“In a broad and collective sense the executive organ embraces the aggregate or totality of all the functionaries which are concerned with the execution of the will of the State as that will has been formulated and expressed in terms of law”. – Dr. Garner

1. A presentation by Kushal Kumar Soni

2. “In a broad and collective sense the executive
organ embraces the aggregate or totality of all the
functionaries which are concerned with the
execution of the will of the State as that will has
been formulated and expressed in terms of law”. –
Dr. Garner

4.  The difference between the nominal/titular and real executives
is made only in a parliamentary system of government. In it, the
head of state, the President or the Monarch, is the nominal
executive and the Council of Ministers headed by the Prime
Minister is the real executive. All the powers are legally the
powers of the nominal executive but in practice these are
exercised by the real executive.
 The nominal executive is the ceremonial and dignified part of
the executive, whereas the real executive is its powerful part.

5. When the executive assumes office by the law of
hereditary succession, it is called the hereditary
executive. When the executive is directly or indirectly
elected by the people for a fixed period or even for
life, it is called the elected executive.

6. When all the executive powers are in the hands of
a single functionary/leader, it is called a single
executive.
When the executive powers are vested with a
group of persons or in a
committee/council/commission and these are
collectively exercised by all the members of this
commission/council, the executive is called the
Plural Executive.

7. Parliamentary
 (i) A close relationship between
legislature and executive and
members of the executive are also
members of the legislature,
 (ii) The members of political
executive is individually and
collectively responsible before the
legislature,
 (iii) The tenure of the political
executive is not fixed as it can be at
any time removed by the
legislature, and
 (iv) The legislative can be dissolved
by the executive.
Presidential
 (i) Separation of powers between
the executive and the legislature;
 (ii) The membership of the two
organs is incompatible i.e.
member of one cannot be a
member of the other;
 (iii) The executive is not
responsible to the legislature;
and
 (iv) Neither can dissolve nor
remove the other.

10. With the appointment of the Prime Minister, the
essential task of the President is over, for it is left to
the Prime Minister to select his Ministers and
present a list to the President. The President has no
other alternative but to appoint the Ministers as
recommended by the Prime Minister.

11. He has a free hand in assigning various departments
to his colleagues. It is for him to determine the size of
the Cabinet and the Ministers to be included in it. He
may even select ministers outside the rank if he feels
that a person is fit for a job.

12. The Prime Minister is the Chairman of the Cabinet
Committee. He convenes and presides over all the
meetings of the Cabinet. He is to fix the agenda of such
meetings. The Ministers are individually responsible to
him for the good administration of their respective
departments. The Prime Minister may warn advice or
encourage them in discharge of their functions. He is the
head of the Council of Ministers. He acts as the Chairman
of various standing and ad-hoc Committees of the
Cabinet.

13. The Prime Minister is the chief co-ordinator of
the policies of several Departments. In case of
conflicts between two departments, he acts as
the mediator. He irons out quarrels among
various Ministers and departments. He keeps
an eye on the working of all Departments of
the Government of India. He can ask for any
file from any Ministry for his perusal.

14. The Prime Minister is the sole adviser to the
President. The right to advice for dissolution of
the Lok Sabha rests with Prime Minister. The
President is expected to accept the advice of the
Prime Minister and not that of other Ministers.

15. The Prime Minister is the leader of the nation.
He is the chief spokesman of the Governmental
policies in the Parliament. All important policy
announcements are made by him in the
Parliament. He is the leader of the majority party
and as such he usually becomes the leader of the
House.

17. Head of the Union: The President is at the head
of the Union Executive. Consequently, all
executive powers are exercised in his name. The
executive power of the Union to be exercised by
the President is extended to the matters with
respect to which Parliament has power to make
laws and to conclude treaty and agreement.

18. Appointments: As head of the executive, the
President appoints the Governors of States, the
Judges of the Supreme Court and the High Courts,
the Auditor General of India and many other high
officials, such as the members of Finance
Commission, Election commission, Union Public
commission etc.

19. Appointment of the Prime Minister and other
Ministers: The President also appoints the Prime Minister and
with his advice the other Ministers of the Union Council of
Ministers. But here too, as in all other appointments, the
President can seldom use his discretion. He is, ordinarily, duty-
bound to summon the leader of the political party which
secures an absolute majority in the Lok Sabha to become the
Prime Minister and form the Ministry. He does enjoy some
discretionary powers in the matter only under exceptional
circumstances. When no single political party wins a clear
absolute majority and, as a result, no Council of Ministers can
be formed without a coalition of parties the President can
exercise his discretion judiciously in appointing the Prime
Minister. Such situations developed in the past.

20. Can ask to prove Majority in Lok Sabha: Union
Council of Ministers normally remains in office for five
years, unless dissolved earlier for any reason. The
President must be satisfied that the Council of
Ministers enjoys the confidence of the majority of the
Lok Sabha. In case of any doubt he can ask the
Council of Ministers to prove its majority in the Lok
Sabha.

21. Supreme Commander: As head of State,
the President is the supreme Commander
of the Armed Forces of India and is entitled
to declare war or conclude a treaty.

23.  regularly providing bureaucrats with the information they need to fulfil
their roles
 ensuring that advice from the administration considers the political
context which doesn’t mean playing politics but recognises that
advice can have political implications
 ensuring that council officers and councillors understand the
structure of local government and their roles in it
 providing support to the authorities when dealing with issues
 helping ensure that all bureaucrats have equal access to information
and resources

24. Providing appropriate support for good decision-making
processes
Developing processes for the major strategic planning
exercises which ensure bureaucrats have plenty of
opportunities for input
Recognising that politicians have a ‘representation’ role
and that they will be advocating for individuals or
communities at different times to ensure that the
appropriate and legitimate support and structures are in
place (this does not mean assisting councillors in any way
with electioneering).