Executive (Enforce Laws)

• The acting head of state is the President of India. The Prime Minister and his or her Council of Ministers constitute the true executive.
• With the assistance and counsel of the Prime Minister and his or her Council of Ministers, the President performs his or her duties.
• Generally, the President must heed the advice.
• The President is appointed for a set term of five years and is chosen by the Electoral College, which is made up of the elected members of the state legislatures and both chambers of Parliament.

In simple words, The President of India serves as the ceremonial head of state, while the Prime Minister and their Council of Ministers hold the actual executive power. The President, elected indirectly by an Electoral College comprising members of Parliament and state legislatures, typically follows the advice of the Prime Minister and the Council of Ministers.

Powers of the President:

• The President is empowered to issue ordinances during Parliament’s recess, but they must receive Parliament’s approval within a specified timeframe to become permanent statutes.
• The President can dissolve the House of the People (Lok Sabha) on the advice of the Prime Minister.
• The President holds power to declare three types of emergencies: national emergency, state emergency (President’s Rule), and financial emergency. These can be declared under specific circumstances outlined in the Constitution.
• During a state of emergency, the President’s authority increases, allowing for the central government to have more control over the states.

India’s political structure is largely modeled after Britain’s. Both nations have chosen to operate under the Parliamentary System of Government. The legislative, executive, and judicial branches make up the three branches of government established under the Indian Constitution. The President and the two Houses, the Council of States and the House of the People make up the Parliament of India, as per Article 79 (Constitution of Parliament) of the Constitution. The concept of separation of powers, in its strictest definition, has not been included in the Indian Constitution. However, the Indian Constitution, makes clear what each part of the government is supposed to do, and there are rules to stop any part from having too much power compared to the others.

Key Takeaways

• The notion of separation of powers ensures that government entities do not overlap or exchange their respective tasks.
• The concept of ‘separation of powers’ refers to the division of authority and duties between the legislative, executive, and judicial departments.
• The Indian government is organized into three organs: the judiciary, the legislature, and the executive branch. This theory prevents the merger of power.
• The Constitution of India has made a distinction between the powers of the different organs of the government, and this is followed impliedly through the system of checks and balances.