Executive: AHSEC Class 11 Political Science notes

Get summaries, questions, answers, solutions, notes, extras, PDF and guide of Class 11 (first year) Political Science textbook, chapter 4 Executive, which is part of the syllabus of students studying under AHSEC/ASSEB (Assam Board). These solutions, however, should only be treated as references and can be modified/changed. 

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Summary

The Executive branch of government is responsible for the implementation and enforcement of laws. According to Burke, a government is an organization created by human wisdom to fulfill human needs, serving as the agency through which the state’s will is expressed and realized. Every modern government is composed of three organs: the Executive, the Legislature, and the Judiciary. These three branches are crucial for the government’s operation, with the Legislature creating laws, the Judiciary interpreting them, and the Executive enforcing them.

The state is defined as a politically organized society within a particular territory, with the government acting as its machinery. The Executive is responsible for enforcing laws, the Legislature for law-making, and the Judiciary for interpreting laws and resolving disputes. Garner and Willoughby emphasize that the Executive enforces the laws passed by the Legislature and interpreted by the Judiciary. It is considered the most critical organ of the government, as a state cannot exist without an Executive. Schulz highlights the increasing importance of the Executive globally.

The term ‘Executive’ can be understood in broad and narrow senses. Broadly, it includes all individuals involved in executing the state’s will as expressed in law. Narrowly, it refers to the chief executive and principal colleagues, including the head of state, ministers, and high officials. The Executive formulates and ensures the execution of national policy.

There are various types of executives, such as real and nominal executives, single and plural executives, hereditary, elected, or nominated executives, political and permanent executives, and parliamentary and non-parliamentary executives. Each type has distinct characteristics based on the source and nature of their power.

The Executive performs several functions, including enforcing laws, maintaining peace and order, managing foreign affairs and defense, making important appointments, performing legislative functions like summoning and dissolving parliament, improving people’s welfare, preparing budgets, and exercising judicial functions like granting mercy.

The role and power of the Executive vary in different systems of government. In a Presidential system, the President is both the Head of State and Government, wielding significant power. In a Parliamentary system, the Prime Minister is the head of Government, with a president or monarch serving as the nominal head of state. In a Semi-Presidential system, both a President and a Prime Minister exist, with the President often having substantial day-to-day powers.

India has adopted a parliamentary system of government, influenced by British traditions. This system was chosen to ensure the government is sensitive to public expectations, responsible, and accountable. The President of India is the constitutional head, with executive powers vested in him but exercised through officers subordinate to him, including the Council of Ministers headed by the Prime Minister.

Bureaucracy plays a crucial role as the permanent executive, providing stability and continuity in administration. It consists of civil servants who are experts in their fields and offer essential support to the political executive. The efficient functioning of the government heavily relies on an effective bureaucracy, which is involved in administration, legislation, and finance.

India’s bureaucracy includes All India Services, Central Services, and State Services. Recruitment to these services is based on recommendations by the Union Public Service Commission and State Public Service Commissions. The bureaucracy is vital in ensuring efficient administration and implementing policies formulated by the political executive.

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Essay Type

1. Discuss the procedure for the election of the President of India.

Answer: The President of India is elected indirectly by an electoral college. This college consists of the elected members of both Houses of Parliament and the Legislative Assemblies of the States. The election is conducted under the supervision of the Election Commission of India.

The Election Commission appoints a Returning Officer and Assistant Returning Officers to oversee the election. Key dates, including the last date for submission and withdrawal of nomination papers, are announced. The Returning Officer scrutinises the validity of the nomination papers, and invalid nominations are rejected.

Article 55 of the Constitution ensures uniformity in representation. The election follows the system of proportional representation by means of a single transferable vote. The procedure is as follows:

• MLA Votes: Each elected member of a State Legislative Assembly has votes proportional to the population of the state divided by the number of elected MLAs, further divided by 1000.
• MP Votes: The total votes of all elected MLAs are divided by the total number of elected MPs to determine the votes of each MP.
• Voting Process: Voting is by secret ballot. Voters mark their preferences on the ballot paper. Counting involves establishing an electoral quota, calculated by dividing the total number of valid votes by two and adding one. If no candidate reaches the quota, the candidate with the fewest votes is eliminated, and votes are transferred based on preferences until a candidate meets the quota.

The election result is announced by the Returning Officer. Disputes related to the election are resolved by the Supreme Court, as per Article 71 of the Constitution.

2. Explain the Emergency Powers of the President of India.

Answer: The President of India has special powers, known as ‘Emergency Powers’, exercised under three conditions:

• When the peace and security of the country are threatened by war, external aggression, or armed rebellion.
• When there is a breakdown of constitutional machinery in a state.
• When the financial stability and credit of India or any part of it are in danger.

These conditions classify the emergency powers into three categories: National Emergency, State Emergency, and Financial Emergency.

• National Emergency: Article 352 empowers the President to declare a national emergency if the country’s security is threatened. This declaration, based on the Union Cabinet’s written advice, initially lasts for one month but can be extended by the Parliament every six months by a special majority. During a national emergency, the Parliament can legislate on state subjects, extend the Union Government’s powers, and suspend certain fundamental rights.
• State Emergency: Article 356 allows the President to take over a state’s administration if it fails to function according to the Constitution. This can last for two months and must be approved by Parliament. The state administration is taken over by the President, who may work through the Governor. The Parliament can legislate for the state, and the President can authorize state fund expenditures.
• Financial Emergency: Article 360 permits the President to declare a financial emergency if the country’s financial stability is threatened. This lasts for two months unless approved by Parliament. During this emergency, the Union can direct states on financial matters, and the President can reduce the salaries of government officials, including judges.

These emergency powers have been subject to criticism and fears of misuse. Safeguards, like the 44th Constitution Amendment Act, have been introduced to prevent misuse, including requiring written advice from the Cabinet and periodic reviews by Parliament. Despite these safeguards, vigilance from the people, Parliament, press, and political parties is essential to prevent misuse of these powers.

3. Discuss the process of election and removal of the President of India.

Answer: The President of India is indirectly elected. Article 54 deals with the procedure for the election of the President of India. The President is elected by an electoral college. The electoral college consists of the elected members of both Houses of Parliament and the Legislative Assemblies of the States.

The election of the President of India is conducted under the supervision of the Election Commission of India. The Election Commission appoints a Returning Officer and two Assistant Returning Officers to supervise the election of the President. The Election Commission fixes a last date for the submission of nomination papers by the candidates. A last date for withdrawal of nomination paper is also fixed. A date for election is also announced. The Returning Officer of the Presidential Election will scrutinize the validity of the nomination papers of the candidates for the office of the President. Invalid nomination papers are rejected. The ballot paper is prepared with the names of candidates whose nomination papers are found valid. The election is held on the appointed day​​.

Article 55 of the Constitution lays down the manner of election of the President. It provides that only a candidate who secures 50% plus 1 votes of the valid votes polled will be declared elected. It shall be achieved by the method of proportional representation by means of single transferable vote system.

Finally, it is provided that the election of the President shall be held with secret ballot and in accordance with the system of proportional representation with single transferable vote. The voter shall be given a ballot paper having the names and party symbols of the candidates on the left side with blank columns on the right that he has to fill up by showing his preferences. The voter shall place the figures of 1, 2, 3, 4, and so on (according to the number of candidates) in the blank columns to show his order of preference​​.

The President may be removed from office by the process of impeachment for the violation of the Constitution. The office of the President of India may be vacant for three reasons: death, resignation, or impeachment. If the President is to be impeached for violation of the Constitution, the charge may be preferred by either House of the Parliament. If the House passes a resolution by a majority of not less than two-thirds of the total membership of the House, the matter will be referred to the other House which will investigate the charges​​.

4. What are the powers and functions of the President of India?

Answer: The President of India is the Head of the State. His powers and functions are:

• Executive Powers:
  • Administers the union in his name and makes rules for government functioning.
  • Appoints the Prime Minister and other ministers, the Attorney General, Comptroller and Auditor-General, Chairman and members of the Union Public Service Commission, Chief Justice and Judges of the Supreme Court and High Courts, Ambassadors, and Governors.
  • Keeps informed by the Prime Minister about Cabinet decisions and administration.
  • Administers Union Territories through appointed administrators.
  • Maintains foreign relations and accredits ambassadors.
  • Supreme Commander of the defense forces and appoints Chiefs of the Army, Navy, and Air Force.
• Legislative Powers:
  • Summons, prorogues Parliament sessions, and dissolves the Lok Sabha.
  • Addresses or sends messages to Parliament and delivers an inaugural address.
  • Assents or vetoes bills passed by Parliament, issues ordinances, and nominates members to Rajya Sabha.
  • Lays reports before Parliament and appoints a presiding officer pro tem if needed.
• Financial Powers:
  • Recommends money bills to Lok Sabha.
  • Ensures timely presentation of the annual budget.
  • Uses the Contingency Fund for unforeseen expenditures.
  • Appoints the Finance Commission every five years and acts on its recommendations.
  • Introduces supplementary budgets and places the Comptroller and Auditor-General’s report before Parliament.
• Judicial Powers:
  • Appoints Chief Justice and Judges of the Supreme Court and High Courts.
  • Exercises the prerogative of mercy to pardon offenders or commute sentences, including death sentences.
• Miscellaneous Powers:
  • Consults the Supreme Court on questions of public importance.
  • Decides which posts are beyond the Union Public Service Commission’s jurisdiction.
  • Has special powers regarding Jammu and Kashmir and other states.
• Emergency Powers:
  • Declares national, state, and financial emergencies based on threats to security, breakdown of constitutional machinery, or financial instability.

The President’s role is largely ceremonial, acting on the advice of the Prime Minister and the Cabinet​​.

5. How is the Vice-President of India elected? What are his powers and functions?

Answer: The Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament. The election follows the system of proportional representation by means of the single transferable vote and is conducted by secret ballot. The term of office for the Vice-President is five years. He may resign by writing to the President or be removed by a resolution of the Rajya Sabha agreed to by the Lok Sabha.

The Vice-President takes an oath before the President, pledging to uphold the Constitution and discharge his duties faithfully. If the office of the Vice-President becomes vacant due to death, resignation, or removal, an election to fill the vacancy is held as soon as possible. During his tenure, the Vice-President receives a salary of four lakhs per month and other allowances. When officiating as President, he receives the President’s salary and allowances.

The primary function of the Vice-President is to act as the ex-officio Chairman of the Rajya Sabha, where he presides over meetings, maintains order, and has a casting vote in the event of a tie. He cannot preside over a joint session of both Houses of Parliament. The Vice-President assumes the role of President in the event of the latter’s death, resignation, or removal, and during the President’s absence, performing all functions of the President during such times​​.

6. How is the Union Council of Minister constituted? Discuss its powers.

Answer: The Union Council of Ministers is constituted under Article 75 of the Indian Constitution. The President appoints the leader of the majority party in the Lok Sabha as the Prime Minister. On the Prime Minister’s advice, the President then appoints other ministers. The Council remains in office as long as it enjoys the confidence of the Lok Sabha.

The Council of Ministers is collectively responsible to the Lok Sabha. Ministers must be members of Parliament; if not already, they must be elected within six months of appointment. The Prime Minister plays a crucial role in shaping the Council, determining its size and composition.

The Council wields significant powers, effectively governing the country on behalf of the President. These powers include:

• Policy Formulation: The Council, particularly the Cabinet (a smaller group within the Council), formulates national policies, both domestic and foreign.
• Administration: It oversees the administration of the country, ensuring the implementation of laws and policies.
• Legislation: The Council plays a dominant role in legislation, introducing and steering bills through Parliament.
• Financial Powers: It prepares and presents the budget, controls government expenditure, and formulates economic policies.
• Foreign Affairs: It formulates foreign policy, manages international relations, and makes decisions regarding war and peace.
• Appointments: The Council recommends appointments to high-ranking positions within the government.

The Union Council of Ministers, with the Prime Minister at its helm, is the driving force behind India’s governance. Its powers and functions reflect its central role in the Indian political system.

7. Who appoints the Prime Minister of India? Discuss the powers and functions of the Prime Minister.

Answer: Article 75 (1) says that the Prime Minister shall be appointed by the President. But the appointment of the Prime Minister is not a discretionary power of the President. He is bound to appoint the leader of the majority party in the Lok Sabha as the Prime Minister​​.

The Prime Minister is the supreme ruler of the land. Dharam Vira says, “The ministers have virtually been reduced to the position of mere camp followers—a far cry from the concept of first among equals.” He is the key-figure in the Council of Ministers. He is the most powerful person in the Council of Ministers. Actually, he is responsible for running the government of the country. The Prime Minister plays a very important part in the administration of the country. The Prime Minister occupies an extremely powerful position.

The Prime Minister’s duties as mentioned in the Constitution do not cover the area of entire authority that the Prime Minister has to exercise. Thus, the powers and functions of the Prime Minister may be analysed as follows:

Formation of the Council of Ministers: The Prime Minister plays a very important part in the formation of the Council of Ministers. With regard to the formation of the ministry, the duty of the President practically ceases with the appointment of the Prime Minister. The President appoints other ministers only with the advice of the Prime Minister.

Head of the Council of Ministers: The Prime Minister is the head of the Council of Ministers. He presides over the meetings of the Council of Ministers.

Distribution of Portfolios: The President distributes portfolios among the ministers on the advice of the Prime Minister.

Head of the Cabinet: He presides over the meetings of the cabinet. He conveys to the President the decisions taken by the Cabinet.

Chief Administrator of the Country: The Prime Minister is the head of the Government. So, he looks to the entire administration of the country even if it falls within the jurisdiction of any other minister. He co-ordinates the activities of various ministers and ministries​​.

8. Analyse the role of the Prime Minister of India.

Answer: The Prime Minister of India is the leader of the Union Council of Ministers and holds a pivotal role in the country’s administration. As per Article 75 (1) of the Indian Constitution, the President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha. The Prime Minister must be a member of Parliament, and if not at the time of appointment, must become one within six months.

The Prime Minister’s duties, as outlined in Article 78, include communicating decisions of the Council of Ministers to the President, providing information on the administration and legislative proposals, and submitting matters for the Council’s consideration if required by the President.

The Prime Minister’s powers and functions include:

• Formation of the Council of Ministers: The Prime Minister selects and shapes the Council of Ministers, appoints its members, and can demand their resignation if necessary.
• Head of the Council of Ministers: The Prime Minister presides over its meetings, resolves internal differences, and ensures decisions are made unanimously.
• Distribution of Portfolios: The Prime Minister advises the President on distributing portfolios among ministers and can reallocate them as needed.
• Changes in the Council of Ministers: The Prime Minister can recommend the dismissal or appointment of ministers.
• Head of the Cabinet: The Prime Minister communicates Cabinet decisions to the President and ensures effective functioning.
• Spokesman of the Nation: The Prime Minister represents India both nationally and internationally, being the chief spokesman of the government.
• Chief Administrator of the Country: The Prime Minister oversees all administrative functions, coordinates ministries, and may directly manage some departments.
• Leader of the Lok Sabha: The Prime Minister supports party policies in Parliament, answers questions, and defends ministerial actions.
• Foreign Relations: The Prime Minister formulates foreign policy, maintains international relations, and advises on diplomatic appointments.
• Channel of Communication between the Parliament and the Ministry: The Prime Minister determines the parliamentary agenda and defends government policies.
• Chief Adviser of the President: The Prime Minister keeps the President informed about national and international affairs and supplies necessary information.
• Leader of the Majority Party: The Prime Minister maintains party cohesion, enhances its popularity, and manages opposition challenges.
• Selection of Officials: The Prime Minister plays a key role in selecting high officials, with the President acting on the Prime Minister’s advice.
• Miscellaneous Powers: The Prime Minister holds vast patronage powers and engages in numerous national activities.

The Prime Minister is the real executive authority, central to the administration, policy-making, and overall governance of the country.

9. Discuss the relationship between the President and the Prime Minister.

Answer: The relationship between the President and the Prime Minister in India is defined by the constitutional framework that delineates their respective roles and powers. The President is the ceremonial head of the state, while the Prime Minister is the head of the government and the real executive authority. According to Article 74 (1) of the Indian Constitution, the President is required to act in all matters with the aid and advice of his Council of Ministers, headed by the Prime Minister. This advice is binding on the President following the 42nd and 44th Amendments.

The President appoints the Prime Minister, who is typically the leader of the majority party in the Lok Sabha. On the Prime Minister’s advice, the President appoints other ministers. The Prime Minister acts as the chief adviser to the President, keeping him informed about all decisions of the Cabinet and the administration of the Union. The Prime Minister is the link between the Cabinet and the President, playing a crucial role in maintaining harmony between the executive and the legislature.

The President’s role is primarily ceremonial, but they can exercise discretionary powers in certain situations, such as appointing the Prime Minister when no party has a clear majority and during a national emergency. However, these powers are limited, and the President generally acts on the advice of the Prime Minister and the Council of Ministers.

The Prime Minister’s relationship with the President involves regular communication and consultation. The Prime Minister must ensure that the Council of Ministers enjoys the confidence of the Lok Sabha, as the President acts based on this majority support. The Prime Minister is also responsible for conveying Cabinet decisions to the President and for keeping the President informed about the administration and legislative proposals.

In practice, the powers vested in the President are exercised by the Prime Minister and the Cabinet. The President’s role is more of a constitutional guardian, while the Prime Minister is the real ruler of the country, responsible for the day-to-day administration and policy-making. The President can, however, use their discretion in situations where no party has a clear majority in the Lok Sabha or during national emergencies, but generally, they act on the advice of the Prime Minister. The effective working relationship between the President and the Prime Minister is essential for the smooth functioning of the government.

10. How is the Union Council of Ministers constituted? What are the different categories of ministers?

Answer: The Constitution of India establishes a responsible government led by the Union Council of Ministers. The President, as a constitutional head, acts on the advice of this council. Article 74 states: “There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.”

Composition of the Council of Ministers: According to Article 75, the President appoints the leader of the majority party in the Lok Sabha as the Prime Minister. Other ministers are appointed by the President on the Prime Minister’s advice and hold office during the President’s pleasure. They are collectively responsible to the Lok Sabha. A minister must become a member of Parliament within six months of appointment or resign.

The Constitution does not specify the number or classification of ministers, which is determined by the Prime Minister. The Union Council of Ministers includes three categories:

(i) Cabinet Ministers: Senior ministers heading major ministries and forming the core decision-making body.
(ii) Ministers of State: These ministers assist Cabinet Ministers and may hold independent charge of smaller ministries.
(iii) Deputy Ministers: They assist both Cabinet and State Ministers, handling specific tasks within a ministry.

The structure ensures efficient governance, with varying roles and responsibilities across the categories.

11. Explain the characteristics of the Union Council of Ministers.

Answer: The Union Council of Ministers is the body of ministers that governs the country, led by the Prime Minister. According to the Constitution of India, the Council of Ministers is responsible for aiding and advising the President in exercising his functions. The President is required to act in accordance with such advice.

The composition of the Council of Ministers includes the Prime Minister and other ministers appointed by the President on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the Lok Sabha (House of the People). If a minister is not a member of Parliament at the time of their appointment, they must get elected to either House within six months. Failing to do so will result in the minister ceasing to hold office.

The Council of Ministers does not have a fixed term and remains in office as long as it enjoys the confidence of the majority in the Lok Sabha. It can be removed by a vote of no confidence passed by the Lok Sabha.

There are different categories of ministers within the Union Council of Ministers, namely:

• Cabinet Ministers: These are senior-most ministers and hold important portfolios.
• Ministers of State: They may be given independent charge of ministries or may assist Cabinet Ministers.
• Deputy Ministers: They assist the Cabinet Ministers and Ministers of State.

Under the 91st Amendment Act of 2003, the total number of ministers, including the Prime Minister, should not exceed 15% of the total number of members of the Lok Sabha.

The Council of Ministers aids the President in the administration of the affairs of the Union and ensures the implementation of national policies. It is the primary decision-making body of the government and holds the highest authority in executive functions.

12. Discuss the relationship between the President and the Parliament.

Answer: The President of India is a part of the Union Parliament, but he is not a member of either House of the Parliament. His legislative powers are discussed below:

(a) The President has the power to summon and prorogue the sessions of the Parliament. He may dissolve the Lok Sabha. The President may call a joint session of the Parliament in case of a deadlock between the two Houses on a non-money bill.

(b) The President has the power to address or send messages to the Parliament. He delivers an address to a joint session of both the Houses of the Parliament in the first session of every year. This is called his inaugural address. He may send messages to the Parliament.

(c) No bill passed by the Parliament can become an act without the assent of the President. The President has veto powers over the bills. In the case of a non-money bill, he may give his assent or withhold it, or return the bill for reconsideration. He cannot withhold his assent in case it is readopted by the Parliament. Thus, his veto power is suspensive or limited.

(d) Money bills can be introduced in the Lok Sabha with the permission of the President. A bill for the alteration of the boundary of a state shall be introduced in the Parliament on the recommendation of the President.

(e) The President can issue an ordinance when the Parliament is not in session. An ordinance has the force of law. An ordinance is generally issued in case of urgent necessity. The ordinance will remain in force for six weeks after the session of Parliament begins again.

(f) The President nominates 12 members to the Rajya Sabha from among persons who have special knowledge or practical experience of literature, science, arts and social service. If no Anglo-Indian representative is elected to the Lok Sabha, the President may nominate two such members to the House.

(g) The President lays before the Parliament the reports and the recommendations of several important bodies like the Union Public Service Commission, Comptroller and Auditor-General of India, Minorities Commission etc.

(h) When the Presiding Officers of Rajya Sabha or Lok Sabha and any member of the panel so framed for the purpose are not available, he may appoint a presiding officer pro tem for the purpose of conducting the business of the House.

(i) The President has the power to direct by public notification that from so and so date any Union or State law shall not apply to any major port or aerodrome, or apply with so and so modification.

The President cannot send back a money bill for reconsideration. He has absolute veto power over certain bills. His assent is also necessary in case of some bills passed by the state legislature. The Governor may send some bills to the President for the latter’s consideration and assent. The President has the power of making rules and regulations governing matters like joint session of Parliament, appointment of the officers of the Supreme Court, recruitment to important union services, working of the Central Universities etc.

13. Describe briefly about the role of a Governor as the agent of Central Government.

Answer: The Governor acts as the agent of the Union Government. He must supply necessary information about the State to the Centre from time to time. The Governor must see that the directions and orders of the Central Government are carried out by the State. He must take appropriate steps for the implementation of the Central policies. He must look after the interest of the Central Government by all means. The Governor is also the connecting link between the Central and State Governments. He can contribute a lot towards the improvement of ‘Union-State’ relations. He can put properly the views of the State Government to the Centre. He can also point out the difficulties of the State before the Central Government. The Governor can also act as the custodian of the rights and liberties of the people, particularly the minorities. He must see that interests of the minorities are protected by the government. The Governor may play an important role in bringing about unity among the people. As he has no vested interest in the State, he can play a neutral role in various matters.

14. How is the Governor of a State appointed? Discuss his position.

Answer: Article 153 of the Constitution of India provides for the office of the Governor. He is the Head of a State. Article 155 lays down that the Governor of a State shall be appointed by the President under his hand and seal. The Governor is the Constitutional Head of a State Government in a formal sense; in a real sense, he is an agent of the Centre. Thus the Governor plays a two-fold role as a Constitutional head of a State Government and a link between the Centre and the State Government. The detailed procedure for the appointment of the Governor is not provided in the Constitution. The Governor is appointed by the President with the advice of the Union Cabinet.

15. Explain the role of the Governor of a state.

Answer: The Governor serves as the Constitutional Head of a state, akin to the President at the Union level. His role can range from being a nominal head to an active administrator, depending on the political stability of the state. When the state has a stable government, the Governor acts on the advice of the Council of Ministers and functions as a nominal head. However, during political instability, he may exercise discretion and influence the administration significantly.

The Governor’s discretionary powers allow him to act independently in certain situations, such as recommending a State Emergency to the President. During such an emergency, the Governor assumes greater administrative powers and acts as the President’s agent, making him more than just a ceremonial figure.

In his capacity as the Union Government’s representative, the Governor ensures that central policies and directives are implemented within the state. He acts as a liaison, conveying the state’s concerns to the central government and vice versa. This role is crucial for maintaining harmonious Union-State relations.

The Governor also has a duty to safeguard the rights and interests of minorities within the state, promoting social, economic, and educational development. He can guide and advise the Council of Ministers to ensure that governance is conducted according to constitutional provisions.

Ultimately, the Governor’s role is multifaceted, involving ceremonial duties, administrative responsibilities, and acting as a vital link between the central and state governments. His influence and importance can vary, but his primary function is to ensure the state’s administration aligns with constitutional mandates and to support the overall well-being of its citizens.

16. What are the powers and functions of a Governor?

Answer: The Governor is the Chief Executive of a State, vested with executive, legislative, financial, judicial, and discretionary powers.

• Executive Powers: The Governor appoints the Chief Minister and, on their advice, other ministers. He appoints high officials such as the Advocate General and Chairman of the State Public Service Commission. He must be informed by the Chief Minister about state administration and may call for information. During President’s Rule, he acts as the Union Government’s agent.
• Legislative Powers: The Governor can summon, prorogue, and dissolve the State Legislature. He nominates one Anglo-Indian member to the Legislative Assembly if needed. He addresses the Legislature at the start of each year and must assent to bills passed by the Legislature. He can also issue ordinances when the Legislature is not in session.
• Financial Powers: No money bill can be introduced without the Governor’s recommendation. He oversees the State Contingency Fund, prepares the annual budget, and must assent to financial bills. He ensures the Auditor-General’s reports are presented to the Legislature.
• Judicial Powers: The Governor appoints judges in consultation with the High Court and has the power to pardon, remit, or commute sentences, except for death sentences.
• Discretionary Powers: In certain situations, the Governor can act without the advice of the Council of Ministers. This includes reporting constitutional breakdowns to the President, appointing a Chief Minister when no party has a majority, and dissolving the Legislative Assembly on the advice of a defeated Chief Minister.

17. Write briefly about the role of a chief Minister in State administration.

Answer: The Chief Minister is the pivotal figure in state administration, akin to the Prime Minister at the Centre. He plays a crucial role in appointing higher-level officials and formulating policies. Major decisions across various ministries are taken with his knowledge and consent. As the Chief Executive of the state, he oversees all aspects of administration, making his leadership essential for the state’s governance.

The Chief Minister’s influence extends to supervising all departments and representing the state at the National Development Council, where he protects the state’s interests against other states and the Centre. His real power, however, depends on several factors: his relationship with the central party leadership, the nature of his government (whether single-party or coalition), and his party’s status at the Centre.

Chief Ministers from the ruling party at the Centre often rely heavily on the Prime Minister’s support, making them susceptible to removal by the party high command. In contrast, coalition Chief Ministers must navigate the interests of multiple parties, limiting their autonomy and ability to provide strong leadership. Chief Ministers from single majority parties not aligned with the Centre can be more independent and stable, provided they have strong personal leadership qualities.

Regardless of their power, Chief Ministers cannot ignore the Union Government’s role. Successful state administration requires cooperation with the Centre, upon which the state depends for various supports. The Chief Minister leads the State Council of Ministers but must adhere to the 91st Amendment Act, which limits the ministry’s size to 15% of the Legislative Assembly’s total members, ensuring the ministry’s efficiency and effectiveness. However, in a state the strength of the ministry shall not be less than 12.

18. How is the State Council of Ministers constituted? What is the difference between the State Cabinet and the Council of Ministers?

Answer: Under Article 164, the Governor appoints the Chief Minister, typically the leader of the majority party in the Legislative Assembly. Other ministers are appointed by the Governor on the Chief Minister’s advice. All ministers must be members of the State Legislature or become so within six months of their appointment. The Council of Ministers has no fixed term and remains in office as long as it has the Legislative Assembly’s support. The Governor distributes portfolios among ministers based on the Chief Minister’s advice and can remove or appoint ministers accordingly. Ministers are categorized into Cabinet Ministers, Ministers of State, and Deputy Ministers, with the salaries and allowances determined by the State Legislature.

The Cabinet, a part of the Council of Ministers, includes the Chief Minister and senior Cabinet Ministers, wielding executive powers. All Cabinet decisions bind the entire Council of Ministers.

Difference between the Council of Ministers and the Cabinet: The Council of Ministers advises the Governor and supports the Chief Minister, comprising 40-60 members. The Cabinet, a smaller body of 15-18 senior ministers, exercises executive powers. The Chief Minister leads the Council and selects its members, categorized into Cabinet Ministers, Ministers of State, Deputy Ministers, and Parliamentary Secretaries, based on seniority and political importance.

19. Who is the head of the State in India? Discuss briefly his constitutional position.

Answer: The President of India is the head of the State. The 42nd Amendment Act of the Constitution of India made it clear that the President acts according to the advice of the Council of Ministers. The President is bound by Article 74 (1) to act on the aid and advice of his Council of Ministers, making him a nominal head. Dr. B. R. Ambedkar compared the President’s position to that of the British monarch, describing him as a ceremonial device for executing the nation’s decisions.

Despite being a nominal head, the President’s office is not superfluous. The President has the power to warn, encourage, and advise the Council of Ministers. He acts as the Supreme Commander of the defence forces but cannot take independent action. His role includes representing the nation, maintaining the dignity of the office, and ensuring all decisions comply with the Constitution. The President’s powers are exercised by the Union Council of Ministers, headed by the Prime Minister.

The 44th Amendment in 1978 upheld these provisions, confirming the President’s position as primarily ceremonial. While he must follow the laws and decisions made by the Parliament and the Prime Minister, the President’s role as a symbol of the nation and his influence over national decisions remain significant. The President cannot be impeached unless he violates the Constitution, emphasizing his duty to act within constitutional boundaries.

20. What are the powers and functions of the Council of Ministers?

Answer: The Council of Ministers under the Chief Minister is the real executive of the State. It discharges all the powers and functions of the State Government. The following are the powers and functions of the State Council of Ministers:

• Policy of State Administration: It formulates the policy of State Administration and implements laws.
• Recruitment Policy: It considers proposals regarding the recruitment policy and advises the Governor on the appointment of important functionaries.
• Proposals for Legislation: It plays a key role in legislation, authorises bill introductions, and can advise the Governor to promulgate an ordinance when necessary.
• Preparation of Budget: The budget is prepared and approved by the Council of Ministers before being introduced in the State Legislative Assembly for approval.
• Session of Legislature: It decides on the dates for summoning or proroguing the legislature and advises the Governor on dissolving the Legislative Assembly.
• Miscellaneous Matters: It takes decisions on various matters such as service conditions of public servants, reservation of seats for Scheduled Castes and Scheduled Tribes, and appointment of Inquiry Commissions.
• Administration: The Council is responsible to the Legislative Assembly for the administration of the State, ensuring policies are implemented and answering questions from the legislature.

The Council of Ministers’ effectiveness relies on the unity, efficiency, and integrity of its ministers, and the leadership of the Chief Minister. The welfare of the State’s people depends on its proper functioning, as it remains in office as long as it has the majority support of the Legislative Assembly.

21. Discuss why Bureaucracy is considered as the permanent executive.

Answer: Bureaucracy is considered as the permanent executive because it consists of civil servants who continue to function permanently. The officials constitute the permanent executive. Bureaucracy has become so important today that a modern government cannot survive without it. The Ministers are temporary as they come and go frequently. The Ministers are politicians. They have no administrative training and hence they do not know the skills of administration. They are amateurs in the art of administration. So, the Ministers are bound to depend on the advice of civil servants who are experts in the field of administration. The Legislature makes laws as the Constitution to serve the people better in a democracy. The Ministers frame the policies of the government. The efficient execution of policies and enforcement of laws depend on the civil servants. The essence of a good government is good administration. If the administration is not efficient, the government cannot be called good.

A democratic government cannot exist if it is not in a position to provide clean and efficient administration. It is the efficiency and incorruptibility of administration which shape the future of a democratic government. The bureaucracy can dig the grave of democratic government if it wants and at the same time it can provide stability to the government by discharging its duties efficiently. Bureaucracy has become so important today that a modern government cannot survive without it. Bureaucracy has become a far more potent and vital element in our system of government than the textbook realizes. It has indeed become the effective and operative part of our system. The power of this bureaucracy, the permanent civil service is to be found not only in administration but also in legislation and finance. It not only administers laws, it largely shapes them, it not only spends the proceeds of taxation, it largely decides how much is to be raised and how it is to be raised. In modern democratic state it is very difficult to point out where bureaucracy begins and where it ends. It is noticed in every sphere of government. We cannot conceive of a government without bureaucracy.

22. Discuss the role of the Council of Ministers.

Answer: The Council of Ministers plays a crucial role in the executive branch of the government. Its primary function is to aid and advise the President in the exercise of his functions. The Council of Ministers is collectively responsible to the House of the People (Lok Sabha). This means that the entire Council of Ministers must resign if the Lok Sabha passes a vote of no confidence against it.

The Council of Ministers includes the Prime Minister and other ministers. The Prime Minister is the head of the Council and has the authority to allocate portfolios among the ministers. The Council of Ministers is divided into three categories: Cabinet Ministers, Ministers of State, and Deputy Ministers. Cabinet Ministers are the senior members of the Council and hold the most important portfolios. Ministers of State assist the Cabinet Ministers and may hold independent charge of ministries. Deputy Ministers assist the other ministers in their duties.

The Council of Ministers is responsible for the formulation and execution of government policies. It ensures that the administration is carried out efficiently and in accordance with the law. The Council of Ministers also plays a key role in the legislative process, as it introduces bills in the Parliament and provides explanations and justifications for proposed laws.

23. How is the Chief Minister appointed? Discuss his powers and functions.

Answer: Article 164(1) states that the Chief Minister is appointed by the Governor, who appoints the leader of the majority party in the State Legislative Assembly. The Chief Minister is sworn in by the Governor and serves during the Governor’s pleasure, typically as long as they have majority support in the Legislative Assembly. If no party has an absolute majority, the Governor plays a role in selecting the leader. The Chief Minister must be a member of the State Legislature or be elected within six months of appointment.

Powers and Functions of the Chief Minister

• Advises the Governor on the appointment and distribution of portfolios among ministers and can recommend changes or the removal of ministers.
• Presides over Cabinet meetings, ensuring collective responsibility and can ask ministers to resign.
• Maintains party discipline, appointing party whips to enforce it.
• Keeps the Governor informed about Cabinet decisions and administrative affairs.
• Submits individual minister decisions to the Cabinet for approval when requested by the Governor.
• Faces opposition in the legislature, directing ministers on legislative proposals and defending them.
• Plays a crucial role in policy-making and higher appointments.
• Oversees government functioning, coordinates among ministries, and ensures policy implementation.
• Acts as the government’s chief spokesman.
• Serves as the communication link between the Governor and ministers.
• Can resign and advise the Governor to find an alternative leader or dissolve the Assembly, and is consulted on the appointment of the Governor by the Union Government.

24. Discuss the role of the Chief Minister in the State Administration.

Answer: The Chief Minister is the pivot around which the entire administration of the state revolves. He has a very important role in the appointments at the higher level. In policy formulation also the Chief Minister has an important hand. All major decisions in the different ministries are taken with his knowledge. The strength of individual ministers depends on his support. He is the Chief Executive of the state administration and hence he has a say in every aspect of administration. The future of the Government of the State conducted by the party in power depends on the dynamic leadership of the Chief Minister. The Chief Minister in a State is very much similar to the Prime Minister at the Centre.

The Chief Minister has the power of general supervision of all the departments. He represents the State at the National Development Council and protects its interests vis-a-vis other States and the Centre.

The position of the Chief Minister depends on various circumstances. The real position of the Chief Minister is dependent upon three situational dimensions: (i) Chief Minister belonging to the party in power in the Centre, (ii) Chief Minister in a coalition Ministry, and (iii) Chief Minister of a Single Majority Party not in power in the Centre.

25. Discuss about the powers, functions and the role of Chief Minister of a State.

Answer: The powers and functions of the Chief Minister of a state are:

• Executive Powers: The Chief Minister advises the Governor on the appointment of other ministers, allocates portfolios, and can remove ministers. State administration is carried out in his name.
• Legislative Powers: He recommends the Governor to summon, prorogue, or dissolve the Legislative Assembly, ensures government policies are presented and passed, and addresses the Assembly to explain policies and programs.
• Financial Powers: Alongside the Finance Minister, the Chief Minister prepares the state budget and oversees financial matters and policy implementation.
• Administrative Powers: The Chief Minister coordinates the activities of different ministries and departments, ensures law implementation, and has authority over the transfer and posting of senior officials.
• Advisory Powers: He advises the Governor on state administration matters and keeps the Governor informed about Council of Ministers’ decisions.

Role of the Chief Minister are:

• Leader of the Legislative Assembly: As the leader of the majority party, he ensures the passage of government bills and policies.
• Head of the State Government: Representing the state at various levels, he plays a crucial role in policy formulation and implementation.
• Spokesperson of the State: Acting as the state’s spokesperson, he communicates government policies and programs.
• Coordination with Central Government: Maintaining good relations with the Centre, he ensures the state receives necessary support and assistance.
• Crisis Manager: The Chief Minister manages crises and emergencies, maintaining law and order and ensuring public safety.
• Development Initiator: Overseeing development projects and schemes, he ensures benefits reach the people and contribute to the state’s progress.

The Chief Minister’s role is pivotal in state governance, driving policies and programs for development and welfare.

26. Discuss the powers and functions of the Governor of your State. What is his role in the State administration?

Answer: The powers and functions of the Governor are:

• Executive Powers:
  • Administers the state, appoints the Chief Minister and other ministers.
  • Appoints key officials like the Advocate General and members of the State Public Service Commission.
  • Can recommend President’s rule in the state.
  • Ensures the state government follows constitutional provisions.
• Legislative Powers:
  • Summons, prorogues, and dissolves the State Legislature.
  • Nominates members to the Legislative Assembly and Legislative Council.
  • Assents to bills, or returns them for reconsideration.
  • Can issue ordinances when the legislature is not in session.
• Financial Powers:
  • Recommends money bills for introduction in the legislature.
  • Administers the Contingency Fund.
  • Ensures the annual budget is presented to the legislature.
  • Allocates funds for unforeseen expenditures.
• Judicial Powers:
  • Appoints judges of the High Court in consultation with the Chief Justice.
  • Has the power to grant pardons, reprieves, or commute sentences.
  • Ensures the judiciary functions according to constitutional provisions.
  • Consults with the President on judicial appointments.
• Discretionary Powers:
  • Acts without ministerial advice in specific situations.
  • Reports to the President on the breakdown of constitutional machinery in the state.
  • Decides on appointing the Chief Minister if no clear majority is evident.
  • Can dissolve the Legislative Assembly on the advice of the Chief Minister.

Role of the Governor

The Governor is the constitutional head of the state, acting similarly to the President at the national level. His role is largely ceremonial but can become significant in times of political instability or during the imposition of President’s rule. As the link between the state and central government, the Governor ensures state policies align with central directives and protects minority rights. His influence depends on the political stability of the state and his relationship with the central government. The Governor can also guide the state administration and promote social, economic, and educational development, ensuring governance aligns with constitutional provisions. He plays a neutral role in various matters and acts as the custodian of the rights and liberties of the people

27. Examine the role of Bureaucracy in Indian Administrative System.

Answer: The role of Bureaucracy in the Indian Administrative System is vital for the effective functioning of a democratic government. Bureaucracy serves as the permanent brain trust of the government, ensuring continuity and expertise. Ministers, who are temporary and often lack administrative training, rely heavily on civil servants for advice and implementation of policies. The Legislature makes laws, and the Ministers frame policies, but the efficient execution and enforcement of these depend on the bureaucracy. The essence of good governance lies in good administration, and a competent civil service is crucial for this.

A democratic government cannot provide clean and efficient administration without a skilled bureaucracy. The efficiency and incorruptibility of the bureaucracy shape the future of democratic governance. Bureaucracy is not only vital for administration but also plays a significant role in legislation and finance, influencing law-making and fiscal decisions. In modern democratic states, the boundaries of bureaucratic influence are vast, and it is integral to every sphere of government.

Additionally, bureaucrats are responsible for explaining government policies to the public and securing their cooperation. In the context of parliamentary democracy in India, public officials are accountable to the political executive and, through them, to the Parliament and the people. Bureaucracy thus ensures stability, efficiency, and accountability in the Indian Administrative System.

28. Briefly discuss the role of the Governor during the President’s rule.

Answer: If the President proclaims State Emergency, the Governor acts as the agent of the President of India. He, then, exercises all the powers of the State Government. During this period, the Governor no longer remains a nominal head.

Short Answer Type

1. What are the qualifications to be a candidate for the office of the President?

Answer: The qualifications essential for one’s eligibility for this august office are as follows:

• He must be a citizen of India.
• He should not be less than 35 years of age.
• He should be eligible for election to the Rajya Sabha.
• He should not hold any office of profit under the Government of India or any State Government or under any local or other authority subject to the control of any of the said Governments.

2. What are the immunities of the President of India?

Answer: The President is not answerable to any court for the duties discharged by him in his capacity as the President of India. While acting as the President of India, no criminal case can be filed against him nor can he be arrested. To file a civil suit against the President, he must be given at least two months’ notice to that effect. So, in case of civil cases also the President enjoys a special position. The President of India can be considered above law to a great extent.

3. Write a short note on financial emergency.

Answer: Article 360 lays down that the President may declare financial emergency whenever he is satisfied that a situation has arisen whereby the financial stability and credit of India or any part thereof is endangered. Such a proclamation shall remain in force for two months unless its continuation is approved by the Parliament. If the Lok Sabha stands dissolved, then it will be approved by the Rajya Sabha. It will run for a period of 30 days from the commencement of the session of the new Lok Sabha. If its continuation is necessary, it must be extended by both the Houses by a resolution. This type of emergency may be revoked or varied by a subsequent proclamation.

India has not faced financial emergency so far.

4. Write a note on the impeachment of the President.

Answer: The President may be removed from office by the process of impeachment for the violation of the Constitution. According to Article 56, Clause (b) the President may be removed from office by impeachment in the manner provided in Article 61. If the President is to be impeached for violation of the Constitution, the charge may be preferred by either House of the Parliament. But before moving such a resolution, a notice of at least 14 days must be given in writing which should be signed by not less than one-fourth of the total of members of that House which wants to move the resolution. If after following this procedure, the House passes a resolution by a majority of not less than two-thirds of the total membership of the House, the matter will be referred to the other House which will investigate the charges. When the other House investigates the charges, the President shall have the right to appear before the investigation committee either in person or through his lawyer. If in the investigation the charges against the President have been sustained, the House must pass a resolution by a majority of not less than two-thirds of the total membership declaring that the charges against the President are found correct and the President will be considered to have been removed from his office from the date on which the resolution is passed.

5. How can the Vice-President of India be removed?

Answer: The Vice-President may be removed from his office by a resolution of the Council of States, passed by a majority vote in that House and agreed to by the House of the People. Such a resolution requires fourteen days notice to be moved in the Rajya Sabha. The Supreme Court looks into and decides finally all disputes with regard to the election of the Vice-President.

6. How can the Vice-President of India be elected?

Answer: There is an ‘Electoral College’ for the election of the Vice-President. The ‘electoral college’ consists of the members of the Lok Sabha and the Rajya Sabha. The nominated members of the Lok Sabha and the Rajya Sabha can take part in the election of the Vice-President. Article 66(i) of the Constitution lays down that the Vice-President shall be elected by the electoral college in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The name of the candidate for the office of the Vice-President must be proposed by at least 5 members and it must also be supported by at least five members of the electoral college.

7. What are the diplomatic powers of the President?

Answer: The President also maintains foreign relations. He accredits his ambassadors and envoys to foreign states. He also accepts the letters of credence of foreign diplomatic representatives.

8. Describe the process of election of the President of India.

Answer: The election of the President of India is conducted under the supervision of the Election Commission of India. The Election Commission appoints a Returning Officer and two Assistant Returning Officers to supervise the election of the President. The Election Commission fixes a last date for the submission of nomination papers by the candidates. A last date for withdrawal of nomination paper is also fixed. A date for election is also announced. The Returning Officer of the Presidential Election will scrutinise the validity of the nomination papers of the candidates for the office of the President. Invalid nomination papers are rejected. The ballot paper is prepared with the names of candidates whose nomination papers are found valid. The election is held on the appointed day.

9. Write a short note on the discretionary powers of the Governor.

Answer: The Governor of an Indian state has certain discretionary powers, including:

• Administering tribal areas in Assam.
• Acting independently if appointed as Administrator of a Union Territory.
• Addressing violent activities in Nagaland.
• Dissolving the Legislative Assembly on the advice of the Chief Minister.
• Seeking instructions from the President before promulgating important ordinances.
• Managing conflicts between Union and State Governments.
• Sending bills to the President if they conflict with Union law or policy.
• Reporting the breakdown of constitutional machinery in a state.
• Selecting a Chief Minister if no party has an absolute majority.
• Acting independently during a State Emergency.

10. Who appoints the Governor of an Indian State?

Answer: The Governor of a State shall be appointed by the President under his hand and seal.

11. How is the Chief Minister appointed?

Answer: Under Article 164 of the Constitution the Governor appoints the Chief Minister. The leader of the majority party of the Legislative Assembly is appointed as the Chief Minister.

12. Mention any four functions of the President of India.

Answer: The President of India:

• Appoints the Prime Minister and other ministers.
• Is the Supreme Commander of the defence forces.
• Has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
• May promulgate Ordinances at any time, except when both Houses of Parliament are in session.

13. Write five executive powers of the President.

Answer: Five executive powers of the President:

(a) The administration of the union is carried out in the President’s name, and all important decisions are taken in his name. He makes rules for the conduct of government work.

(b) The President appoints the leader of the majority party in the Lok Sabha as Prime Minister and, with the Prime Minister’s advice, appoints other ministers. The Council of Ministers remains in office at his pleasure, and he can dismiss ministers.

(c) The President makes key appointments, including the Attorney General, Comptroller and Auditor-General, Chief Justice and Judges of the Supreme Court and High Courts, Ambassadors, and Governors. He can dismiss them following constitutional procedures.

(d) The Prime Minister must keep the President informed of all Cabinet decisions and provide any additional information requested. The President can ask for a decision to be reconsidered.

(e) The President administers the Union Territories through appointed administrators who are responsible to him. These administrators discharge their duties under the President’s direction and control.

14. Name three emergency powers of the President.

Answer: Three emergency powers of the President:

• National Emergency
• Emergency in case of failure of constitutional machinery in a State
• Financial Emergency

15. Write any five qualifications to be a candidate for the office of the President of India.

Answer: Five qualifications to be a candidate for the office of the President of India:

• He must be a citizen of India.
• He must be above 35 years of age.
• He must possess all qualifications prescribed for election as a member of the Lok Sabha.
• He must not hold any office of profit either under the Central or the State Governments.
• He should not be a member of any House of the Union Parliament or State Legislature (Art. 59).

16. Mention five legislative powers of the President.

Answer: Five legislative powers of the President:

(a) The President has the power to summon and prorogue the sessions of the Parliament. He may dissolve the Lok Sabha. The President may call a joint session of the Parliament in case of a deadlock between the two Houses on a non-money bill.

(b) The President has the power to address or send messages to the Parliament. He delivers an address to a joint session of both the Houses of the Parliament in the first session of every year. This is called his inaugural address. He may send messages to the Parliament.

(c) No bill passed by the Parliament can become an act without the assent of the President. The President has veto powers over the bills. In the case of non-money bill, he may give his assent or withhold it, or return the bill for reconsideration. He cannot withhold his assent in case it is readopted by the Parliament. Thus, his veto power is suspensive or limited.

(d) Money bills can be introduced in the Lok Sabha with the permission of the President. A bill for the alteration of the boundary of a state shall be introduced in the Parliament on the recommendation of the President.

(e) The President can issue an ordinance when the Parliament is not in session. An ordinance has the force of law. An ordinance is generally issued in case of urgent necessity. The ordinance will remain in force for six weeks after the session of Parliament begins again.

17. Write three financial powers of the President.

Answer: Three financial powers of the President:

• Money bill cannot be introduced in the Lok Sabha without the recommendation of the President.
• He has to see that the annual budget is laid in the Parliament in time.
• There is a Contingency Fund at the disposal of the President of India. He may make advance out of it to meet unforeseen expenditure pending its authorisation by the Parliament.

18. Mention three qualifications to be a candidate for the office of the Vice-President.

Answer: Three qualifications to be a candidate for the office of the Vice-President:

• He must be a citizen of India.
• He should not be less than 35 years of age.
• He should be eligible for election to the Rajya Sabha.

19. Mention five functions of the Prime Minister of India.

Answer: Five functions of the Prime Minister of India:

• Formation of the Council of Ministers
• Head of the Council of Ministers
• Distribution of Portfolios
• Changes in the Council of Ministers
• Head of the Cabinet

20. Mention five important functions of the Cabinet Ministry as a real executive of a State.

Answer: Five important functions of the Cabinet Ministry as a real executive of a State:

• Policy of State Administration
• Recruitment Policy
• Proposals for Legislation
• Preparation of Budget
• Session of Legislature

21. Mention elements of the State executive.

Answer: The State Executive consists of the Governor, the Council of Ministers headed by the Chief Minister and the non-political permanent officials.

22. Write executive power of the Governor.

Answer: The executive power of the Governor are:

(i) All executive actions of the State Government are taken in his name. He makes rules for government business and allocates work among ministers.

(ii) He appoints the Chief Minister and other ministers on the advice of the Chief Minister. He administers their oath of office and secrecy and accepts their resignations. Ministers remain in office during his pleasure.

(iii) He appoints high officials of the State, including the Advocate General and members of the State Public Service Commission. He is consulted by the President for High Court judge appointments.

(iv) The Chief Minister must inform him about state administration. He may call for information and submit decisions of individual ministers for the Council of Ministers’ consideration.

(v) He sends reports to the President regarding the breakdown of constitutional machinery in the State and recommends the imposition of emergency under Article 356. During State Emergency, he acts as the agent of the Union Government.

(vi) He acts as the Chancellor of State Universities.

23. Mention three legislative powers of the Governor.

Answer: Three legislative powers of the Governor:

(i) He summons and prorogues the State Legislature. He can dissolve the Legislative Assembly at any time.

(ii) He may nominate one member of the Anglo-Indian Community to the Legislative Assembly if there are Anglo-Indian people in a State and they have no representation in the State Legislative Assembly. He may nominate about 1/6 members of the Legislative Council (the Vidhan Parishad) from among persons having special knowledge or experience in the fields of science, literature, arts, social service and co-operative movement.

(iii) He may decide a matter relating to the disqualification of a member of the State Legislature in consultation with the Election Commission.

24. Write five financial powers of the Governor.

Answer: Five financial powers of the Governor:

(i) No money bill can be introduced in the State Assembly without his permission.

(ii) The Contingency Fund of the State is placed at his disposal. He can make advances out of it to meet unforeseen expenditures pending its authorisation by the State Legislature.

(iii) The Governor is responsible for getting the Annual Budget prepared and laid before the State Legislature.

(iv) No demand for grant from the State Revenue can be made except with the consent of the Governor.

(v) Money bills must be assented to by the Governor. He cannot withhold assent from them. He must see that the report of the Auditor-General is laid before the State Legislature.

25. Point out four discretionary powers of the Governor.

Answer: Four discretionary powers of the Governor:

(i) The Governor of Assam has discretionary powers in regard to the administration of tribal areas of the State.

(ii) In case, the President appoints a Governor as Administrator of an adjoining Union Territory, he shall exercise his functions independently.

(iii) The Governor of Nagaland has been entrusted with responsibilities to be discharged vide his discretionary power in order to combat violent activities by the hostile elements.

(iv) He can dissolve the Legislative Assembly on the advice of the defeated or non-defeated Chief Minister. He can exercise his discretion in this regard.

26. Mention four functions of the Union Council of Ministers.

Answer: Four functions of the Union Council of Ministers:

• Policy formulation
• Administration
• Legislation
• Financial Powers

27. How is the State Council of Ministers constituted?

Answer: Under Article 164 of the Constitution the Governor appoints the Chief Minister. Other ministers are appointed by the Governor on the advice of the Chief Minister. The leader of the majority party of the Legislative Assembly is appointed as the Chief Minister. All the ministers, including the Chief Minister must be the members of the State Legislature. If a minister is not a member of the State Legislature at the time of his appointment, he must be so within a period of 6 months from the date of his taking over charge as minister. If he is not elected to the legislature during this period, he will have to vacate his office.

28. Write five functions of the State Council of Ministers.

Answer: Five functions of the State Council of Ministers:

• Policy of State Administration
• Recruitment Policy
• Proposals for Legislation
• Preparation of Budget
• Session of Legislature

29. Explain five discretionary powers of the Governor.

Answer: Five discretionary powers of the Governor:

(i) The Governor of Assam has discretionary powers in regard to the administration of tribal areas of the State.

(ii) In case, the President appoints a Governor as Administrator of an adjoining Union Territory, he shall exercise his functions independently.

(iii) The Governor of Nagaland has been entrusted with responsibilities to be discharged vide his discretionary power in order to combat violent activities by the hostile elements.

(iv) He can dissolve the Legislative Assembly on the advice of the defeated or non-defeated Chief Minister. He can exercise his discretion in this regard.

(v) He seeks instructions from the President before promulgating an ordinance dealing with certain important matters.

30. Under which three Articles, three different kinds of emergency can be imposed by the President of India?

Answer: Three different kinds of emergency can be imposed by the President of India under Articles 352, 356 and 360.

31. Mention three important discretionary powers of the Governor of Assam.

Answer: Three important discretionary powers of the Governor of Assam:

• The Governor of Assam has discretionary powers in regard to the administration of tribal areas of the State.
• He can dissolve the Legislative Assembly on the advice of the defeated or non-defeated Chief Minister. He can exercise his discretion in this regard.
• He seeks instructions from the President before promulgating an ordinance dealing with certain important matters.

32. What are the official head of the Nation and the head of the Government of India?

Answer: The President of India is the official head of the Nation and the Prime Minister of India is the head of the Government of India.

33. Who elects the President of India and how?

Answer: The President of India is indirectly elected. Article 54 deals with the procedure for the election of the President of India. The President is elected by an electoral college. The electoral college consists of the elected members of both Houses of Parliament and the Legislative Assemblies of the States.

34. How is the Vice-President of India elected?

Answer: There is an ‘Electoral College’ for the election of the Vice-President. The ‘electoral college’ consists of the members of the Lok Sabha and the Rajya Sabha. The nominated members of the Lok Sabha and the Rajya Sabha can take part in the election of the Vice-President.

35. How does the ‘Electoral College’ for the Presidential election form?

Answer: The ‘Electoral College’ for the Presidential election consists of the elected members of both Houses of Parliament and the Legislative Assemblies of the States.

36. When and under what circumstance, and by which Article the National Emergency can be proclaimed by the President of India?

Answer: Article 352 of the Constitution empowers the President to declare ‘national emergency’. He must be satisfied that a serious situation has arisen, or is likely to arise, threatening the security of the country by war, external aggression or armed rebellion.

37. Write two judicial powers of the Governor.

Answer: Two judicial powers of the Governor:

• He has certain powers relating to the organisation of the State Judiciary in consultation with the High Court. He regulates their promotion and transfer.
• He has the power of granting pardon to the persons convicted by the courts of law or remitting or commuting their sentence. The offence must come under a law relating to matters lying within the executive competence of the State Government. He can suspend the execution of a person sentenced to death, but he cannot grant him pardon.

38. Write two qualifications to be the Governor of the State.

Answer: Two qualifications to be the Governor of the State:

• He must be a citizen of India.
• He must not be less than 35 years of age.

39. Mention two conditions of service of the Governor.

Answer: Two conditions of service of the Governor:

• He cannot be a member of either House of the Parliament or of a House of the Legislature of any State.
• He shall not hold any other office of profit.

40. How does the Governor exercise Discretionary Powers?

Answer: The Constitution of India is not very specific about the discretionary powers of the Governor. Previously, it was considered to be a drafting anomaly. Article 163 (2) is silent as to what are the discretionary powers of the Governor. The Governor will decide when to act according to his discretion. His decision cannot be challenged in a court of law. The Governor cannot exercise discretionary powers when the State Council of Ministers is supported by the majority of the members of the Legislative Assembly. There is no laid down principle for the exercise of this power. It may lead to difficulties. Some principles should be evolved for the proper exercise of these powers. As far as practicable, these powers should not be exercised by the Governor. It will make the foundation of democracy strong.

41. Name two categories of ministers in the State Ministry.

Answer: Two categories of ministers in the State Ministry:

• Cabinet Ministers
• Ministers of State

42. Who appoints the Chief Minister? What is his term of office?

Answer: Article 164(1) lays down that the Chief Minister shall be appointed by the Governor. The Governor appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister. The Chief Minister has no fixed term of office. According to the Constitution, he remains in office during the pleasure of the Governor. But really, he remains in office as long as he is supported by the majority of the members of the State Legislative Assembly.

43. Mention two special powers of the Rajya Sabha.

Answer: Two special powers of the Rajya Sabha:

• The power to initiate a resolution for the creation of one or more All India Services common to the Union and the States.
• The power to approve proclamations of Emergency issued by the President under Article 352, if the Lok Sabha is not in session.

44. How the size of the Council of Ministers was limited by the 91st Amendment Act (2003)?

Answer: Under the 91st Amendment Act of the Indian Constitution, the total number of ministers in a state ministry or in the Union Council of Ministers (including The Chief Minister or the Prime Minister as the case may be) shall not be more than 15% of the members of Lower House of the legislature. But the strength of the ministry in a state shall not be less than 12.

Objective Type

1. In which country does Plural Executive exist?

Answer: Russia and Switzerland

2. Write the name of the country where the semi-presidential system exists?

Answer: France, Russia, Sri Lanka

3. In which country is a single executive found?

Answer: India

4. Choose the correct answer: In which of the following countries the head of the executive is nominal?

(a) India (b) Iran (c) U.S.A. (d) France.

Answer: (b) England

5. In which of the following countries is the head of the executive real?

(a) India (b) England (c) U.S.A. (d) Switzerland

Answer: (c) U.S.A.

6. Who was the first Prime Minister of Independent India?

Answer: Jawaharlal Nehru

7. Who formulates the Council of Ministers?

Answer: Prime Minister

8. Who is the link between the Council of Ministers and the President?

Answer: Prime Minister

9. Who distributes portfolios among the ministers?

Answer: President on the advice of the Prime Minister

10. Who presides over the meetings of the Union Council of Ministers?

Answer: Prime Minister

11. Write any two functions of Bureaucracy.

Answer:

• It is the permanent brain trust of the government.
• The efficient execution of policies and enforcement of laws depend on the civil servants.

12. Mention two characteristics of Bureaucracy.

Answer:

• The members of the bureaucracy are personally free and subject to authority only with respect to their impersonal official obligations.
• They are organised in a clearly defined hierarchy of the offices.

13. Write a short note on Bureaucracy in Independent India.

Answer: The ICS was renamed as Indian Administrative Service. There are at present three types of services: All India Services, Central Services and State Services. All India Services and Central Services are operated by the Union Government. The most important All India Services are the Indian Administrative Services, the Indian Police Service and the Indian Foreign Service. Some of the Central Services are Indian Customs and Excise Service, Indian Audit and Accounts Service, Income Tax Officers Service etc. Recruitment to these services are made as per the recommendations of the Union Public Service Commission. The State Services are under the control of the State Governments. Recruitment to State Services are made as per the recommendations of the State Public Service Commission. The constitution of India had made provision for the recruitment to various services of the centre and states.

14. Who administers the oath of office to the President?

Answer: Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court

15. Who administers the oath of office to the Vice-President?

Answer: President, or some person appointed in that behalf by the President

16. Who is the Head of the Government of India?

Answer: Prime Minister

17. What is the minimum age to be the President of India?

Answer: 35 years

18. Is there any maximum age limit of the President?

Answer: No

19. Who is the Chairman of the Council of States?

Answer: Vice-President of India

20. Who presides over a joint-session of the Parliament?

Answer: President

21. Can the salary of the President be reduced?

Answer: No

22. What do you mean by the Central Executive of India?

Answer: The President of India

23. Which Article of the Indian Constitution provides for President’s Rule?

Answer: Article 356

24. Which Article of the Constitution of India provides for Financial Emergency?

Answer: Article 360

25. Who is the ex-officio Chairman of the Rajya Sabha?

Answer: Vice-President of India

26. Mention two legislative powers of the President of India.

Answer:

• The President has the power to summon and prorogue the sessions of the Parliament. He may dissolve the Lok Sabha. The President may call a joint session of the Parliament in case of a deadlock between the two Houses on a non-money bill.
• The President has the power to address or send messages to the Parliament. He delivers an address to a joint session of both the Houses of the Parliament in the first session of every year. This is called his inaugural address. He may send messages to the Parliament.

27. What is the minimum age limit to be elected as the President of India?

Answer: 35 years of age

28. Who is the first citizen of India?

Answer: President of India

29. Who appoints the Chief Minister of a State?

Answer: Governor

30. Which Article of the Constitution of India provides for ‘President’s Rule’ in a State?

Answer: Article 356

31. Which Article of the Indian Constitution provides for National Emergency?

Answer: Article 352

32. The President presides over the joint-session of Parliament.

Answer: True

33. Is the President of India compelled to act according to the advice of the Council of Ministers?

Answer: Yes

34. The President cannot be removed from his office.

Answer: False

35. Can the Governor declare emergency?

Answer: No

36. The Governor can be removed by the State Cabinet.

Answer: False

37. The Ministers remain in office during the pleasure of the Governor.

Answer: True

38. The Governor must sign a money bill.

Answer: True

39. The Governor can dissolve the Legislative Council.

Answer: False

40. Who is the real executive in India?

Answer: Council of Ministers headed by the Prime Minister

41. The Governor has discretionary powers.

Answer: True

42. The Governor is a member of the State Legislature.

Answer: False

43. The Chief Minister will decide whether a bill is a money bill or not.

Answer: False

44. Mention two discretionary powers of the President of India.

Answer: The Constitution of India does not mention any discretionary powers of the President.

Fill In the blanks

1. ………………………… of India is the ex-officio chairman of the Rajya Sabha.

Answer: Vice-President

2. There are …………… States in India.

Answer: 28

3. There are …………… Union Territories in India.

Answer: 8

4. The Governor is appointed by the …………….

Answer: President

5. A Governor can be dismissed by the …………….

Answer: President

6. The Chief Minister can be dismissed by the …………….

Answer: Governor

7. ………………………… is the Head of the Government in India.

Answer: Prime Minister

Multiple Choice

1. Who is the Head of the State of India?

(a) President (b) Vice-President (c) Prime Minister (d) Speaker of the Lok Sabha

Answer: (a) President

2. The minimum age to be the President of India is?

(a) 25 (b) 30 (c) 35 (d) 40

Answer: (c) 35

3. Who is the Chairman of the Rajya Sabha?

(a) Law Minister (b) President (c) Vice-President (d) Prime Minister

Answer: (c) Vice-President

4. Who presides over the joint session of the Union Parliament?

(a) President (b) Vice-President (c) Prime Minister (d) Speaker of the Lok Sabha

Answer: (a) President

5. How many kinds of emergency powers can be exercised by the President?

(a) 2 (b) 3 (c) 4 (d) 5

Answer: (b) 3

6. The minimum age to be the Prime Minister of India is?

(a) 18 (b) 21 (c) 25 (d) 30

Answer: (c) 25

7. The government of a state is carried on in the name of the?

(a) Chief Minister (b) Chief Secretary (c) Governor (d) State Council of Ministers

Answer: (c) Governor

8. Who has discretionary powers under the Constitution of India?

(a) Chief Minister (b) Governor (c) State Cabinet (d) Prime Minister

Answer: (b) Governor

9. The Governor holds office during the pleasure of the?

(a) State Legislature (b) Parliament (c) President (d) Chief Secretary

Answer: (c) President

10. The salary of a Governor is determined by the?

(a) Union Cabinet (b) Union Parliament (c) President (d) Prime Minister

Answer: (b) Union Parliament

11. The executive power of the state is vested upon the Governor under Article?

(a) 153 (b) 154 (c) 155 (d) 156

Answer: (b) 154

12. “The Governor is a bird in the golden cage.”- Who said this?

(a) Fazal Ali (b) Dharam Vir (c) Sarojini Naidu (d) L.P. Singh

Answer: (c) Sarojini Naidu

13. The Governor appoints the Chief Minister under article?

(a) 163 (b) 164 (c) 165 (d) 166

Answer: (b) 164

14. The State Cabinet is presided over by the?

(a) Governor (b) Chief Minister (c) Chief Secretary (d) Prime Minister

Answer: (b) Chief Minister

15. The Governor of a State is appointed by the?

(a) Chief Minister (b) President (c) Prime Minister (d) Home Minister

Answer: (b) President

16. Which amendment of the Constitution brought about the Union Territories?

(a) 6th (b) 7th (c) 8th (d) 9th

Answer: (b) 7th

Textual Questions

1. A parliamentary executive means:

Answer: Executive that is dependent on support of the majority in the parliament

2. Read this dialogue. Which argument do you agree with? Why?

Amit: Locking at the constitutional provisions, it seems that the President is only a rubber stamp.
Shama: The President appoints the Prime Minister. So, he must. have the powers to remove the Prime Minister as well.
Rajesh: We don’t need a President. After the election, the the Prime Minister.

Answer: Amit: Looking at the constitutional provisions, it seems that the President is only a rubber stamp.

3. Match the following:

(i) Works within the particular State in which recruited	(a) Indian Foreign Service
(ii) Works in any central government office located either at the national capital or elsewhere in the country	(b) State Civil Services
(iii) Works in a particular State to which allotted; can also be sent on deputation to the centre	(c) All India Services
(iv) Works in Indian missions abroad	(d) Central Servtces

Answer: (i) – (b)
(ii) – (d)
(iii) – (c)
(iv) (a)

4. Identify the ministry which may have released the following news items. Would this be a ministry of the central government or the State government? Why?

Answer: (a) An official release said that in 2010-11 the Assam Textbooks Corporation would release new versions for standards VIII, IX and X.

• Ministry: State Government
• Reason: Education is a state subject.

(b) A new railway loop line bypassing the crowded Tiruvallur-Chennai section to help iron ore exporters. The new line likely to be about 80 k.m. long will branch off at Puttur and then reach Athipattu near the port.

• Ministry: Central Government
• Reason: Railways are a central subject.

(c) The three-member sub-divisional committee formed to verify suicide by farmers in Ramayampet Mandal has found that the two farmers who committed suicide this month have had economic problems due to failure of crops.

• Ministry: State Government
• Reason: Agriculture is a state subject.

5. While appointing the Prime Minister, the President selects:

Answer: Leader of the alliance or party that has the support of the majority in Lok Sabha

6. Read this discussion and say which of these statements applies most to India.

Answer: Bobby: Prime Minister has to consider the expectations of the party members and other supporters of the government. But after all, the Prime Minister has a greater say in policy making and in choosing the ministers.

7. Why do you think the advice of the Council of Ministers is binding on the President? Give your answer in not more than 100 words.

Answer: The advice of the Council of Ministers is binding on the President to ensure that the executive remains accountable to the elected representatives of the people, thereby upholding the democratic principle of collective responsibility. This prevents the President from acting independently of the parliamentary majority, ensuring that the real executive power lies with the Council of Ministers who are responsible to the Lok Sabha. This system maintains the balance of power and checks within the government.

8. The parliamentary system of executive vests many powers in the legislature for controlling the executive. Why do you think it is necessary to control the executive?

Answer: It is necessary to control the executive to prevent the abuse of power and ensure that the executive acts in accordance with the will of the people as expressed through their elected representatives. Legislative control over the executive maintains checks and balances, promotes transparency, and ensures that the government remains accountable for its actions. This helps in preventing authoritarianism and safeguarding democratic governance.

9. It is said that there is too much political interference in the working of the administrative machinery. It is suggested that there should be more and more autonomous agencies which do not have to answer to the ministers.

Answer: (a) Do you think this will make administration more people-friendly?

• It might make administration more efficient by reducing political interference, but it might not necessarily make it more people-friendly, as bureaucratic agencies can become detached from public needs without proper oversight.

(b) Do you think this will make administration more efficient?

• Yes, reducing political interference can make administration more efficient by allowing professionals to make decisions based on expertise and merit.

(c) Does democracy mean full control of elected representatives over the administration?

• Democracy means a balance where elected representatives provide oversight and ensure accountability, but it does not mean complete control over day-to-day administrative functions, which should be handled by skilled bureaucrats.

10. Write an essay of two hundred words on the proposal to have an elected administration instead of an appointed administration.

Answer: Proposal for an Elected Administration: A Shift Towards Greater Democracy

The proposal to replace an appointed administration with an elected one aims to enhance democratic governance by giving citizens a direct voice in selecting their leaders. Advocates argue that elected administrations are more accountable to the public, as officials are directly answerable to voters and can be replaced if they fail to meet expectations. This system is believed to foster greater transparency, responsiveness, and alignment with the electorate’s needs and preferences.

Moreover, an elected administration can enhance public trust in government by ensuring that leaders are chosen based on merit and public support rather than political connections or appointments. This can lead to more representative and inclusive governance, reflecting the diverse views and interests of the community.

However, critics contend that the election process can introduce challenges such as increased political polarization and the influence of money in politics. Campaigns can be costly and time-consuming, potentially disadvantaging candidates without substantial financial backing. There is also a risk of populism, where leaders focus on short-term, popular measures rather than long-term, sustainable policies.

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