Executive Power

Executive Power refers to the authority of the government to enforce laws and administer the state. As per the concept, it is vested in the Executive Branch, typically headed by a President or Prime Minister. Article 53 of the Indian Constitution states that the executive power of the Union is vested in the President, but it is exercised by the Council of Ministers headed by the Prime Minister as per Article 74.

In practice, the President is the head of state, representing India internationally and appointing key officials. However, the real executive authority is wielded by the Council of Ministers, headed by the Prime Minister. The Council of Ministers aids and advises the President, and the President is generally bound by this advice. The Prime Minister is responsible for the day-to-day administration.

The key provisions include:

• •The executive power of the Union is vested in the President (Article 53), but exercised by the Council of Ministers headed by the Prime Minister (Article 74).
• •The President is the head of state and appoints key officials.
• •The Council of Ministers aids and advises the President.
• •The Prime Minister is the head of government and responsible for day-to-day administration.
• •Executive power extends to matters on which Parliament can make laws (Article 73).

Executive power is checked by the Legislative Branch (Parliament), which makes laws, and the Judicial Branch (Courts), which interprets laws. The President is generally bound by the advice of the Council of Ministers. The scope of judicial review of executive actions also acts as a limitation.

Historically, monarchs held absolute executive power. With the rise of democracy, this power was gradually limited and distributed among different branches of government. The idea of separation of powers, championed by thinkers like Montesquieu in the 18th century, became central to modern constitutionalism. In India, the Government of India Act, 1935, laid the groundwork for a parliamentary system with an executive accountable to the legislature.

Executive Power is crucial for the effective functioning of the government and the well-being of the citizens. It ensures the implementation of policies, management of government departments, conduct of foreign relations, and maintenance of law and order. It is the arm of the government that puts laws into action.

Challenges include the increasing use of ordinances, which can bypass legislative scrutiny, and contentious issues regarding the scope of judicial review of executive actions, particularly in matters of national security. Maintaining a balance between executive efficiency and accountability is a constant challenge.

A common misconception is that the President is the real executive authority. While the executive power is vested in the President, it is exercised by the Council of Ministers headed by the Prime Minister. Another misconception is that the executive is all-powerful; it is subject to checks and balances by the legislature and judiciary.

Questions frequently appear on the powers and functions of the President and Prime Minister, the relationship between the executive and the legislature, and the scope of judicial review of executive actions. Understanding the constitutional provisions and recent developments related to executive power is crucial.

Suggested reforms often focus on improving transparency and accountability in executive decision-making, reducing the reliance on ordinances, and strengthening the mechanisms for judicial review. Some experts also suggest reforms to ensure better coordination between the executive and the legislature.

Important articles include Article 53 (Executive power of the Union), Article 74 (Council of Ministers to aid and advise President), Article 77 (Conduct of business of the Government of India), and Article 73 (Extent of executive power of the Union).

India follows a parliamentary system where the executive is drawn from the legislature and is accountable to it. This is different from a presidential system like in the United States, where the executive is separate from the legislature. The Indian President is a constitutional head, while the US President is both head of state and head of government.