📌 Snapshot
- Who really runs India: the President, the Prime Minister or the civil servants? Powers explained for CUET.
- The three types of executive, why India chose the parliamentary system and what Article 74(1) means in practice.
- The President's three discretions, the Vice-President, collective responsibility and the 91st Amendment cap.
- The permanent executive: how civil servants are recruited, why they must be neutral and who controls IAS and IPS.
📖 Detailed Notes
Written and reviewed by Subhra Gupta, Humanities faculty at UniDrill (M.A. Sociology, University of Delhi · 7 years teaching Humanities). Based on NCERT Political Science Class XI (Indian Constitution at Work), Chapter 4.
Who is really in charge: the person who signs or the person who decides?
Every law that Parliament passes becomes an Act only when the President signs it. Every Prime Minister is sworn in by the President. Yet no one says the President runs the country. This chapter explains the gap between who holds power on paper and who uses it, and why the Constitution built the system that way. If you can explain that gap, you can answer most questions on this chapter.
What the executive is
Government has three organs. The legislature makes laws, the judiciary interprets them and the executive carries them out. In practice the executive also takes the lead in framing policy, because it has the information and the machinery.
The executive itself has two parts, and CUET likes to test the difference.
| Feature | Political executive | Permanent executive |
|---|---|---|
| Who | Heads of government and the ministers | Civil servants (the bureaucracy) |
| How they get the job | Elected, directly or indirectly | Recruited through exams (UPSC and State PSCs) |
| Tenure | Changes with elections | Stays until retirement |
| Role | Overall responsibility for policy | Day to day administration and advice |
| Expected attitude | Accountable to the voters | Politically neutral |
Three types of executive
Different countries answer the question "who heads the state and who runs the government?" in different ways.
| Type | Head of State and Head of Government | Examples | Key feature |
|---|---|---|---|
| Presidential | The President is both | USA, Brazil, most of Latin America | The President holds executive power directly and is not chosen by the legislature |
| Parliamentary | A President or monarch is the formal head of state; the Prime Minister is head of government | India, UK, Germany, Italy, Japan, Portugal, Canada | The PM is answerable to the legislature |
| Semi presidential | A President and a Prime Minister both exist, and the President has real powers | France, Russia, Sri Lanka | Executive power is shared |
Two refinements help in match the column questions. Canada is a parliamentary democracy with a constitutional monarchy: the monarch is the formal head of state while the PM governs. In Germany the President is ceremonial and the Chancellor is the head of government.
Beyond the textbook. For the exam: Sri Lanka introduced an executive presidency in 1978, with a directly elected President who can be removed only through Parliament by a two thirds majority. In reality: the details of the Sri Lankan system have been amended since then. The term of the President, which the textbook gives as six years, has since been shortened to five. Why it matters: if an exam question cites the six year term, answer from the textbook; if it is a current affairs question, expect the revised rule.
Why India chose the parliamentary system
Indians had practical experience of a limited form of parliamentary government under the Acts of 1919 and 1935. The framers were also wary of a presidential system, where a single powerful person could develop a personality cult. They wanted an executive that the legislature could control and remove if it lost the confidence of the people's representatives.
The result: at the Union level the President is the formal head of state and the Prime Minister and Council of Ministers are the real executive. The States copy this: the Governor is the formal head and the Chief Minister and Council of Ministers are the real executive.
Two views. For the exam: India chose the parliamentary system for accountability and because of the experience of Acts of 1919 and 1935. Another reading: scholars point out the trade off. Supporters of the parliamentary system say it makes the government answerable to the elected House every day and allows a quick change of government. Supporters of a presidential system argue that a fixed term gives more stability and that a President directly chosen by the people can govern without needing to keep a coalition together. The framers weighed both options and chose answerability.
The President
How the President is elected. Indirectly, for five years, by an electoral college of elected Members of Parliament and elected Members of the State Legislative Assemblies, using proportional representation with the single transferable vote. This means a President is chosen by representatives and not directly by voters. The President can be removed before the end of the term only through impeachment by Parliament for violating the Constitution.
How much real power? Article 74(1) says there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, and the President shall act in accordance with that advice. Through the 42nd and 44th Amendments, the President can ask the Council to reconsider its advice once, but must accept the advice it gives the second time.
Why this arrangement exists. The Prime Minister and ministers are elected by the people and answerable to the Lok Sabha. If the President could overrule them, an unelected office would hold the real power. Article 74(1) makes sure that the elected side makes the decisions and the President represents the whole state.
The President's three discretions. Even so, there are three situations where the President has some room for personal judgment.
| Situation | What the President can do | Limit |
|---|---|---|
| Advice from the Council of Ministers | Send it back for reconsideration | Only once; the reconsidered advice is binding |
| A bill passed by Parliament (not a Money Bill) | Withhold assent or return it for reconsideration | If Parliament passes it again, the President must sign. No time limit is fixed for acting, which allows a pocket veto |
| A hung Lok Sabha, where no party or alliance has a clear majority | Use judgment in choosing the Prime Minister | Must invite the person most likely to command a majority |
The pocket veto in a sentence. The Constitution does not say how long the President may take to decide on a bill. So a bill can be left unsigned indefinitely: it is neither approved nor rejected. In 1986 President Zail Singh did this with the Indian Post Office (Amendment) Bill.
The hung Lok Sabha in a sentence. In 1998 no party or alliance had a clear majority. President K. R. Narayanan insisted that the leader invited to form the government show that he had the support of a majority before he was sworn in as Prime Minister.
Pause and predict: the Council of Ministers sends the President advice, the President asks for it to be reconsidered, and the Council sends back the same advice. Must the President accept it? What if he asks again?
Check your answer: Yes, he must accept it, and he cannot ask a second time. Article 74(1) and the amendments allow only one request for reconsideration.
The Vice-President
| Feature | President | Vice-President |
|---|---|---|
| Electoral college | Elected MPs and elected MLAs | Members of both Houses of Parliament only |
| Term | Five years | Five years |
| Removal | Impeachment by Parliament for violating the Constitution | Resolution of the Rajya Sabha agreed to by the Lok Sabha |
| Other role | Head of state | Ex officio Chairman of the Rajya Sabha; acts as President only until a new President is elected |
The standard example of an acting President is B. D. Jatti, who held the office in 1977 after the death of President Fakhruddin Ali Ahmed.
The Prime Minister and the Council of Ministers
Appointment. The President appoints the Prime Minister, who must be a leader with the support of the majority in the Lok Sabha. The other ministers are appointed on the Prime Minister's advice. The Prime Minister decides each minister's rank (Cabinet, Minister of State or Deputy Minister) and portfolio.
The six month rule. A person who is not a member of either House can be made a minister or Prime Minister, but must be elected to Parliament within six months.
The 91st Amendment, 2003. Before this, a Prime Minister or Chief Minister could keep a majority by offering ministerial posts to as many supporters as needed. The amendment limits the whole Council of Ministers, including the Prime Minister, to 15% of the total membership of the Lok Sabha. States have the same cap in relation to the strength of the Assembly.
| Question | Answer |
|---|---|
| What is capped? | The size of the Council of Ministers |
| At what level? | 15% of Lok Sabha members (and of Assembly members for States) |
| Which amendment? | 91st, 2003 |
| Why? | To stop support being bought through ministerial posts |
Collective responsibility. The Council of Ministers is collectively responsible to the Lok Sabha. In practice:
| Event | Result |
|---|---|
| A no-confidence motion passes against one minister | The whole Council must resign |
| One minister resigns, dies or is dismissed | Only a vacancy arises |
| The Prime Minister dies or resigns | The Council dissolves |
| The Rajya Sabha criticises the government | The government continues, because it is not answerable to that House |
The principle means ministers must back each other in public, once a decision is made in the Council. If a minister disagrees strongly, the honourable course is to resign. Jawaharlal Nehru called the Prime Minister the linchpin of the government, the link joining the Council of Ministers, the President and Parliament. The Prime Minister must also tell the President every decision of the Council.
Cause and effect: coalitions. When no party wins a majority on its own, the leader who becomes Prime Minister has to bargain with allies. That has made the PM more of a negotiator and widened the room for the President's judgment in a hung House. It also made the cap on ministers necessary, because bargaining often means ministerial posts.
The permanent executive: the bureaucracy
Ministers come and go, but the Ministry carries on. That is the role of the permanent executive: trained civil servants who assist ministers in framing and carrying out policy.
| Feature | Detail |
|---|---|
| Recruitment | UPSC for All India and Central services, State Public Service Commissions for State services |
| Expected attitude | Politically neutral: serve whichever government is in office |
| Representation | Reservations for SC, ST, OBC, women and economically weaker sections |
| IAS and IPS | Appointed by the Centre, serve in the States, and only the Centre can take disciplinary action against them |
| Accountability tool | Right to Information makes the bureaucracy more answerable |
Why the Centre controls IAS and IPS. These services serve in the States but are common to the whole country. Central control keeps a uniform standard, and also gives the Centre a link into State administration.
Two views. For the exam: civil servants must be politically neutral and serve any government. Another reading: writers on public administration debate what neutrality means. Some argue that neutrality does not require indifference: an elected government is entitled to expect officers to carry out its programme faithfully. Others warn that if officers become committed to a particular political line, the neutrality that protects citizens is lost. The textbook position is neutrality, and that is the one to give in an exam.
Timeline and key terms
| Year | Event | Why it mattered |
|---|---|---|
| 1919 and 1935 | Acts giving limited representative government | Gave Indians experience of the parliamentary form |
| 1977 | B. D. Jatti acts as President | Example of the Vice-President acting |
| 1978 | Executive presidency in Sri Lanka | Example of a semi presidential system |
| 1986 | Indian Post Office (Amendment) Bill | Example of the pocket veto |
| 1998 | Hung Lok Sabha | President's discretion in choosing the Prime Minister |
| 2003 | 91st Amendment | 15% cap on the Council of Ministers |
| Term | Meaning |
|---|---|
| Aid and advice | The Council's role under Article 74(1); binding on the President |
| Pocket veto | Leaving a bill unsigned with no time limit |
| Hung Lok Sabha | No party or alliance has a clear majority |
| Collective responsibility | The Council sinks or swims together |
| Linchpin | Nehru's term for the Prime Minister's role |
Exam traps
| The trap | Why it's tempting | The truth |
|---|---|---|
| "MLAs vote in the Vice-President's election." | They vote for the President | Only members of both Houses of Parliament |
| "The President can ask for reconsideration repeatedly." | A power sounds permanent | Only once; the second time he must accept |
| "The pocket veto covers Money Bills." | All bills seem equal | Not Money Bills |
| "The Council is responsible to both Houses." | Parliament has two Houses | Only the Lok Sabha |
| "The 15% cap came from the 42nd Amendment." | That amendment changed advice rules | 91st Amendment, 2003 |
| "France and Sri Lanka are parliamentary." | They have a Prime Minister | They are semi presidential |
| "The PM must lead the largest single party." | The largest party usually leads | The leader who commands majority support |
| "A State can discipline IAS officers working in it." | They work for the State | Only the Centre can |
60-second revision
| Topic | Lock this in |
|---|---|
| Types | Presidential (USA), Parliamentary (UK, Germany, Canada), Semi presidential (France, Russia, Sri Lanka) |
| President's election | Elected MPs plus elected MLAs, STV, five years |
| Vice-President | Both Houses of Parliament only, Chairman of Rajya Sabha |
| Article 74(1) | Aid and advice binding, one reconsideration only |
| Discretions | Reconsideration, pocket veto, PM in a hung House |
| Collective responsibility | Council answers to the Lok Sabha |
| 91st Amendment | 15% cap, 2003 |
| Non MP minister | Must be elected within six months |
| Bureaucracy | UPSC and State PSCs, neutral, IAS and IPS under Central discipline |
Where this chapter connects
- Previous: Election and Representation explains how the electoral college for the President works.
- Next: Legislature shows how Parliament holds this executive accountable.
- Related: Federalism covers the Governor, the Centre's control over All India Services and President's Rule.
- Class XII link: The Crisis of Democratic Order shows the working of the executive during a crisis.
🎯 Practice MCQs
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Q1. The Council of Ministers in India is collectively responsible to
▸ Show answer & explanation
Answer: C
The Council of Ministers answers to the Lok Sabha, and a government that loses its confidence must resign. The Rajya Sabha can criticise the government but cannot remove it.
Q2. The 91st Constitutional Amendment, 2003 provides that the Council of Ministers shall not exceed
▸ Show answer & explanation
Answer: C
The cap is 15 per cent of the total membership of the Lok Sabha, or of the Assembly in a State. It was made to discourage buying support through ministerial posts.
Q3. Consider the following statements about the President's discretion. I. The President may ask the Council of Ministers to reconsider its advice, but must act on the reconsidered advice. II. The President can withhold assent indefinitely to a Money Bill. III. The President uses judgment in choosing the Prime Minister when no party or alliance has a clear majority. Which statements are correct?
▸ Show answer & explanation
Answer: C
Statements I and III are correct. Statement II is wrong because the pocket veto applies to bills other than Money Bills.
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Q4. Match List I with List II. List I: (i) United States (ii) Canada (iii) France (iv) Germany. List II: (p) Parliamentary with a constitutional monarchy (q) Semi presidential (r) Presidential (s) Parliamentary with a ceremonial President and a Chancellor as head of government
▸ Show answer & explanation
Answer: A
The United States is presidential, Canada has a constitutional monarchy within a parliamentary system, France is semi presidential and Germany is parliamentary with a Chancellor.
Q5. Assertion (A): The President of India has an informal pocket veto over bills. Reason (R): The Constitution does not fix a time limit within which the President must give assent to a bill or return it.
▸ Show answer & explanation
Answer: A
Because no time limit is fixed, the President can leave a bill unsigned for as long as needed. This is how the Indian Post Office (Amendment) Bill of 1986 was left pending.
Q6. When the President appoints the Prime Minister, the person chosen is
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Answer: C
The Prime Minister must have majority support in the Lok Sabha. In a coalition era this need not be the leader of the single largest party.
Q7. The President of India is elected by an electoral college consisting of
▸ Show answer & explanation
Answer: B
The electoral college consists of elected MPs and elected MLAs and votes by proportional representation with the single transferable vote. Nominated members are not part of it.
Q8. Which statement about the Vice-President is correct?
▸ Show answer & explanation
Answer: C
The electoral college is Parliament alone. The term is five years, and removal is by a resolution of the Rajya Sabha agreed to by the Lok Sabha.
Q9. Consider the following statements. 1. Article 74(1) provides for a Council of Ministers with the Prime Minister at the head to aid and advise the President. 2. The President may ask the Council to reconsider its advice as many times as he wishes. 3. After reconsideration, the President is bound by the advice. Which statements are correct?
▸ Show answer & explanation
Answer: C
Statements 1 and 3 are correct. Reconsideration can be asked for once only, so statement 2 is wrong.
Q10. Read the extract. A senior officer serves in a State government office but belongs to a service recruited by the Centre. The State government finds fault with her work. Who can take disciplinary action against her, and why? Choose the best answer.
▸ Show answer & explanation
Answer: C
IAS and IPS officers are appointed by the Centre and only the Centre can take disciplinary action against them. This is a link of central control over State administration.
Q11. Read the extract. After an election no party has a clear majority in the Lok Sabha. The President asks a leader to show proof that most members support him before he is sworn in as Prime Minister. This is an example of
▸ Show answer & explanation
Answer: B
Choosing the Prime Minister when no party has a clear majority is one of the three situations where the President uses judgment. The other options describe different provisions.
Q12. Which description of the Prime Minister was given by Jawaharlal Nehru?
▸ Show answer & explanation
Answer: B
Nehru described the Prime Minister as the linchpin of government, the link between the Council of Ministers, the President and Parliament.
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