Introduction

The Union Executive is a key component that facilitates the smooth operation of the
government. This cornerstone of the constitution, which is frequently veiled in ambiguity,
functions as the Union's executive branch and has the authority to determine a country's
course. Our attention is increasingly focused on dissecting the intricate systems and
authorities that are part of the Union Executive as we venture deeper into the field of
constitutional law.

Fundamentally, the Union Executive is the personification of power and accountability. This
assignment explores the core ideas that support the executive branch, removing the layers that
define its organizational structure and powers. We navigate the maze of constitutional
complexities, examining the responsibilities, capabilities, and constraints that define this
indispensable branch of government.

We start by breaking out the Union Executive's organizational structure. We journey through
the constitutional blueprints, grasping the subtle balance between the Head of State and the
Council of Ministers. By illuminating the roles allotted to each rung within the executive
apparatus, the assignment aims to demystify the hierarchical arrangements.

In addition, we also take a look at the authority granted to the Union Executive. This entails a
careful analysis of the executive's power to carry out and enforce laws, decide on policies,
and represent the country abroad. Examining the checks and balances woven into the
constitutional framework with a critical eye, we make sure that the powers granted to the
Union Executive stay within the parameters of democratic administration.

Structure of union executive

The exclusive authority for managing the state bureaucracy on a daily basis rests with the
executive arm of the government. The democratic ideal of the separation of powers rests on
the allocation of authority among several bodies of government. The following people make
up the Union executive:

The President in accordance with Article 52

The Vice-President, as specified in Article sixty-three
Article 74 governs the Council of Ministers, which is headed by the Prime Minister.
The Attorney General, in accordance with Article 76

Now let’s understand the powers of President the supreme authoritarian of union executive.

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The President

In accordance with the Constitution of India, the President holds a position of paramount
significance within the Union Executive. As outlined in Article 52, the President serves as the
ceremonial head of the nation and holds the highest office in the land. This distinguished role
comes with a multitude of responsibilities and powers.
The President's primary duties encompass the safeguarding and upholding of the
Constitution, symbolizing the unity and integrity of the nation. While the President's powers
are often exercised in accordance with the advice of the Council of Ministers led by the Prime
Minister, there are certain instances, as defined by the Constitution, where the President
exercises discretionary powers.

Election
As per Article 54 – the president shall be elected by the members of an electoral
college consisting of-
a. the elected members of both Houses of Parliament; and
b. the elected members of the Legislative Assemblies of the States.

The Indian Constitution states that the election of the President is a major and carefully
planned procedure intended to provide an impartial and democratic choice of the head of
state. Articles 54 to 60 of the Constitution contain specific regulations that regulate the
election.

The members of the Legislative Assemblies of the States and Union territories, as well as the
elected members of the Lok Sabha and Rajya Sabha, make up the Electoral College, which
selects the President of India in lieu of a direct popular vote. There is a proportionate
distribution of electoral influence because the representation from the States and Union
territories is decided by their respective populations.

Voters can express their choices for any candidate by using a single transferable vote system
to conduct the election. The person who wins the most Electoral College votes is proclaimed
the next president.

A candidate must meet the requirements outlined in the Constitution in order to be eligible for
the post of President. These include being an Indian citizen, having turned 35 years old, and
being qualified to run for office in the Lok Sabha.

The Indian presidential election is an example of the country's constitutional commitment to

representative democracy. It upholds the ideas of federalism and guarantees a wide mandate
from various parts of the nation.

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Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995).

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Qualification
The requirements that a person must fulfill in order to be eligible for election to the office of
President of India are listed in Article 58 of the Constitution:

a) The person has to be an Indian citizen.

c) The individual needs to be at least thirty-five years old.

c) The candidate needs to meet the requirements to run for the House of the People.

As a result, a candidate for president needs to be enrolled to vote in each legislative district.

Terms and Eligibility for re-election

The President serves a term of five years, as stipulated by Article 56 of the Constitution.
However, there are essential provisions regarding eligibility for re-election.

A President may run for reelection as many times as they like under the requirements of the
Constitution, as long as they haven't already served two terms in office. Article 57, which
specifies that a person may not serve as President for more than two terms, outlines this
prohibition. It is important to remember that a person is still qualified to run for reelection
twice in full even if they were elected in an acting capacity or held the office for a period that
was shorter than two and a half years.

A fine balance is struck by the constitutional provisions controlling the President's terms of
office and eligibility for reelection, guaranteeing continuity while limiting an endless
concentration of executive authority.

Power and Functions

The President of India is granted a wide variety of powers by the Indian Constitution, which
are thoughtfully dispersed throughout many domains to maintain a careful balance in national
government. The Constitution outlines these powers, which include the legislative, executive,
and discretionary branches of government. Let's examine the President's power in each of
these areas in more detail:

Discretionary Powers (Article 74 and Article 111):

1.Assent to Bills: The President possesses the authority to either approve or withhold consent
to bills passed by Parliament, serving as a mechanism to scrutinize legislative decisions.

2. Reservation of Bills: The President can choose to reserve specific bills for reconsideration,
underscoring the discretionary capacity to postpone their enactment into law.
Emergency Powers (Article 352, Article 356, and Article 360):
1. Proclamation of National Emergency: Under extraordinary circumstances, the President is
empowered to announce a national emergency, endowing the government with heightened
capabilities to address imminent threats.

2. Proclamation of President's Rule: The President has the prerogative to impose President's
Rule in a state when the constitutional machinery within that state encounters a breakdown,
ensuring the preservation of law and order.
Article 79: Powers of the Legislature

Summoning and Proroguing of Parliament: The President is a key player in the legislative
processes, as he or she has the authority to call and adjourn sessions of both Houses of
Parliament.

Dissolution of the Lok Sabha: The President has the authority to dissolve the Lok Sabha,
which will launch the election process and usher in a new era of popular democratic
representation.

Presidential Authority (Article 51):

Foreign Affairs: The President assumes diplomatic duties and represents India's unity and
foreign policy interests while acting as the country's representative on the international scene.

Treaties and Agreements: The President may negotiate treaties and agreements with foreign
countries, albeit some agreements may require parliamentary approval in order to be
enforceable.

Article 53: Executive Powers:

1. Head of State: The President assumes the ceremonial function of the head of the Indian
state, representing the country with honor.

2. Prime Minister Appointment: The President is responsible for appointing the Prime
Minister, usually selecting the head of the party with the most seats in the Lok Sabha to head
the government.

3. Council of Ministers: The President selects the Council of Ministers members in the
exercise of executive authority, depending on their advice and support in the management and
governance of the nation.

4. Chief of Staff: Bearing the title of Supreme Commander of the Armed Forces, the
President serves as the highest authority in matters connected to the defense and security of
India.

The Vice-President

As per the Constitution, the Vice President of India holds a prominent role in the nation's
governing structure. As envisioned in Article 63, the Vice President plays a variety of roles
that help the political system in the country run smoothly.

Election

The Indian Constitution, specifically Article 63, outlines the important constitutional
procedure of vice president election. An electoral college made up of representatives from the
Lok Sabha (House of the People) and Rajya Sabha (Council of States) will select the vice
president as part of the process. Interestingly, the election of the Vice President is not
conducted among the members of the Legislative Assemblies of the States and Union
territories.

The Vice President holds office for a five-year term, and an individual may hold this position
for an unlimited number of terms. Members can indicate which candidates they prefer by
casting a single transferable vote in an election that uses a proportional representation system.

Vice President is chosen by the candidate who receives more than half of the electoral college
votes cast. If, after the first round of counting, no candidate receives the needed majority, a
system of elimination and preference transfers is applied until a candidate receives the
required majority.

The Vice President of India, who also holds the position of ex-officio Chairman of the Rajya
Sabha, is in charge of this election process. A new Vice President is elected in the case that
the Vice President's position becomes vacant as a result of a resignation, removal, or death.

Qualification

Article 66 of the Indian Constitution specifies the requirements for the Vice President's
position. The following requirements must be satisfied in order for someone to be considered
for the vice president position:

1. Citizenship: The applicant must be an Indian national.

2. Age: The applicant must be at least 35 years old.
3. Requirements for Rajya Sabha Membership: The Vice President serves as the Rajya
Sabha's (Council of States) ex-officio chairman. As a result, the candidate needs to meet the
requirements to be elected to the Rajya Sabha.

These requirements are set forth in the Indian Constitution to guarantee that the Vice
President, who leads the Rajya Sabha and can fill the office of President in the event of a
vacancy, has the necessary background and dedication to hold this important constitutional
job.

Powers
1. Presiding Officer of the Rajya Sabha: The Vice President serves as the ex-officio
Chairman of the Rajya Sabha, the upper house of the Parliament of India. In this
capacity, the Vice President presides over the sessions of the Rajya Sabha and is
responsible for maintaining order and decorum during debates.

2. Casting Vote: In the event of a tie on any matter being voted upon in the Rajya
Sabha, the Vice President has the casting vote. This means that the Vice President can
exercise a vote to break the tie and decide the outcome of the vote.

3. Succession to the President: In case of a vacancy in the office of the President of

India due to death, resignation, removal, or any other reason, the Vice President is
next in line to assume the office of the President. The Vice President acts as the
President until a new President is elected.

4. Acting as President during Absence: If the President is unable to discharge the

duties of the office due to absence, illness, or any other reason, the Vice President
may act as the President during such a period.
 5. Official Functions: The Vice President represents India at various official functions
and ceremonies, both domestically and internationally, in the absence of the President.

6. Special Responsibilities: The Vice President may be assigned special responsibilities

by the President, and they are expected to perform such duties as and when required.

It is important to note that while the Vice President holds a significant constitutional position,
their powers are largely limited to the functions associated with the office. The Vice President
does not have an executive role in the day-to-day administration of the country, and their
authority is primarily tied to their duties as the Chairman of the Rajya Sabha and their role in
the presidential succession process.

Prime Minister

The Prime Minister of India is a pivotal figure in the country's political landscape, serving as
the head of the government. The position of Prime Minister is a key component of the
constitutional framework of India, which is enshrined in the Constitution of India. The Indian
Constitution, adopted on January 26, 1950, outlines the principles and structures that govern
the nation and establish the framework for its political institutions.

Article 74 and 75 of the Constitution delineate the role and powers of the Prime Minister.
According to Article 74, there is a Council of Ministers headed by the Prime Minister to aid
and advise the President of India in the exercise of his functions. The President, in turn, is
bound to act in accordance with the advice of the Prime Minister and the Council of
Ministers.

Qualifications and Appointment:

The head of state of India, the President, appoints the Prime Minister.
A person must be an Indian citizen and a member of the Rajya Sabha (Council of States) or
Lok Sabha (House of the People) in order to be considered for the role.

In the Lok Sabha, the prime minister often serves as the head of the coalition or majority
party.

Functions and Role:

In India, the Prime Minister is the highest ranking executive office and serves as the head of
state.
The Lok Sabha is the body to which the Council of Ministers, including the Prime Minister, is
accountable. To maintain their position of authority, they therefore require the backing of the
majority in the Lok Sabha.Regarding the appointment of additional Council of Ministers
members, the President receives advice from the Prime Minister.

Duration and Salary:

The Constitution does not specify the prime minister's tenure of office. As long as the
majority of the Lok Sabha maintains their confidence, the Prime Minister remains in power.

The maximum number of terms that a person may hold the office of prime minister is
undefined.
Authority and Accountability:

A Cabinet is put together by the Prime Minister and comprises of ministers that the Prime
Minister selects. The Cabinet is in charge of enforcing laws and setting policies.

The Prime Minister manages India's foreign policy and speaks for the nation in international.

Resignation and Removal:

The Prime Minister can resign by submitting their resignation to the President.

The Prime Minister can also be removed from office if they lose the confidence of the Lok
Sabha. In such a case, the President can either ask the Prime Minister to resign or dissolve the
Lok Sabha and call for fresh elections.

Attorney General

The Attorney General of India gives legal advice to the Indian Government and represents it
before the Supreme Court. When the President nominates them, the Union Cabinet makes a
recommendation, and they serve at the President's discretion.

Requirements

Judges of the Supreme Court need to be competent for the job. Consequently, they had to
have been a prominent jurist, an attorney for ten years, or a high court justice for five years.
The tenure of the Attorney General of India is not yet known.

Function

On legal matters, the Attorney General provides advice to the government. They also fulfil
the President’s legal obligations. Although he or she cannot vote, the Attorney General is
entitled to appear in all Indian courts and to participate in Parliamentary proceedings

The Attorney General of India is the chief legal advisor of the Government of India.
Appointment and Qualification

An Attorney-General for India may be appointed in accordance with Article 76. The
candidate for attorney general should be eligible to be appointed to the Supreme Court as a
judge. On the other hand, the Attorney General is not subject to the 65-year-old retirement
age that applies to Supreme Court judges. He serves as long as the President is willing and is
paid according to the President's discretion.

Term and Removal

The Attorney General does not have a fixed tenure and holds office during the pleasure of the
President. This means that the Attorney General serves at the discretion of the President and
can be removed from office at any time.
Power and Functions
Legal Counsel & Advice:
Government Advisor: The Attorney General provides legal counsel and comments on
constitutional and legal issues in his capacity as the government's principal legal advisor.
Legal Consultations: For legal advice on topics of policy, proposed laws, and other issues,
government ministries and agencies confer with the Attorney General.
Court Representation:
Litigation Management: The Attorney General offers legal representation in the Supreme
Court and represents the government in court in both criminal and civil disputes.
Advocate for the Supreme Court: The Attorney General may appear before any Indian court
and may take part in any litigation in which the Indian government is a party.

Constitutional Issues:

Constitutional advise: In order to make sure that government activities adhere to the values
and provisions of the constitution, the Attorney General provides advise on constitutional
matters.
Law Interpretation: To direct the government's operations and policies, the Attorney General
interprets laws and constitutional clauses.

The role of parliament:

Parliamentary Committees: In order to offer legal advice on new laws and other legal issues,
the Attorney General may be asked to testify before parliamentary committees.

preparation Legislation: To guarantee the legality of significant legislation, the Attorney

General may participate in its preparation.

Criminal Trials:

Criminal Prosecutions: On behalf of the government, the Attorney General may occasionally
personally manage or oversee criminal prosecutions.

Public Interest Litigation: The Attorney General may represent the government and intervene
in cases pertaining to public interest.

Conclusion

It is clear that a thorough comprehension of constitutional requirements is necessary as we

begin this investigation of the structures and power dynamics within the Union Executive.
With its diverse functions and responsibilities, the Union Executive continues to be a key
player in the governance of a union, influencing the formation of constitutions and
determining the fate of nations. This assignment aims to deconstruct the complexity and offer
a comprehensive view of the Union Executive in the context of constitutional law.