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Prime Minister.

The powers and functions of the cabinet is as follows: 

1. Formulation of Policy: The primary responsibility of Cabinet is formulating the policy of the government. The decisions arrived at the Cabinet reflects the national and international outlook of the government. Before the start of the parliament session, the cabinet makes a list of bills to be placed before the house for consideration and approval. No minister can place any bill in the parliament without the approval of the cabinet.

The bills so placed before the parliament for approval must be strongly defended by the – cabinet. The members of parliament can comment, criticize, and seek clarifications, from the government on any bill. Thus, from shaping the policy to defending it, cabinet plays a key role.

2. Control over the Executive: All the ministers who are a part of the government belong to the executive. Each minister having assumed responsibility of a ministry is wholly responsible for any happening in that particular ministry. Hence all ministers must strive hard to implement the cabinet decisions. If any minister violates the cabinet decisions he may be fired for violating the party unity. The cabinet apart from the ministers also directs and supervises the activities of the civil service.

3. Control over the Finance: The cabinet is responsible to the income and expenditure incurred by the state, though the responsibility of the preparing the annual income expenditure statement the budget lies with the Finance minister. In order to ensure secrecy, the cabinet does not discuss the budget proposal.

Generally, the Prime minister also plays an important part in budget making, so the budget proposal are discussed between the Prime minister and the finance minister. The content of the budget are not made known to cabinet till the Finance minister’s budget speech. Once the budget is placed before the parliament, the cabinet can discuss and seek changes if necessary. Though the cabinet has the authority to reject the budget in its entirety, it is hardly done. Because it amounts to an insult to the government.

4. Co-ordination: To co-ordinate the activities of different ministries or departments and guide them is the responsibility of the cabinet. Generally, working of one department will have its effect on the other. For example if two ministries work out an ambitious project calling for huge investment, the feasibility of its has to be decided by the finance ministry which holds the purse. Under these circumstances the cabinet has to strike a balance between the two and release money on priority basis. To co-ordinate governmental activities there are Secretarial Committees at the ministerial level headed by the Cabinet Secretary. Under his chairmanship these committees suggest means of coordination.

5. Control over appointments: Generally, appointments do not come before the cabinet. But all major appointments such as the Governor, the Chiefs of Staff (army, navy, air force), Chief Election Commissioner, etc., are brought to notice of the cabinet before made public. The consent of the cabinet to these appointments is only a formality.

The Cabinet referred to as the ‘Wheel within a wheel’, ‘the magnet of policy’ is the most powerful decision making organ of the government. The Cabinet normally meets once in a week though it can meet whenever necessary, under the chairmanship of the Chief Minister. All decisions are taken based on debate and dialogue.

The Cabinet being the highest decision-making body, all ministers must abide by its decisions. In case of difference of opinion on a Cabinet decision, a minister must quit his post, as he is not allowed to criticize the cabinet decisions being a party to it.

The Cabinet makes decisions for the whole state. So, obviously, its work load and responsibilities are varied and diverse. In order to make things convenient Cabinet committees are formed. The committees such as Political Affairs Committee, Economic Affairs Committee, will look in to the respective departments and gather necessary information, which help in decision making. These committees may be temporary or permanent depending upon the task on hand.

1. Formulation of policy: The primary responsibility of cabinet is formulating the policy of the government. The decisions arrived at cabinet reflects the state’s outlook of the government. Before the start of Legislative assembly session, the cabinet makes a list of bills to be placed before the house for consideration and approval.

No minister can place any bill in the assembly without the approval of cabinet. The bills so placed before the legislature for approval must be strongly defended by the cabinet; the members of legislature can comment, criticize and seek clarifications from the government on any bill. Thus from shaping the policy to defending it, cabinet plays a key role.

2. Control over the executive: All the ministers who are a part of the government belong to the executive. Each minister having assumed responsibility of a ministry is wholly responsible for any happening in that particular ministry. Hence all ministers must strive hard to implement the Cabinet decisions. If any Minister violates the Cabinet decisions, he may be fired for violating the party unity. The cabinet apart from the ministers also directs and supervises the activities of the civil service.

3. Control over the finance: The cabinet is responsible for the income and expenditure incurred by the state, though the responsibility of preparing the annual income expenditure statement the budget lies with the Finance minister. In order to ensure secrecy, the cabinet does not discuss the budget proposal.

Generally, the Chief Minister also plays an important part in budget making, so the budget proposals are discussed between the Chief Minister and the finance minister. The content of the budget are not made known to cabinet till the Finance minister’s budget speech. Once the budget is placed before the state legislature, the cabinet can discuss and seek changes if necessary. Though cabinet has the authority to reject the budget in its entirety, it is hardly done. Because it amounts to an insult to the government.

4. Co-ordination: To co-ordinate the activities of different ministries or departments and guide them is the responsibility of the cabinet. Generally, working of one department will have its effect on the other. For example, if two ministries work out an ambitious project calling for huge investment, the feasibility of it has to be decided by the finance ministry which holds the purse. Under these circumstances, the cabinet has to strike a balance between the two and release money on a priority basis. To co-ordinate governmental activities there are Secretarial Committees at the ministerial level headed by the Cabinet Secretary. Under his chairmanship, these committees suggest means cc co-ordination.

5. Control over appointments: Generally, appointments do not come before the cabinet. But all major appointments such as the Governor are brought to notice of the cabinet before made public. The consent of the cabinet to these appointments is only a formality.

The total member of ministers shall not exceed 15% of the total number of members of the State Assembly.

Prime Minister.

Powers and functions of the president of India are as follows: 

In the Parliamentary government, the position of the President is that of a respectful figurehead, representing the honor and dignity of the people of India. It has become a fashion to label the President as “a rubber stamp’, the impression is that he does nothing but signing bills brought before him. But there are occasions that offer scope for independent decisions. When no party enjoys a majority, the power to appoint Prime minister rests with the President (Ar- tide 75).

In case of sudden demise of Prime minister, if the party fails to elect its leader, at the earliest, President may appoint a person of his choice as the Prime minister. Importantly, if a government loses majority and recommends for the dissolution of the house (Lok sabha), it is purely power of the President to dissolve the parliament or not (Article 85).

The powers and functions of the President are as follows: 

1.Legislative Functions: The legislative functions are detailed below.

1. To summon, prorogue and dissolve the Parliament. 

2. The President enjoys the power to address the Parliament. It is normally done after general elections or the first session of the year. It is generally called Presidential speech. This inaugural speech outlines the objectives and priorities of the government.

3. In passing the bills, if a deadlock arises due to non agreement between two houses of the parliament, the President may call for a joint session of both the houses. 

4. The President may address Lok sabha or Rajya sabha or both any time and also may send a message to both the houses of parliament to look into a bill. 

5. In the considered view of the President, if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate 12 members to Rajya Sabha and 2 members to Lok sabha. 

6. Prior permission of the President is essential while dealing with bills relating to the formation of new states, alteration of boundaries and some special bills like the finance bills. 

7. No bill can become a law without the assent of the President. He enjoys the power to withhold a bill. This power is called ‘Veto power’. However, he cannot refuse his assent for finance bills. But he can withhold assent for a non money bill. But if the same is resubmitted for signature even without changes, he cannot refuse to sign it.

8. The President enjoys the power of issuing Ordinance when the parliament is not in session. It will have the same power and effect similar to that of a law made by the Parliament provided the same is ratified by the Parliament within 6 weeks of its passage. Otherwise, it ceases to be a law and is considered null and void or zero.

The power and position of the Chief Minister is so powerful that he is referred to as “the first among equals’” (Primus intersperes). Article 164 of the constitution states that “there shall be a Council of ministers headed by the Chief Minister for the state”. The Chief Minister is elected from among the members of the majority party in Vidhana Sabha. In case no party enjoys majority it is left to the discretion of the Governor to pick the Chief Minister, who in his opinion will prove majority’ in a stipulated time. Traditionally, the Chief Minister should be from the Vidhana Sabha.

1.Formation of Ministry: The primary task of the Chief Minister on assuming office is the formation of the Council of ministers. Normally ministers are picked from the same political formation to ensure uniformity and continuity of policy. However, nothing prevents the Chief Minister from picking anyone as minister from any party. The Chief Minister enjoys the authority to pick and choose his ministry because he is responsible for the efficiency and performance of the government.

2. Allocation of Portfolios: After forming the ministry the next important task is the allocation of responsibilities to ministers. Certain key or heavy’ weight portfolios such as Home, Revenue, Finance, Industry, Public works are to be given to key and heavyweights who enjoy clout and following among party workers. Also to ensure efficiency and stability of the government. The Chief Minister enjoys the power of expanding and reforming the ministry.

3. Chairman of the Cabinet: The cabinet meetings are held under the chairmanship of the Chief Minister. The cabinet is a deliberating forum and differences may come up. It is the responsibility of the Chief Minister to mediate and soften things and arrive at decisions. The Chief Minister has the authority to decide the matters to be taken up by the cabinet and may accept or reject proposals. Normally the proposals brought by ministers for discussion are not rejected. In the era of coalition politics, it is a challenge for the Chief Minister to hold the flock together. It is very difficult to chair a cabinet meeting full of divergent views, ideologies and principles.

4. Leader of Vidhana Sabha: Chief Minister is the leader of Vidhana Sabha. All major decisions and announcements of the state government are made by the Chief Minister. It is the responsibility of the Chief Minister to ensure that all bills brought before Vidhana Sabha for approval are passed. And he has to defend the government on the floor of the house. Though ministers are individually responsible to their ministries, it is the Chief minister who provides general leadership and direction. If any minister makes a mistake, the Chief Minister has the power to guide and correct him.

5. Leader of the Government: The decisions of the government however good, are subjected to scrutiny and criticism. The opposition parties lose their identity if they do not criticize the government. So to guard against it, the Chief Minister, as leader of the government has to defend policies and programmes of the government both in and out of legislature.

6. Co-ordination and Supervision: In running the administrative machinery Chief Minister will have to encounter numerous problems ranging from routine to serious. Under the circumstances it is essential to integrate different departments and see that they work smoothly and the ability of the Chief Minister is tested on this count. A Chief Minister should not only pick a team but also retain it as a team till the end of the term. Whenever problems arise between departments, he has to mediate and sort it out amicably through dialogue and goodwill.

The Chief Minister is the general head of the government. Hence he has the responsibility of supervising the administration. Though each minister is in charge of a ministry, lack of general supervision results in poor administrative quality. To maintain quality in administration, the Chief Minister will have to supervise it, not only gives him a general feel of the administration but also makes the ministers more responsible. The Chief Minister may correct the working of a particular ministry and offer suggestions.

7. Bridge between the Governor and the State Legislature: The Chief Minister acts as a link between the Governor and state legislature in a parliamentary government. As all executive powers are vested in the hands of the Governor, the Chief Minister is duty bound to keep the Governor informed about the decisions taken by the government. Also, the Governor himself can call for any information from the government. The Chief Minister not only acts as a bridge but also as the advisor to the President. Whenever necessary’ the President will look forward for advice. For example, the Governor seeks the advice of the Chief Minister before dissolving Vidhana Sabha.

8. Power of Dissolution: The Vidhana sabha exists as long as the Chief Minister wishes because even before the expiry of 5 years term, Chief Minister may seek the dissolution of Vidhana Sabha. The Vidhana Sabha may be dissolved if deep differences surface within the government or within the ruling party or the government loses a motion of no confidence.

9. Power of Appointment: Though civil appointments are made by the Governor, it is based on the recommendation of the Chief Minister.

The functions of the Chief Minister is so powerful that he is referred to as “the first among equals” (Primus intersperes). Article 164 of the constitution states that “there shall be a Council of ministers headed by the Chief Minister for the state”. The Chief Minister is elected from among the members of the majority party in Vidhana Sabha. In case no party enjoys majority it is left to the discretion of the Governor to pick the Chief Minister, who in his opinion will prove majority in a stipulated time. Traditionally, the Chief Minister should be from the Vidhana Sabha.

1. Formation of Ministry: The primary task of the Chief Minister on assuming office is the formation of the Council of ministers. Normally ministers are picked from the same political formation to ensure uniformity and continuity of policy. However, nothing prevents the Chief Minister from picking anyone as minister from any party. The Chief Minister enjoys the authority to pick and choose his ministry because he is responsible for the efficiency and performance of the government.

2. Allocation of Portfolios: After forming the ministry the next important task is the allocation of responsibilities to ministers. Certain key or heavyweight portfolios such as Home, Revenue, Finance, Industry, Public works are to be given to key and heavyweights who enjoy clout and following among party worker. Also to ensure efficiency and stability of the government. The Chief Minister enjoys the power of expanding and reforming the ministry.

3. Chairman of the Cabinet: The cabinet meetings are held under the chairmanship of the Chief Minister. The cabinet is a deliberating forum and differences may come up. It is the responsibility of the Chief Minister to mediate and soften things and arrive at decisions. The Chief Minister has the authority to decide the matters to be taken up by the cabinet and may accept or reject proposals. Normally the proposals brought by ministers for discussion are not rejected. In the era of coalition politics, it is a challenge for the Chief Minister to hold the flock together. It is very difficult to chair a cabinet meeting full of divergent views, ideologies and principles.

4. Leader of Vidhana Sabha: Chief Minister is the leader of Vidhana Sabha. All major decisions and announcements of the state government are made by the Chief Minister. It is the responsibility of the Chief Minister to ensure that all bills brought before Vidhana sabha for approval are passed. And he has to defend the government on the floor of the house. Though ministers are individually responsible to their ministries, it is the Chief Minister who provides general leadership and direction. If any minister makes a mistake, the Chief Minister has the power to guide and correct him.

5. Leader of the Government: The decisions of the government however good, are subjected to scrutiny and criticism. The opposition parties lose their identity if they do not criticize the government. So to guard against it, the Chief Minister, as leader of the government has to defend policies and programmes of the government both in and out of legislature.

6. Coordination and Supervision: In running the administrative machinery Chief Minister will have to encounter numerous problems ranging from routine to serious. Under the circumstances it is essential to integrate different departments and see that they work smoothly and the ability of the Chief Minister is tested on this count. A Chief Minister should not only pick a team but also retain it as a team till the end of the term. Whenever problems arise between departments, he has to mediate and sort it out amicably through dialogue and goodwill.

The Chief Minister is the general head of the government. Hence he has the responsibility of supervising the administration. Though each minister is in charge of a ministry, lack of general supervision results in poor administrative quality. To maintain quality in administration, the Chief Minister will have to supervise it, not only gives him a general feel of the administration but also makes the ministers more responsible. The Chief Minister may correct the working of a particular ministry and offer suggestions.

7. Bridge between the Governor and the State Legislature: The Chief Minister acts as a link between the Governor and state legislature in a parliamentary government. As all executive powers are vested in the hands of the Governor, the Chief Minister is duty-bound to keep the Governor informed about the decisions taken by the government.

Also, the Governor himself can call for any information from the government. The Chief Minister not only acts as a bridge but also as the advisor to the President. Whenever necessary the President will look forward for advice. For example, the Governor seeks the advice of the Chief Minister before dissolving Vidhana sabha.

8. Power of Dissolution: The Vidhana sabha exists as long as the Chief Minister wishes because even before the expiry of 5 years term, Chief Minister may seek the dissolution of Vidhana sabha. The Vidhana sabha may be dissolved if deep differences surface within the government or within the ruling party or the government loses a motion of no confidence.

9. Power of Appointment: Though civil appointments are made by the Governor, it is based on the recommendation of the Chief Minister.

The Vice-President of the Indian Union is elected by members of an electoral college consisting of members of both the Houses of Parliament.

When there is a hung parliament, two or more parties join together to get the working majority and form the government.

The Constitution of India provides for a Vice-President of India. The term of his office is five years. The Vice-President is ex-officio chairman of Rajya Sabha. He officiates as President in the absence of President.

Prime Minister.

As organ which enforce the laws and implement the policies of the government is called executive. It is a 2nd organ of the government.

The total member of ministers shall not exceed 15% of the total number of members of the Loksabha.

The power of the executive to issue orders when the parliament is not in session is called as Ordinance. In India the President enjoys the power of issuing Ordinance when the parliament is not in session. It will have the same power and effect similar to that of a law made by the Parliament provided the same is ratified by the Parliament within 6 weeks from the date of the ordinance. Otherwise, it ceases to be a law and is considered null and void or zero.

The power of the President to send back the bill passed by the legislature when it is sent to President’s approval.

Elected members of both the houses of parliament and elected members of all the state assemblies in the country participate in the election of the president of India.

The Prime Minister and his Council of Ministers remain in power so long as they continue to enjoy the confidence of majority members of the Parliament.

The power of the legislature to remove the ministers is called the power of no-confidence motion.

It means in Parliamentary executive, executive is responsible to the legislative. The Prime Minister and Council Ministers are collectively responsible and answerable to the legislature.

Jammu and Kashmir.

It is not chosen by legislature. The people directly elect him and he is not responsible to the legislatue. Best example: President of USA.

The president of India is elected by the electoral college which consists of the elected member of the both houses of parliament and elected members of the state assemblies and the union territories.

The candidature for the election of president is to propose by atleast 50 members. Rs. 15,000 has to be deposited by the presidential candidate in the Reserve Bank, the election of the president is held in accordance with the system of proportional representation by means of single transferable vote. The voting takes place by secret ballet system. In the presidential election, the total number of votes cast of member of parliament equals the total member of votes cast by state legislators.

The voters voting in this election should suggest their preferences by writing the members before the name of the candidates in their preferential order. The candidate who secures the required quoto will be elected as a president and shall take oath of office before the chief justice of the Supreme Court.

Prime Minister.

In a parliamentary executive, executive is the part of legislature.

1. Rule implementation: Rulemaking and rule implementation are two faces of the same coin. Good the laws, if not properly implemented has no relevance. The executive plays an important role in reaching the laws to the people.

2. Concept of welfare state: Modem states are welfare states involving in every sphere of human activity. With ever widening scope of the government activity, the role of the executive has also increased many-fold. 

3. Symbol of national prestige: The executive reflects the prestige of a nation. A resourceful and visionary executive can work wonders for people and the country.

The executive is the most important organ of Government No state can exist without the executive. It occupies a pivotal position in a governmental organisation.

Government or Civil Servants are permanent executives. They are appointed On the basis of merit. They don’t belong to any political party. They continue in office till their age of retirement.

There are 4 types : 

1. Nominal and Real Executive 

2. Single and Plural Executive. 

3. Political and Permanent. 

4. Parliamentary and Non-parliamentary Executive.

The power of the President to pass laws when the Parliament is not in session is called ordinance.

Execution of laws is the primary function of executive.

Political executive is an elected executive. It changes from time to time. They come and go whereas, administrative or permanent executive are appointed by the government.

It implies Civil Service, Government officials in Civil Service.

The President can be removed from office for grave misconduct by a special trial conducted by Parliament is called impeachment.

The term of the Vice President of India is 5 years.

The Cabinet is referred to as the ‘wheel within a wheel’, ‘the magnet of policy’ and the most powerful decision making organ of the government. The Cabinet normally meets once in a week though it can meet whenever necessary, under, the chairmanship of the Prime minister. All decisions are taken based on debate and dialogue. The Cabinet makes decisions for the whole nation. Its workload and responsibilities are varied and diverse.

In order to make things, convenient cabinet committees are formed. The committees such as, Foreign Affairs Committee, Defense Committee, Political Affairs Committee, Economic Affairs Committee, will look into the respective departments and gather necessary information, which helps in decision making. These committees may be temporary or permanent depending upon the task on hand.

In single, the power will be in the hands of one individual, e.g. President of the USA. In a plural executive, the final authority rests in the body of individuals, e.g. Collegiate executive in the USSR.

The President is the administrative head of the State and orders are executed in his name.

Article 53 clearly states that ‘the executive powers of the State must be vested in the hands of the President’.

1. All accords and agreements carried out on behalf of the Government of India is done in the name of the President. 

2. The President has the power to call for any information from the government. 

3. The President appoints the Prime minister and the Council of the minister on the recommendation of the Prime minister. 

4. The highest constitutional functionaries such as Comptroller and Auditor General (CAG), Chief Election Commissioner (CEC), Chief Vigilance Commissioner (CVC) are appointed by the President. 

5. The member of the Union Public Service Commission (UPSC). National Human Right Commission (NHRG), Backward Class Commission (BCC) and National Commission for Women (NCW) are appointed by the President. 

6. The President enjoys the power of removing highest constitutional functionaries. 

7. The President can call for reports from Scheduled Castes and Scheduled Tribes Commission, Linguistic Minorities Commission (LMC), Backward Class Commission (BCC) and other commissions.

The President is die administrative Head of the State and orders are executed in his name. Article 53 clearly states that ‘the executive powers of the State must be vested in the hands of the President’.

1. All accords and agreements carried out on behalf of the Government of India is done in the name of the President. 

2. The President has the power to call for any information from the government. 

3. The President appoints the Prime minister and the Council of the minister on the recommendation of the Prime minister. 

4. The highest constitutional functionaries such as Comptroller and Auditor General (CAG), Chief Election Commissioner (CEC), Chief Vigilance Commissioner (CVC) are appointed by the President. 

5. The member of the Union Public Service Commission (UPSC), National Human Rights Commission (NHRC), Backward Class Commission (BCC) and National Commission for Women (NCW) are appointed by the President.

6. The President enjoys the power of removing the highest constitutional functionaries. 

7. The President can call for reports from Scheduled Castes and Scheduled Tribes Commission, Linguistic Minorities Commission (EMC), Backward Class Commission (BCC) and other commissions.

Qualifications: 

• Must be a citizen of India 
• Must have attained the age of 35 years 
• Must have attained all qualifications that of a member of Lok sabha. 
• Should not hold an office of profit – national, state or local. 
• Should not be of unsound mind or an insolvent or bankrupt 
• Should abide by the constitution.

President appoints the Chiefs of defence forces in India.

Governor appoints Chief Minister of a state.

The President appoints the Council of Ministers with the advice of the Prime Minister. Governor appoints the Council of Ministers in a state with the advice of the Chief Minister.

President appoints the Chief Justice of India.

The executive is the second important branch of the government. It enforces the laws enacted by the legislature.

Chief Minister.

He is the leader of the majority party and Chairman of the State Council of Ministers. He occupies a position in the state very similar to that of the Prime Minister.

Governor supervises in the introduction of budget. He can give assent to the demand for grants.

It consists of senior ministers holding cabinet rank. It is a small group, which meets regularly.

The President of India.

The Governor is executive head of State. He is appointed by President of India. He is constitutional head of State and hence exercises his powers on advice of his Council of Ministers.