SECOND DRAFT OF THE PBL:

1.Introduction

India has a parliamentary system wherein the executive is answerable to the legislature.
The heads of ceremony are the President and the Council of Ministers headed by the Prime
Minister.
Centre-state relations are very important in a federal set up like India, keeping a balance in
terms of distribution of powers between the Union and the States.
The Constitution of India gives detailed structure for administering the powers and
obligations.

2. President of India

Constitutional Position: The President is the first citizen of India and the head of state in the
nominal sense. The vast powers of the office are performed directly by the Council of
Ministers through the Prime Minister.

Executive Authorities:

Appoints the Prime Minister, other ministers, and key functionaries (Judges of Supreme
Court, Governors, etc.

He supervises the administration of the Union Territories and takes the mantle of state
governance if President's rule is imposed.

Legislative Powers:

He summons and prorogues Parliament and has the authority to dissolve Lok Sabha.

The President addresses Parliament at the beginning of the first session after every general
election.
Assent to bills: A bill passed by Parliament becomes a law only after the assent of the
President.

Judicial Powers:

He grants pardons, reprieves, respites, or commutations for sentences, especially the sentence
of death.
The president appoints judges to the higher judiciary based on the advice of the Prime
Minister and consultation with the judiciary.

Military Powers: Supreme Commander of the Armed Forces, though real control rests with
the Prime Minister and Defence Minister.

Diplomatic Powers: Represents India in international matters, receives foreign dignitaries,

Election Process: The President is elected indirectly by an Electoral College comprising

Must win more than 50% of votes based on proportional representation with a single
transferable vote.

Impeachment:

The President can be impeached for violation of the Constitution. The process of
impeachment requires a two-thirds majority in both Houses of Parliament.
Council of Ministers:

3. The Council of Ministers as a whole is responsible to the Lok Sabha.

There are three levels of ranking of the ministers: Cabinet Ministers, Ministers of State, and
Deputy Ministers. They ranked so and have different things to play.

The decisions made by the cabinet bind every cabinet member. Therefore, all those who are
dissenting to its decision should either assume it or resign from their posts.

Role of the Prime Minister:

The prime minister is the head of the government and leads the executive in the government.

They advise the president on key appointments. Further, they are responsible for forming and
leading the Council of Ministers.

Acts as a link between the President and the Cabinet, and between Parliament and the
executive.

Formulates and implements policies, presides over Cabinet meetings, and represents the
nation at international conferences.

Powers and Functions:

The Council of Ministers formulates policies, introduces legislation to Parliament, and

Ministers serve as heads of several departments or ministries and oversee the execution of
their respective departments or portfolios.
The Indian legislature is a bicameral one, consisting of two chambers: the Lok Sabha (House
of the People) and the Rajya Sabha (Council of States).

Members of the Lok Sabha are directly elected, while the members of the Rajya Sabha are
elected by the State Legislative Assemblies.

Legislative Procedure:

Introduced in either house of Parliament except the money bills which must be introduced in
the Lok Sabha.

Once both houses have passed the bill, it is sent to the President for assent; upon the
President's assent, it becomes law.

Executive-Legislative Relationship:

The executive, namely the Council of Ministers is accountable to the legislature.

The parliament holds the government responsible through no-confidence motions,

5. Role of Vice President

Constitutional Role:

The Vice President is the second-highest constitutional office in India.

He is the ex-officio Chairman of the Rajya Sabha, which means that business is conducted
smoothly in the Upper House.
Powers and Functions:

He has a legislating power when there is a tie in the Rajya Sabha since he can cast a vote.

He acts as the President in case the President is unavailable due to resignation or death of the
President.

Election Process:

He is elected by an Electoral College consisting of members of both Houses of Parliament.

The Vice President serves a term of five years but can run again.

6. Judicial Powers of the Executive

Pardoning Powers:

The Constitution has conferred upon the President the power to grant pardons, reprieves, and
commutations in certain cases.
Pardoning powers assume paramount importance in death penalty matters and in cases
relating to military law.

Advisory Role of the Supreme Court:

The President can seek an advisory opinion from the Supreme Court on constitutional matters
under Article 143.

Although not a constitutional judgment of the court, it is so important for constitutional

Legislative Relations:

The Seventh Schedule has dealt with the division of legislative powers. There are three lists:
Union List, State List, and Concurrent List.

The Parliament solely enjoys authority on the Union List while the States have sole authority
on the State List. The Concurrent List is that upon which both share.

The Union government can issue instructions to States regarding matters such as constructing
infrastructure or implementing central laws.

The Governor is the Union's representative in a state. He is appointed by the President.

Financial Relations:

Constitutional bodies like the Finance Commission are responsible for dividing financial
powers.

The Union can collect taxes such as income tax. On the other hand, States have the right to
collect taxes such as sales tax.

Article 352. When the President declares a state of war, or external aggression or armed
rebellion, the Fundamental Rights are suspended in these circumstances.

Emergency of the State or President's Rule

Declared by the President under Article 356 of the Constitution when the governance of a
state cannot be carried out as per the provisions of the Constitution.

The President takes direct control over the administration of the state.
Economic Emergency:

Declared when there is a threat to the financial stability of India under Article 360.

During this period, the Union can control the financial operations of the states.

9. Governor and State Executive

Role of the Governor:

A governor is the nominal head of the state appointed by the President for five years.

The role of the governor is almost ceremonial but he has certain discretionary powers when
the state is in its emergency or political uncertainty.

Powers in State Administration:

The Governor can defer bills for the decision of the President and can even advise imposition
of President's Rule.
Acts as a bridge between the Union and the State.

10. Role of Constitutional Bodies

Election Commission:
A free and fair constitutional body for conducting elections.

Conducts elections to the Parliament, state legislatures and offices of the President and the
Vice President.
Finance Commission:

Makes recommendations for the division of tax revenues between the Centre and the States.

Plays an extremely important role in sustaining financial concord in a federal form of

11. Conclusion

The President, Council of Ministers, and the Centre-State relationship is the foundation of the
governance structure of India.
Equal division of power between the executive, legislature, and the judiciary, and between the
Centre and States gives the country a smooth run.
These provisions reflect the need for both strong central authority and autonomy for states,
with the federal structure of India being maintained.