Union and State Executive in India
Introduction
The executive is the branch of government responsible for implementing laws and administering governance. In India, the executive is divided into two levels:
1️⃣ Union Executive (Central Government) – Covers the President, Vice President, Prime Minister, Council of Ministers, and Attorney General of India.
2️⃣ State Executive (State Governments) – Covers the Governor, Chief Minister, Council of Ministers, and Advocate General of the State.
Both the Union and State executives function under a parliamentary system, meaning that the real power lies with the Council of Ministers, headed by the Prime Minister (at the Union level) or the Chief Minister (at the State level).
Union Executive (Articles 52-78)
The Union Executive consists of:
✅ The President (Article 52-62)
✅ The Vice President (Article 63-71)
✅ The Prime Minister and Council of Ministers (Article 74-75)
✅ The Attorney General of India (Article 76)
1. The President of India (Articles 52-62)
🔹 The President is the constitutional head (de jure executive), while the Prime Minister and the Council of Ministers exercise real power.
🔹 The President is the Supreme Commander of the Armed Forces and represents the unity and integrity of the nation.
Election of the President (Article 54-55)
🔹 Indirectly elected by an Electoral College consisting of:
✅ Elected MPs of Lok Sabha & Rajya Sabha
✅ Elected MLAs of State Legislative Assemblies
✅ Elected members of Union Territories with legislatures (e.g., Delhi, Puducherry)
🔹 The voting follows the proportional representation system with a single transferable vote.
Eligibility for President (Article 58)
✔️ Must be a citizen of India
✔️ Must be 35 years or older
✔️ Must be eligible for Lok Sabha membership
✔️ Must not hold any government office
Powers of the President
🔹 Executive Powers:
✅ Appoints Prime Minister, Governors, Chief Justice of India, Supreme Court & High Court Judges
✅ Administers Union Territories
🔹 Legislative Powers:
✅ Summons and dissolves Parliament (Article 85)
✅ Gives assent to bills (including veto power)
✅ Issues Ordinances (Article 123) when Parliament is not in session
🔹 Judicial Powers:
✅ Appoints Chief Justice and Judges
✅ Grants pardons, reprieves, respites, or remissions of punishment (Article 72)
🔹 Emergency Powers:
✅ National Emergency (Article 352) – In case of war, external aggression, or armed rebellion
✅ President’s Rule (Article 356) – If a state government fails to function
✅ Financial Emergency (Article 360) – If India faces a financial crisis
Impeachment of the President (Article 61)
🔹 The only constitutional functionary who can be impeached
🔹 Can be removed for violation of the Constitution
🔹 Requires a two-thirds majority in both Houses of Parliament
📌 Landmark Case: Kesavananda Bharati v. State of Kerala (1973) – Ruled that the President must act on the advice of the Council of Ministers.
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2. The Vice President of India (Articles 63-71)
🔹 Ex-officio Chairman of the Rajya Sabha
🔹 Elected by MPs of both Houses of Parliament
🔹 Acts as the President in case of vacancy until a new President is elected
3. The Prime Minister & Council of Ministers (Articles 74-75)
🔹 The Prime Minister is the real executive (de facto head)
🔹 The Council of Ministers aids and advises the President (Article 74)
🔹 Powers of the Prime Minister:
✅ Leader of Lok Sabha – Guides legislative decisions
✅ Head of Government – Allocates portfolios to ministers
✅ Foreign Policy – Represents India internationally
📌 Landmark Case: S.R. Bommai v. Union of India (1994) – Ruled that the President cannot dismiss a state government arbitrarily.
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4. The Attorney General of India (Article 76)
🔹 Legal advisor to the Government of India
🔹 Appointed by the President
🔹 Has the right to participate in Parliament but not vote
State Executive (Articles 153-167)
The State Executive consists of:
✅ The Governor (Article 153-162)
✅ The Chief Minister and Council of Ministers (Article 163-164)
✅ The Advocate General (Article 165)
1. The Governor (Articles 153-162)
🔹 Appointed by the President for a 5-year term
🔹 Acts as the constitutional head of the state
🔹 Can be removed by the President before the term ends
Powers of the Governor
🔹 Executive Powers:
✅ Appoints Chief Minister and other ministers
✅ Administers Union Territories if required
🔹 Legislative Powers:
✅ Summons and dissolves State Legislature
✅ Grants assent to bills
✅ Can reserve bills for the President’s consideration (Article 200)
🔹 Judicial Powers:
✅ Grants pardons, respites, and remissions for state laws (Article 161)
📌 Landmark Case: Shamsher Singh v. State of Punjab (1974) – Ruled that the Governor must act on the advice of the Council of Ministers.
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2. The Chief Minister & Council of Ministers (Articles 163-164)
🔹 The Chief Minister is the real executive at the state level
🔹 Advises the Governor and heads the State Council of Ministers
🔹 Powers of the Chief Minister:
✅ Leads the State Government
✅ Allocates portfolios to ministers
✅ Coordinates with the Union Government
📌 Landmark Case: A.R. Antulay v. R.S. Nayak (1988) – Established that Chief Ministers and Ministers are also accountable under the law.
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3. The Advocate General of the State (Article 165)
🔹 Legal advisor to the state government
🔹 Similar role as the Attorney General of India
🔹 Has the right to participate in State Legislature but cannot vote
Comparison: Union Executive vs. State Executive
| Feature | Union Executive | State Executive |
|---|---|---|
| Head | President | Governor |
| Real Power | Prime Minister & Council of Ministers | Chief Minister & Council of Ministers |
| Appointed By | Indirect election (President) | Direct appointment by President (Governor) |
| Legislative Role | Summons/Dissolves Parliament | Summons/Dissolves State Legislature |
| Emergency Powers | Can impose National & President’s Rule | Can recommend President’s Rule |
Conclusion
India follows a parliamentary system where the real executive power lies with the Prime Minister and Chief Ministers, while the President and Governors act as constitutional heads. The structure ensures a balance of power between the Union and the States, promoting federalism while maintaining national unity.
📌 “A strong executive is essential for a strong democracy, but it must function within the limits set by the Constitution.”
References:
- The Constitution of India, 1950
- Supreme Court judgments
- M.P. Jain, “Indian Constitutional Law”