Executive




The Executive part of the Indian Constitution, which deals with the executive branch of the government, is defined in Part V (The Union) and Part VI (The States). It lays out the roles, powers, and responsibilities of the President, Vice-President, Governors, Council of Ministers, and Attorney General of India, among others. Below is a structured table listing every relevant Article that governs the Executive in India, with a brief explanation of each Article.




Part V: The Union (Executive)
ArticleProvision
52The President of India: The head of the state of the Union of India.
53Executive power of the Union shall be vested in the President.
54Election of the President: Outlines the method for electing the President.
55Manner of election of the President: Details the process and formula used.
56Term of office of President: The President holds office for a term of five years.
57Eligibility for re-election: President is eligible for re-election.
58Qualifications for election as President.
59Conditions of the President's office: Remuneration and other conditions.
60Oath or affirmation by the President.
61Procedure for impeachment of the President.
62Time of holding election to fill vacancy in the office of President.
63The Vice-President of India.
64The Vice-President to be ex officio Chairman of the Council of States (Rajya Sabha).
65The Vice-President to act as President or discharge his functions during vacancies.
66Election of Vice-President.
67Term of office of Vice-President.
68Time of holding election to fill vacancy in the office of Vice-President.
69Oath or affirmation by the Vice-President.
70Discharge of President’s functions in other contingencies.
71Matters relating to, or connected with, the election of a President or Vice-President.
72Power of the President to grant pardons, etc., and to suspend, remit, or commute sentences.
73Extent of executive power of the Union.
74Council of Ministers to aid and advise the President.
75Other provisions as to Ministers: Appointments, tenure, salaries, etc.
76Attorney-General for India: Appointment, duties, and powers.
77Conduct of business of the Government of India.
78Duties of the Prime Minister regarding furnishing information to the President.


Part VI: The States (Executive)

ArticleProvision
153Governors of States: Each State shall have a Governor.
154Executive power of the State shall be vested in the Governor.
155Appointment of Governor: The Governor of a State shall be appointed by the President.
156Term of office of Governor: The Governor holds office at the pleasure of the President.
157Qualifications for appointment as Governor.
158Conditions of the Governor's office.
159Oath or affirmation by the Governor.
160Discharge of the functions of the Governor in certain contingencies.
161Power of Governor to grant pardons, etc., and to suspend, remit, or commute sentences.
162Extent of executive power of the State.
163Council of Ministers to aid and advise the Governor.
164Other provisions as to Ministers: Appointments, tenure, salaries, etc.
165Advocate-General for the State: Appointment, duties, and powers.
166Conduct of business of the Government of a State.
167Duties of Chief Minister regarding furnishing information to the Governor.

Overview and Key Features of the Executive

  1. Executive Power of the Union and States:

    • The executive power of the Union is vested in the President (Article 53), and that of the States is vested in the Governor (Article 154). However, both act based on the aid and advice of their respective Councils of Ministers.
  2. The President:

    • The President of India holds significant ceremonial powers, and some real executive powers, but most decisions are taken by the Prime Minister and the Cabinet.
    • The President can grant pardons and commute sentences (Article 72).
    • The President’s term is five years (Article 56), and the election process is outlined in Article 54.
  3. The Vice-President:

    • The Vice-President is also the ex-officio Chairman of the Rajya Sabha and can act as President in certain circumstances (Articles 63-67).
  4. Governor of a State:

    • The Governor acts as the executive head of each state and holds similar powers to those of the President at the state level (Articles 153-162).
    • The Governor appoints the Chief Minister and the Advocate General of the State (Articles 163, 165).
  5. Council of Ministers:

    • At the Union level, the Council of Ministers headed by the Prime Minister advises the President (Article 74).
    • Similarly, at the state level, the Chief Minister and the Council of Ministers aid and advise the Governor (Article 163).
  6. Attorney General and Advocate General:

    • The Attorney General for India (Article 76) and Advocate General for each state (Article 165) act as the highest legal advisors to their respective governments.

The Executive under the Indian Constitution is designed to function in a manner that upholds the principle of parliamentary democracy. The President and the Governors are the nominal heads, while the real power lies with the elected representatives (Prime Minister and Chief Ministers) and their Councils of Ministers. This structure ensures a balance of power between the executive and the legislature, with a strong emphasis on collective responsibility and accountability.

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