taken by the Council of Ministers and to
provide information regarding administration of the Union or proposals for the legislature as
called for by the President.

2.Allocation of Portfolios:
He allocates portfolios among the ministers and distributes work among various ministries
and offices. The Prime Minister coordinates work among various ministries and
departments through the Cabinet Secretariat.

3.In-Charge of Ministries:
Prime Minister also retains certain portfolios that are not allocated to other ministers. He is
generally in charge of the following ministries/departments:

• Ministry of Personnel, Public Grievances and Pensions

• Ministry of Planning
• Department of Atomic Energy
• Department of Space
• Appointments Committee of the Cabinet

4. Link between the Parliament and the Cabinet:

The Prime Minister is also the link between the cabinet and the Parliament. He is the chief
spokesperson of the government in the Parliament, along with the leader of the party in
majority in the Lok Sabha. It is his responsibility to announce important policy decisions. The
Prime Minister can also intervene in debates of general importance in the Parliament to
clarify the government’s stand or policy. The Prime Minister summons and presides over
meetings of the cabinet and determines what business shall be transacted in these
meetings.

5.Leader of the Council of Ministers:

As far as the Prime Minister’s relation to the Council of Ministers is concerned, his position
is that of “First among Equals”. In the case of death or resignation of the Prime Minister, the
entire Council of Ministers has to resign. The ministers directly report to the Prime Minister.
He can also remove a minister by asking for his resignation or having him dismissed by the
President. If any difference of opinion arises between the Prime Minister and any other
minister, the opinion of the Prime Minister prevails.
6.Leader of the Parliament:
The Prime Minister is the Leader of the House to which he belongs. He can also take part in
debates in the House of which he is not a member. He can also advise the President to
dissolve the Lok Sabha.

7. Prime Minister and Foreign Relations

In international affairs, he is the spokesperson of the country.He represent india on all
important international forums and Conferences. The Prime Minister plays a major role in
directing India’s foreign policy. The Prime Minister represents India in various delegations,
high-level meetings and international organisations and also addresses the nation on
various occasions of national importance.

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime Minister
is treated at a much higher pedestal. His preeminence rests on his commanding position in
the Cabinet, coupled with fact that he is the leader of the majority party.
During the period of the Congress rule, the Prime Minister was usually the President of his
party and the major campaigner in the elections. All these positions of power when
combined in one person make him rank much above an ordinary Minister. The death or
resignation of the Prime Minister automatically brings about the dissolution of the Council
of Ministers. It generates a vacuum. The demise, resignation or dismissal of a Minister
creates only a vacancy which the Prime Minister may or may not like to fill. The Government
cannot function without a Prime Minister but the absence of a Minister is easily tolerated
and compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship both Prime
Minister and the President share with each other. The articles are:
• Article 74
• Article 75
• Article 78

Articles Relationship between Prime Minister and the President

74 Mentions how the Prime Minister and President are both connected with the council of
ministers. The Council with PM as head advise President on various issues.

75 Mentions three things:

• President appoints PM and other ministers are appointed by the President on the
advice of the PM.
• Ministers hold their office during the pleasure of the President.
• Council of Ministers is collectively responsible to the Lok Sabha.

78 PM communicates all decisions made by the council of members to the President. President
can also refer issues for the consideration of the council of members.

List of Prime Ministers of India

Since independence in 1947, India has had 15 different Prime Ministers till now. There have
been many outstanding leaders from different political parties who held India’s top post.
Some of them served a complete five-year term while others governed the nation for more
than five years. With Narendra Modi as the present Prime Minister, let’s take a look at the
legacy left behind by the Prime Ministers of India since 1947.

Name Took office Left office Party

 Bharatiya
Shri. Narendra Modi May 30, 2019 Incumbent
Janata Party

Bharatiya
Shri. Narendra Modi May 26, 2014 May 24, 2019
Janata Party

Indian
Dr. Manmohan Singh May 22, 2004 May 26, 2014 National
Congress

Bharatiya
Shri Atal Bihari Vajpayee Mar 19, 1998 May 22, 2004
Janata Party

Shri Inder Kumar Gujral Apr 21, 1997 Mar 19, 1998 Janata Dal

Shri H. D. Deve Gowda Jun 1, 1996 Apr 21, 1997 Janata Dal

Bharatiya
Shri Atal Bihari Vajpayee May 16, 1996 Jun 1, 1996
Janata Party

Shri P. V. Narasimha Rao Jun 21, 1991 May 16, 1996 Congress (I)

Shri Chandra Shekhar Nov 10, 1990 Jun 21, 1991 Janata Dal (S)

Shri Vishwanath Pratap Singh Dec 2, 1989 Nov 10, 1990 Janata Dal

Shri Rajiv Gandhi Oct 31, 1984 Dec 2, 1989 Congress (I)

Smt. Indira Gandhi Jan 14, 1980 Oct 31, 1984 Congress (I)

Shri Charan Singh Jul 28, 1979 Jan 14, 1980 Janata Party

Shri Morarji Desai Mar 24, 1977 Jul 28, 1979 Janata Party

Smt. Indira Gandhi Jan 24, 1966 Mar 24, 1977 Congress

Shri Gulzari Lal Nanda Jan 11, 1966 Jan 24, 1966 Congress

Shri Lal Bahadur Shastri Jun 9, 1964 Jan 11, 1966 Congress

Shri Gulzari Lal Nanda May 27, 1964 Jun 9, 1964 Congress

Shri Jawaharlal Nehru Aug 15, 1947 May 27, 1964 Congress

COUNCIL OF MINISTERS
Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of
Ministers. Where article 74 mentions that the council will be headed by the Prime Minister
of India and will aid and advise the President, article 75 mentions the following things:
• They are appointed by the President on the advice of Prime Minister
• They along with the Prime Minister of India form 15% of the total strength of the
lower house i.e. Lok Sabha. (The number cannot exceed 15%)
• 91st Amendment Act provided for the disqualification of the minister when he
stands disqualified as a member of Parliament.
• A Minister ceased to exist as one if he is not a member of either house of Parliament
for six consecutive months.
• Parliament decides the salary and allowances of the council of ministers.

Collective Responsibility of the Council of Ministers

 The framers of our Constitution considered it fit to incorporate the system in the
Constitution. The principle of collective responsibility finds a place in Art. 75(3) where it is
stated that the Council of Ministers shall be collectively responsible to the Lok Sabha. In
other words, this provision means that a Ministry which loses confidence in the Lok Sabha is
obliged to resign. The loss of confidence is expressed by rejecting a Money Bill or Finance
Bill or any other important policy measure or by passing a motion of no-confidence or
rejecting a motion expressing confidence in the Ministry. When a Ministry loses the
confidence of the Lok Sabha the whole of the Ministry has to resign including those
Ministers who are from the Rajya Sabha. The Ministers fall and stand together. In certain
cases, the Ministry may advise the President to dissolve Lok Sabha and call for fresh
elections.

Types of Ministers
The Indian Constitution does not categorize ministers into ranks, however, in practice seen
in India, ministers are of four types:
1. Cabinet Ministers—He is present and he participates in every meeting of the
Cabinet.
2. Minister of State with independent charge—He is a Minister of State who does not
work under a Cabinet Minister. When any matter concerning his Department is on
the agenda of the Cabinet, he is invited to attend the meeting.
3. Minister of State—He is a Minister who does not have independent charge of any
Department and works under a Cabinet Minister. The work to such Minister is
allotted by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister
of State with independent charge. His work is allotted by the Minister under whom
he is working.

Powers and Functions:

1. The main function of the Council of the Ministers is to aid and advice the President.
2. The Council of Ministers determines the legislative programme of the Union and uses
its initiative in the introduction and passage of Government legislation.
3. The Council of Ministers prepares the budget of the Union Government and moves
demand for grants.
4. The foreign policy of India is formulated by the Council of Ministers and the
emergency powers of the President are mostly exercised by the Ministers.
Council of Ministers

DIFFERENCE BETWEEN COUNCIL OF MINISTERS AND CABINET

S.No. Council of Ministers Cabinet
1. Ministers are divided in three It includes the cabinet ministers only
categories i.e. cabinet ministers, hence it is a part of the council of
ministers of state, and deputy ministers.
ministers.
2. It does not meet, as a body, to It meets, as a body, frequently and
transact government business. It has usually once in a week to deliberate and
no collective functions. take decisions regarding the transaction
of government business. Thus, it has
Collective functions.
3. It is vested with all powers but in It exercises, in practice, the powers of
theory. the council of ministers and thus, acts for
the latter.
4. Its functions are determined by the It directs the council of ministers by
cabinet. taking policy decisions which are binding
 on all ministers.
5. It implements the decisions taken by It supervises the implementation of its
the cabinet. decisions by the council of ministers.
6. It is a constitutional body, dealt in It was inserted in Article 352 of the
detail by the Articles 74 and 75 of the Constitution in 1978 by the 44th
Constitution. Its size and classification Constitutional Amendment Act. Thus,
are, however, not mentioned in the originally it was not mentioned in the
Constitution. Its size is determined by original constitution. Now also, Article
the prime minister according to the 352 only defines the cabinet saying that
exigencies of the time and it is ‘the council consisting of the prime
requirements of the situation. minister and other ministers of cabinet
rank appointed under Article 75’ and
does not describe its powers and
functions.
7. It is collectively responsible to the It enforces the collective responsibility of
Lower House (Lok Sabha) of the council of ministers to the Lower
the Parliament. House (Lok Sabha) of Parliament.
8. It is a wider body consisting of 60 to It is a smaller body consisting of 15 to 20
70 ministers of the government. ministers.
Cabinet Ministers
1. Shri Amit Shah Ministry of Home Affairs
2. Shri Raj Nath Singh Ministry of Defence
Shri Nitin Jairam 1. Ministry of Road Transport and Highways
3.
Gadkari 2. Ministry of Micro, Small and Medium Enterprises
Shri D.V. Sadananda
4. Ministry of Chemicals and Fertilizers
Gowda
Smt. Nirmala 1. Ministry of Finance
5.
Sitharaman 2. Ministry of Corporate Affairs
1. Ministry of Agriculture & Farmers Welfare
Shri Narendra Singh 2. Ministry of Rural Development
6.
Tomar 3. Ministry of Panchayati Raj
4. Ministry of Food Processing Industries
1. Ministry of Law and Justice
Shri Ravi Shankar
7. 2. Ministry of Communications
Prasad
3. Ministry of Electronics and Information Technology
Shri Thaawar Chand
8. Ministry of Social Justice and Empowerment
Gehlot
Dr. Subrahmanyam
9. Ministry of External Affairs
Jaishankar
Shri Ramesh Pokhriyal
10. Ministry of Education
'Nishank'
11. Shri Arjun Munda Ministry of Tribal Affairs
1. Ministry of Women and Child Development
12. Smt. Smriti Zubin Irani
2. Ministry of Textiles
13. Dr. Harsh Vardhan 1. Ministry of Health and Family Welfare
 2. Ministry of Science and Technology
3. Ministry of Earth Sciences
1. Ministry of Environment, Forest and Climate Change
14. Shri Prakash Javadekar 2. Ministry of Information and Broadcasting
3. Ministry of Heavy Industries and Public Enterprises
1. Ministry of Railways
2. Ministry of Commerce and Industry
15. Shri Piyush Goyal
3. Ministry of Consumer Affairs, Food and Public
Distribution
Shri Dharmendra 1. Ministry of Petroleum and Natural Gas
16.
Pradhan 2. Ministry of Steel
Shri Mukhtar Abbas
17. Ministry of Minority Affairs
Naqvi
1. Ministry of Parliamentary Affairs
18. Shri Pralhad Joshi 2. Ministry of Coal
3. Ministry of Mines
Dr. Mahendra Nath
19. Ministry of Skill Development and Entrepreneurship
Pandey
20. Shri Giriraj Singh Ministry of Animal Husbandry, Dairying, and Fisheries
Shri Gajendra Singh
21. Ministry of Jal Shakti
Shekhawat

STATE EXECUTIVE IN INDIA

The state executive of Indian Polity is also a part of the political executive that comprises
three important posts:

1. Governor
2. Chief Minister & Council of Ministers
3. Advocate-General of State

THE GOVERNOR
The Governor is the head of a state just like the President is the head of the republic. The
Governor is the nominal head of a state, while the Chief Minister is the executive head. All
executive actions of the state are taken in the name of the Governor. However, in reality he
merely gives his consent to the various executive actions. He or she is devoid of taking any
major decisions. The real powers in the executive dealings of a state rest with the Chief
Minister and the Council of Ministers.

According to an amendment in the Constitution of India, brought about in 1956, the same
person can be the Governor of two or more states. Apart from the governors in the states,
Lieutenant governors are appointed in Union Territories of Delhi, Andaman Nicobar Island
and Pudducherry. All other union-territories are governed by an Administrative Head (an IAS
officer). The only exception is Chandigarh. The governor of Punjab is also the lieutenant
governor of Chandigarh.

The powers of the Lieutenant Governor of a union-territory are equivalent to the powers of
a Governor of a state in India. Both are appointed by the President of India for a term of 5
years.
Eligibility Criteria
As per the Constitution of India, the following are the eligibility criteria for the appointment
of the Governor in a particular state:
 ➢ He or she must be a citizen of India.
➢ He or she must have completed 35 years of age.
➢ He or she must not hold any other office of profit.
➢ He or she must not be a member of the Legislature of the Union or of any other
state. There is no bar to the selection of a Governor from amongst the members of
the Legislature, provided that on appointment, he or she immediately ceases to be a
Member of the Legislature.

Salary of the Governor

The monthly salary of a Governor is Rs 1,10,000, as specified in the Governor’s
(Emoluments, Allowances and Privileges) Act of 1982. The Governor is also entitled to
certain benefits and allowances, which shall not be diminished during his office term of five
years.

Facilities for the Governor

In addition to the monthly salary, the Governor is entitled to a number of special facilities
such as medical facilities, residence facilities, traveling facilities, reimbursement of phone
and electricity bills, and many other allowances. The Governor is provided an official
residence free of rent. The Governor and his or her family is also provided free medical
attendance for life. A fixed amount of money is also allotted as the Governor’s traveling
expenses across the country.

Selection Process of the Governor

The Governor is not elected by the process of direct or indirect voting (like the Chief
Minister, the Prime Minister or the President). The Governor of a particular state is
appointed directly by the President of India, for a period of five years. The Governor must
meet all the eligibility criteria enumerated above, to be appointed by the President.

Term of the Governor

A governor of a state in India holds office for a period of five years, but it is subject to
termination earlier if:
➢ The Governor is dismissed by the President, at whose pleasure he holds the office. In
reality, the President is advised by the Prime Minister of the country, who decides
the dismissal of the Governor of a state, usually on the grounds of gross delinquency
namely corruption, bribery and violation of the Constitution.
➢ The Governor resigns from his post. There is no retirement age of the Governor, as
he or she stays in office for a fixed term. There is no provision for a Governor to be
impeached from office, unlike that of a President.

Pension of the Governor

A Governor of a particular state is entitled to a fixed pension, as per the Constitution of
India. In August 2013, a Bill for hike in pension for the Governor was initiated. Besides a
fixed pension, a Governor is also entitled to emoluments such as secretarial allowances and
medical benefits for life.

The Residence of the Governor

As the Governor is the nominal head of a particular state in India, he or she is entitled to
reside in the Raj Bhavan of that state, during his or her term of office. Like the President of
India who resides in the Rashtrapati Bhavan in Delhi, each state has a Raj Bhavan, which is
allotted to the Governor and his family. The Governor must vacate the Raj Bhavan on the
expiry of his or her term of office.

Powers of Governor
With every job, there are powers attached. The powers of the Governor are conferred by
the Constitution to enable him/her to perform his/her functions effectively as a Head of the
State. The powers of the Governor can be categorized as
(i) executive powers,

(ii) legislative powers,

(iii) financial powers,

(iv) judicial powers, and

(v) discretionary powers.

(a) Executive Powers:

The Constitution of India vests the entire executive powers of the State in the Governor who
performs these functions according to the aid and advice of the Council of Ministers with
the Chief Minister as its head. He/ She appoints the Chief Minister and other members of
the Council of Ministers. He/She also appoint persons on important posts such as the
Chairpersons and Members of the State Public Service Commission, State Election
Commission, State Finance Commission and the Advocate General, Judges of the courts,
other than the High Court. He/She is consulted when the Judges of the State High Court are
appointed by the President. But in practice, the Governor’s powers are only formal. He
appoints only that person as Chief Minister who is the Leader of the majority in the
Legislative Assembly. He/She appoints Members of the Council of Ministers only on the
advice of the Chief Minister. All other appointments are made and executive functions are
performed by him/ her exactly as per the advice of the Council of Ministers.

(b) Legislative Powers:

The Governor is an inseparable part of the State Legislature and as such he/she has been
given certain legislative powers. He/ She has the right to summon and prorogue the State
Legislature and can dissolve the State Legislative Assembly. He/She addresses the State
Legislative Assembly or the joint sessions of the two houses of the legislature. He/She may
nominate one person of the Anglo-Indian community as a member of the Legislative
Assembly in case the community is not represented. He/She also nominates one-sixth of the
members to the Legislative Council, if the State has a bicameral legislature. Once again, in
real practice, the Governor does all this on the recommendations of the Council of Ministers
headed by the Chief Minister. A bill passed by the State Legislature becomes a law or Act
only when the Governor gives assent to it.

(c) Financial Powers:

You must have read in the newspapers that every year the budget is presented by the
government in the Legislature for its approval. In fact, the budget i.e. ‘the Annual Financial
Statement’ of the State is prepared and presented by the State Finance Minister before the
State Legislature, on behalf of the Governor. Moreover, no money bill can be introduced in
the State Legislature without the recommendations of the Governor. He/She also has
control over the State Contingency Fund.

(d) Judicial Powers:

The following are the judicial powers and functions of the Governor:

He has the following pardoning powers against punishment:

Pardon
Reprieve
Respite
Remit
Commute
President consults the Governor while appointing judges of High Court
In consultation with the state High Court, Governor makes appointments, postings, and
promotions of the district judges
In consultation with the state high court and state public service commission, he also
appoints persons to the judicial services.

(e) Discretionary Powers:

As we have seen earlier, the Governor acts on the advice of the State Council of Ministers.
This means that in reality, the Governor has no powers. But according to the Constitution,
under special circumstances, he/ she may act without the advice of the Council of Ministers.
Such powers, which are exercised by the Governor on his own, are called discretionary
powers. Firstly, if no political party or coalition of parties wins a clear majority in the
Legislative Assembly, he/she can exercise his/her discretion in inviting a person to be the
Chief Minister. Secondly, the Governor acts as a link between the Centre and the State.
He/She can reserve any bill passed by the State Legislature for the consideration of the
President of India. Thirdly, if he/she thinks that the government of the State is not
functioning according to the Constitution, he/she can report to the President. In that case
under Article 356, the President’s Rule is imposed, the State Council of Ministers is removed
and the State Legislature is dissolved or put under suspension. During such an emergency,
the Governor rules on behalf of the President.

Relationship between the Governor and the Council of Ministers

As we have seen above, the State executive consists of the Governor, the Chief Minister and
the Council of Ministers. Normally, the Governor exercises all his/her powers on the advice
of the Council of Ministers.

We know that when the Chief Minister is sworn in, the Governor simply performs a formal
duty. He/She invites the leader of the majority in the State Legislative Assembly to be sworn
in as the Chief Minister.

The members of the Council of Ministers are also appointed by the Governor on the
recommendations of the Chief Minister. The majority can consist of members of the
Legislative Assembly belonging to one party or a group of parties and independents.

However, when there is no clear majority in the House electing one candidate as its leader,
the Governor can exercise his/her discretionary power. Similarly, although theoretically, the
Ministers hold their offices during the pleasure of the Governor, in practice the Chief
Minister and the Council of Ministers remain in office till they enjoy the support of the
majority in the Legislative Assembly.

The Governor can dismiss them only when the President’s Rule is imposed. The Chief
Minister is required to communicate to the Governor all the decisions of the Council of
Ministers.

He/She may call for necessary information related to the state administration. If a Minister
individually makes a decision, the Governor may ask the Chief Minister to place such a
matter for consideration of the Council of Ministers. It is true that the Governor is a nominal
head and the real powers are exercised by the Council of Ministers headed by the Chief
Minister.

But it will not be correct to say that the Governor is just a constitutional or ceremonial head.
He/ She can exercise his/her powers effectively under certain circumstances, especially
when there is political instability in the State.
Since he/she is a link between the Centre and the State, he/she becomes very effective, if
the central government sends directions to the State government. The discretionary powers
also make the Governor act as a real executive in particular circumstances.

THE CHIEF MINISTER

The Chief Minister is appointed by the governor. Art. 164 of the Constitution provides that
there shall be a Council of Ministers with the Chief Minister at its hand to aid and advise the
governor.

Once the election to the Legislative Assembly is over the task of forming the government
begins. The party with the majority in the Legislative Assembly (Vidhan Sabha) is entitled to
form the government. It is upon his recommendation that ministers are appointed.
However, some of the important powers and functions of the Chief Minister are as under:

Powers and Functions of the Chief Minister:

The Chief Minister holds a pivotal position in the working of the State Government. He has
enormous powers and vast responsibilities.

1. To Aid and Advice the Governor:

The Chief Minister is the link between the Cabinet and the Governor. It is he who
communicates to the Governor all decisions of the Council of Ministers. He has to furnish
such information relating to the administration of the State as the Governor may call for.

The Governor can submit to the consideration of the Council of Ministers any matter on
which decision has been taken by a Minister but which has not been considered by the
Council of Ministers.

The Governor appoints a large number of top officials of the State. He also summons and
prorogues the sessions of State Legislature. All such powers are exercised by the Governor
on the advice of the Chief Minister. The Chief Minister, however, has no right to give advice
to the Governor in relation to the functions which he exercises in his discretion.

2. The Chief Minister is at the Head of the Council of Ministers:

As Head of the State Cabinet, the Chief Minister enjoys the following powers:

(i) Formation of the Ministry:

The other Ministers are appointed by the Governor on the advice of the Chief Minister. The
Chief Minister has a free hand in preparing the list of his colleagues. The Governor may
suggest the names of the persons to be included in the Ministry, but he cannot insist upon
any person to be included in the Ministry. Assigning departments or portfolios to the
Ministers is done by the Governor on the advice of the Chief Minister.

(ii) Removal of Ministers:

The Ministers hold office during the pleasure of the Governor. This, however, does not
mean that the Governor can dismiss his Ministers at his will. The Government is in fact
dependent on the Chief Minister. Therefore, the Chief Minister can reconstruct his Ministry
as and when he likes. He may ask anyone of his colleagues to resign. If he declines, he will
be dismissed by the Governor.

(iii) The Chief Minister Presides over the Meetings:

As Chairman of the Cabinet, the Chief Minister has a position which enables him to impose
his decision. It ‘is he who controls the agenda for the Cabinet meetings. It is for the Chief
Minister to accept or reject proposals for Cabinet discussion.

(iv) Co-ordinates the Working of various Departments:

The Chief Minister supervises and co-ordinates policies of the several Ministers and
Departments. Several ministries are involved in the formulation and implementation of a
policy.

The Chief Minister must bring these activities into reasonable relationship with one-
another. In matters of public order, roads and bridges agriculture, land revenue and
production, supply and distribution of goods, he plays a special role in directing the policy of
the Government.

3. The Chief Minister is the Leader of the House:

The Chief Minister is the leader of the State Legislative Assembly. All principal
announcements of policy are made by him. The Chief Minister intervenes in debates of
general importance. He can appease an angry House by promising immediate relief or
concessions when needed.

Position of the Chief Minister

The Chief Minister’s position is pre-eminent in the State governmental system. In practice,
his position will be imposing only when his party commands a clear majority in the State
Legislature.

When it is a coalition government, it becomes difficult to safeguard the principle of

collective responsibility also. Much of the time and energy of the Chief Minister will, in that
case, be wasted on keeping his team united and sufficiently disciplined.

THE COUNCIL OF MINISTERS(STATE LEVEL)

The Constitution of India provides for a parliamentary system of government at the state
level. The Governor acts as the constitutional and nominal executive head of the state. The
real executive powers are in the hands of the State Council of Ministers headed by the Chief
Minister. The Constitution provides for each state a Council of Ministers with the Chief
Minister as its head for aiding and advising the Governor in the exercise of his functions.
However, in reality the Chief Minister and his Council of Ministers act as the real executive
in the State.

1. Formation of the State Council of Ministers

The procedure for the formation of the Council of Ministers at the state level is the same as
in the case of the Union Council of Ministers. After each general election, the party or the
group which secures majority in the State Legislative Assembly elects its leader. The
Governor then summons him to form the ministry.

In other words, the leader of the majority in the State Legislative Assembly is appointed as
the Chief Minister who selects his team of ministers. He submits the list to the Governor
who formally appoints them as ministers. Normally, all ministers are taken from the
members of the state legislature.

However, the Chief Minister can appoint even a non-member of the Assembly as a minister.
But such a person has to secure a seat in the state legislature within a period of six months
from the date of his appointment as minister. In case he fails to do so, he has to resign his
minister-ship.
The strength of the State Council of Ministers cannot be more than 15% of the strength of
State Legislative Assembly. Orissa Assembly has 147 members. As such the maximum
strength of Orissa Council of Ministers can be 22.

2. Categories of Ministers in the State Council of Ministers:

(a) Cabinet Ministers:

Cabinet Ministers are those ministers who are given cabinet rank. They hold independent
charge of the important departments, like finance, Local Bodies, home affairs, health etc.
They together determine the policies of the state. The CM and the cabinet ministers
together constitute the State Cabinet. It is the most powerful part of the State Council of
Ministers.

(b) Ministers of State:

They enjoy number two status in the Ministry. They do not attend the meetings of the
Cabinet. They help the cabinet ministers and are attached to them in their departments.
Currently, several Parliamentary Secretaries are appointed by the Chief Minister from
amongst his party MLAs.

It is done to please them without violating legal condition which limits the maximum size of
the state ministry to 15% of the total strength of State Legislative Assembly. The
Parliamentary Secretaries do not get any salary. However, they enjoy some parks and
perform some functions for the departments to which they are attached.

3. Tenure

Theoretically the ministers hold office during the pleasure of the Governor. It means so long
as they continue to have a majority support in the State Legislative Assembly. In fact they
hold office during the pleasure of the Chief Minister. The Chief Minister can ask any minister
to resign and his desire is always fulfilled by the concerned minister. If he resists, the Chief
Minister can advise the Governor to dismiss him. The Governor always accepts such an
advice. The Chief Minister can cause the fall of the ministry by tendering his own resignation
to the Governor. As such virtually a minister holds office so long as he enjoys the confidence
of the Chief Minister.

4. Responsibility of State Council of Ministers to the State Legislative Assembly

The ministers are individually responsible to the State Legislature Assembly. In case the
latter passes a censure motion against a minister for any lapse in the working of his
department, he has to resign from office. A minister remains in office only so long as he
enjoys the confidence of majority in the State Legislative Assembly.

The State Council of Ministers is also collectively responsible before the State Legislative
Assembly. In case the latter passes a vote of no-confidence against the Council of Ministers
or against the Chief Minister or rejects any bill sponsored by the Ministry or rejects the
budget of the Government, or rejects any policy of the Government, or cuts the funds of the
state government, the entire Council of Ministers resigns. The Council of Ministers remains
in office so long as it enjoys the support and confidence of the majority in the State
Legislative Assembly.

5. Powers and Functions of the State Council of Ministers

The State Council of Ministers is the real executive of the state. It exercises vast executive
powers.
(a) Formulation of State Policies

The Council of Ministers in reality the state cabinet has the responsibility of formulating the
policies of the state. All the policies are discussed and decided upon the State Cabinet (Not
by the entire Council of Ministers.)

(b) Running of Administration

The State Council of Ministers runs the state administration. The ministers are responsible
for this work. They do so in accordance with the policies of the government as approved and
passed by the state legislature. Their duty is to see and ensure that the administration of the
state is run in accordance with these policies. Each minister has one or more departments
under his control and he is responsible for the administration of these.

(c) Co-ordination Function

The State Cabinet is also responsible for securing co-ordination in the working of various
governmental departments. It has the responsibility to resolve conflicts and deadlocks
between various departments. All the ministers are committed to follow the decisions of
the cabinet.

(d) Appointment-making Powers

The Cabinet makes all important appointments in the state. The appointments of the
Advocate General, Vice Chancellors or Pro-Vice Chancellors (as in case of Punjab) of the
Universities in a state, Chairman and members of the State Public Service Commission,
Chairmen of various Corporations and Boards, etc., are all made by the Governor on the
advice of the Chief Minister and his Council of Ministers.

(e) Role in Law-making

Law-making is the function of the state legislature but the ministers plays a key role in this
sphere. It is the ministry which really decides the legislative agenda. Most of the bills, nearly
95%, are introduced and piloted by the ministers in the state legislature. The bills moved by
the ministers are mostly passed by the legislature because the ministry enjoys the support
of the majority. A private member bill has little chance of getting passed, unless it is
supported by the ministry.

When the state legislature is not in session, the Council of Ministers can satisfy the need for
law-making by getting ordinances issued from the Governor. These ordinances have the
force of law and can be got converted into laws from the State Legislature when it comes
into session. The Governor, summons, prorogues and dissolves the state legislature upon
the advice of the Chief Minister and his Council of Ministers. Thus, the Council of Ministers
plays an important role in law-making process.

(f) Financial Functions

The Council of Ministers manages the finances of the state. The Cabinet really determines
the fiscal policies of the state. It formulates and implements all developmental policies and
plans. It manages the finances of the state in accordance with the policies and budget as
prepared by the State Council of Ministers and approved by the state legislature.

6. Position of the State Council of Ministers

As the real executive, the State Council of Ministers enjoys a dominant and powerful
position. It “is the strongest and the most powerful institution in the state. It really runs the
state administration by exercising all the powers vested in the Governor of the state.
However, in an emergency under Article 356, the Governor runs the administration of the
state independently and without the help and presence of State Council of Ministers.

ADVOCATE GENERAL OF STATE

Article 165 deals with the Advocate General for the State and Article 177 deals with the
rights of Ministers and Advocate General as respects the Houses.

The Advocate General is the highest law officer in the state. He is responsible to assist the
state government in all its legal matters. He defends and protects the interest of the state
government. The office of the Advocate General in state corresponds to the office of
Attorney General of India.

The Governor of each State shall appoint a person who is qualified to be appointed as a
Judge of a High Court to be Advocate General for the State.

Appointment and Term of Office

The Governor appoints the Advocate General of the state. The person who is appointed
should be qualified to be appointed a judge of a high court. That means, he should be a
citizen of India and should have held a judicial office for ten years or been an advocate of a
high court for ten years.

The constitution does not provide for fixed tenure to the Advocate General. So, he holds
office during the pleasure of the governor of the state concerned. He can be removed by the
governor at any time. There is no procedure or ground mentioned in the constitution for his
removal.

The Advocate General receives such remuneration as the governor may determine. The
constitution has not fixed the remuneration of the Advocate General.

Duties and Functions

Below are the duties and functions of the Advocate General:

(1) He gives advice to the government of the state upon such legal matters, which are
referred or assigned to him by the governor.

(2) He performs such other duties of a legal character that are referred or assigned to him
by the governor.

(3) He discharges the functions conferred on him by or under the Constitution or any other
law.

Rights

Following are the rights of the Advocate General:

(1) In the performance of his official duties, he has the right of audience in any court in the
State.
(2) He has the right to speak or to take part in the proceedings of state legislature, but
without a right to vote.

(3) He has the right to speak or to take part in the meeting of any committee of the state
legislature of which he is named as a member, but without a right to vote.

(4) He enjoys all the privileges and immunities that are available to a member of the state
legislature.

PERMANENT EXECUTIVE: BUREAUCRACY

Bureaucracy or the Civil Service constitutes the permanent and professional part of the
executive organ of government. It is usually described as the non-political or politically
neutral, permanent, and professionally trained civil service.

It runs the administration of the state according to the policies and laws of the government
political executive. Upon the qualities and efficiency of bureaucracy depends the quality and
efficiency of the state administration. It, however, works under the leadership and control
of the Political Executive.

The terms bureaucracy, civil service, public servants, public service, civil servants,
government service, government servants, officials of government, officials, permanent
executive and non-political executive are used to describe all such persons who carry out
the day to day administration of the state. The terms Bureaucracy’ and ‘Civil Service’ are
popularly used as synonyms.

Narrow and Broad uses of the term Bureaucracy

In a narrow sense the term Bureaucracy is used to denote those important and higher level
public servants who occupy top level positions in the state administration. In the broad
sense, it refers to all the permanent employees of the government right from the peons and
clerks to the top level officials. Presently, we use the term in its broader dimension.

DEFINITIONS:

(1) “Bureaucracy means the civil servants, the administrative functionaries who are
professionally trained for the public service and who enjoy permanency of tenure,
promotion within service-partly by seniority and partly by merit.” -Garner

(2) “In its broad larger sense the term Civil Service is used to describe any personnel system
where the employees are classified in a system of administration composed of a hierarchy,
sections, divisions, bureaus, departments and the like.” -Willoughby

(3) “Civil Service/Bureaucracy is a professional body of officials permanent, paid and

skilled.” -Finer

Bureaucracy: Main Features:

1. Permanent Character:
The civil servants hold permanent jobs in government departments. They mostly join their
services during their youths and continue to work as government servants till the age of
retirement which is usually 58 to 60 years.

2. Hierarchical Organisation:
Bureaucracy is hierarchically organised in several levels. Each official is placed at a particular
level of hierarchy and he enjoys the privileges and powers which are available to his co-level
officials. He is under his immediate higher level officials and is above his immediately lower
level officials. The principle of rule of the higher over the lower governs the inter-relations
between various levels of bureaucracy.

3. Non-partisan Character:
The members of the Bureaucracy are not directly involved in politics. They cannot join
political parties and participate in political movements. They are not affected by the political
changes which keep on coming in the political executive. Whichever party may come to
power and make the government, the civil servants remain politically neutral and carry out
their assigned departmental roles impartially and faithfully.

4. Professional, Trained and Expert Class:

The Bureaucracy constitutes the educated and professionally trained class of persons which
helps the political executive in carrying out its functions. The members of civil service are
recruited through competitive examinations for appearing in which they have to possess
some minimum educational qualifications. Before their appointments, they get special
trainings. During the course of their service they attend orientation and refresher courses.
They have the knowledge, training and expertise necessary for carrying out their
administrative work.

5. Fixed Salaries:
Each member of the Bureaucracy receives a fixed salary. Right at the time of appointment
he is allotted a scale of pay, which depends upon the nature and level of his job-
responsibility. All the civil servants belonging to a particular class of administrative hierarchy
are placed in one scale of pay. Each job also entitles them to some allowances.

6. Bound by Rules and Regulations:

The Bureaucracy always works in accordance with ‘rules and regulations’. ‘Strict obedience
to rules’, ‘Through Proper Channel’, ‘Decision-making after satisfying the rules’, are the
principles which always guide, direct and regulate the working of bureaucracy. Each official
works only within the sphere prescribed for him by the rules of his department.

7. Class Consciousness:

The Civil Servants are highly class conscious. They jealously work to protect and promote the
interests of their class of civil servants. They are called the white-collar class because of their
faith in their ‘superior status’ as government officials.

8. Public Service Spirit as the Ideal:

Modern Bureaucracy identifies itself with public service spirit. It always tries to project itself
as the civil servants devoted to the promotion of public welfare through the satisfaction of
public needs. They are expected to behave as ‘officers’ responsible for public welfare, with
service as their motto.

9. Bound by a Code of Conduct:

The civil servants have to follow a code of conduct. They have to act in a disciplined way.
Their rights, duties and privileges stand clearly defined. The procedure of work is definite
and settled. They can be punished for misbehavior, incompetence or negligence or for a
violation of their conduct rules. In short, Bureaucracy is characterised by political neutrality,
professional competence, permanent/ stable tenure, fixed salaries and strict obedience to
rules.

10. Based on Equality

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 and other backward classes. 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.

Role of Bureaucracy: Functions:

Bureaucracy or Civil Service plays a key role in running the Public Administration e by
performing the following functions:

1. Implementation of Governmental Policies and Laws:

It is the responsibility of the bureaucracy to carry out and implement the policies of the
government. Good policies and laws can really serve their objectives only when these are
efficiently implemented by the civil servants.

2. Role in Policy-Formulation:

Policy-making is the function of the political executive. However, the Bureaucracy plays an
active role in this exercise. Civil Servants supply the data needed by the political executive
for formulating the policies. In fact, Civil servants formulate several alternative policies and
describe the merits and demerits of each. The Political Executive then selects and adopts
one such policy alternative as the governmental policy.

3. Running of Administration:

To run the day to day administration in accordance with the policies, laws, rules, regulations
and decisions of the government is also the key responsibility of the Bureaucracy. The
political executive simply exercises guiding, controlling and supervising functions.

4. Advisory Function:

One of the important functions of the Bureaucracy is to advise the political executive. The
ministers receive all the information and advice regarding the functioning of their respective
departments from the civil servants. As amateurs, the ministers have little knowledge about
the functions of their departments. They, therefore, depend upon the advice of
bureaucracy. As qualified, experienced and expert civil servants working in all government
departments, they provide expert and professional advice and information to the ministers.

5. Role in Legislative Work:

The civil servants play an important but indirect role in law-making. They draft the bills
which the ministers submit to the legislature for law-making. The ministers provide all the
information asked for by the legislature by taking the help of the civil servants.

6. Semi-judicial Work:
The emergence of the system of administrative justice, under which several types of the
cases and disputes are decided by the executive, has further been a source of increased
semi-judicial work of the bureaucracy. The disputes involving the grant of permits, licences,
tax concessions, quotas etc. are now settled by the civil servants.
7. Collection of Taxes and Disbursement of Financial Benefits:
The civil servants play a vitally important role in financial administration. They advise the
political executive in respect of all financial planning, tax-structure, tax-administration and
the like. They collect taxes and settle disputes involving recovery of taxes. They play a vital
role in preparing the budget and taxation proposals. They carry out the function of granting
of legally sanctioned financial benefits, tax reliefs, subsidies and other concessions to the
people.

8. Record-Keeping:
The Civil Service has the sole responsibility of keeping systematically all government
records. They collect, classify and analyse all data pertaining to all activities of the
government. They collect and maintain vital socio-economic statistics which are used for the
formulation of Public policies and plans.

9. Role in Public Relations:

The era of modern welfare state and democratic politics has made it essential for the
government to keep close relations with the people of the state. The need for maintaining
active and full public relations is a vital necessity of every state. The civil servants play an
active role in this sphere.

They are the main agents who establish direct contacts with the people. They serve as a two
way link. On the one hand, they communicate all government decisions to the people, and
on the other hand, they communicate to the government the needs, interests and views of
the people. Thus, Bureaucracy plays a vigorously active and highly important role in the
working of the government.

Union Public Service Commission

The first Public Service Commission was set up on October 1st, 1926. However, its limited
advisory functions failed to satisfy the people’s aspirations and the continued stress on this
aspect by the leaders of our freedom movement resulted in the setting up of the Federal
Public Service Commission under the Government of India Act 1935. Under this Act, for the
first time, provision was also made for the formation of Public Service Commission at the
provincial level. On 26th January, 1950, the Federal Public Service Commission was accorded
a constitutional status as an autonomous entity and given the title – Union Public Service
Commission.
According to Article 315 of the Indian constitution, there shall be a permanent UPSC (Union
Public Service Commission). This body will conduct exam to appoint candidates to different
posts of Indian Civil Services under the government of India. Article 315 to 323 of the Indian
Constitution deals with the appointment of UPSC members, functions and powers of UPSC.

Composition of UPSC
Composition- Article 316 deals with the appointment and term of office of members.
The UPSC comprises of a chairman and other members appointed by the president. One half
of the appointed members of the commission should have held office for at least ten years
either under the government of India or under the government of a state.
The president can appoint one of the members of the commission as an acting chairman
if:
(i) The office of the chairman of the commission becomes vacant; or
(ii) The chairman of the commission is unable to perform the duties of his office due to
absence or for any other reason.
Such a member functions as an acting chairman till a person appointed as chairman enters
on the duties of the office or till the chairman resumes his duties, as the case may be.

Tenure of Chairman and Members:

The chairman and members of the commission hold office for a term of six years or until
they attain the age of 65 years, whichever is earlier. The members can resign in between the
term by addressing their resignation to the president. They can also be removed by the
president following the procedure provided in the constitution.

Functions of UPSC
1. The UPSC conducts examination for All-India Services Central Services and Public
Services for different Indian states and Union territory
2. It helps the states in composing and implementing schemes of combined
recruitment for any services requiring special qualifications.
3. The UPSC serves the interests of the State on the demand of the Governor and with
the consent of the President of India.
4. The UPSC shall be consulted in the matters of :
1. Demands for compensation of legal express obtained by a civil servant in
defending proceeding instituted against him.
2. Matters relating to the interim appointments for a period exceeding one year
3. Matters of personnel management etc.
The Union Public Service Commission make suggestions which are advisory in nature. The
recommendations from UPSC are not binding on the government.

1. Indian Administrative Service (IAS)

This is one of the most coveted posts in the Civil Services, due to the prestige attached to it.
People in these posts are provided with amenities such as a house, servants, car, and their
living expenses are taken care of by the government.
IAS officers are responsible for the law and order, as well as the implementation of
government policies in day to day life.
2. Indian Foreign Service (IFS)
A life in the foreign service is all about becoming a Diplomat, travelling the world all the
while serving the nation. It may sound too good to be true, but Indian Foreign Services
offers you just that, and more.
3. Indian Police Service (IPS)
IPS Officers are the torchbearers of law and order in our country. With their intensive
training, knowledge, and the power vested in them by the state, they are responsible for
helping to run the country without chaos. After IAS, IPS is usually the preferred choice of
position for Civil Servants, due to their active role in the administration.
4. Indian Revenue Service (IRS)
Indian Revenue Service is the largest service among the central civil services. They dispense
one of the most important functions, i.e., the collection of taxes and other revenues for the
development of the economy.

POINTS TO BE REMEMBER
1. In a democracy, the Government is divided into three organs:
✓ Legislative
✓ The Executive
✓ The Judiciary
2. The legislature and the executive are interdependent in a parliamentary system. The
legislature frames the laws and the executive enforces them to run the
administration.
3. In such a manner, the legislature controls the executive and in turn it is controlled by
the executive.
4. Different types of executives are Parliamentary, Semi-Presidential, Presidential,
Monarchical or Ceremonial, etc.
5. A distinction can be made between the parliamentary and the presidential
executives.
6. In a parliamentary system, the real head of executive is the Prime Minister and the
President is the nominal head.
7. The Prime Minister is assisted by the Council of Ministers and advises the President.
8. The President enjoys the right to be informed of all important matters and
functioning of the council of ministers.
9. The Vice President is the ex-office Chairman of Rajya Sabha and acts for the
President when the office of the President falls vacant.
10. The council of minister is responsible collectively to the house of the people and it
shall not exceed 15% of total number of members of the house of the people.
11. The President appoints the Prime Minister who is the leader of the majority party in
the Lok Sabha.
12. The executive, thus, includes the Prime Minister, the ministers and large
administrative machinery. 13. The bureaucrats implement the decisions of ministers.
13. These bureaucrats are skilled and trained officers who work as a permanent
employees of the government and assist the government in formulating and
implementing the policies.