Présentation on Power of Exécutives

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    Prsentation on Power of

    Excutives

    Presented BY:-

    Nitin PareekB.A.LLB

    Roll no. 53

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    Introduction

    executive, one who carries out the will or plan of

    another person or of a group. In government, the

    term refers not only to the chief administrative

    officer but to all others who execute the laws and

    to them as a group. In modern government, the

    executive also formulates and carries out

    governmental policies, directs relations with

    foreign governments, commands the armed

    forces, approves or disapproves legislative acts,recommends legislation, and in some countries

    summons and opens the legislature, appoints and

    dismisses some executive officials, and pardons

    any but those impeached.

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    Bodies of excutives in India

    1. Prsident of India

    2. Vice prsident of India

    3. Gouverner of state

    4. Council of ministres

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    About Prsident of India

    According to the Indian Constitution the

    President of India is elected by the electoral

    college. The electoral college consists of themembers of both the Houses of Parliament

    namely Lok Sabha and Rajya Sabha. The

    Legislatures of the constituent states also play

    an important role in electing the President of

    India. Being elected for a term of 5 years, the

    President of the country heads the State and

    Supreme Commander of the Defense Forces

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    President has the highest rank in the

    Executive Branch of Indian Government. The

    President of India is the ultimate authority

    who signs the bills of Parliament prior to the

    passing of the same. Also, every year the first

    session of the Parliament is addressed by the

    President of the nation

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    Powers of President1.Executive power

    He appoints the Prime Ministerwho enjoys

    the support of the majority in the LokSabha

    The President makes important

    appointments. He appoints Governors of

    States, Chief Justice, judges of the

    Supreme Court and the High Courts,

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    2.Judicial power The President of India can grant pardon or

    reduce the sentence of a convicted person. If

    he considers that a question of law or a

    matter of public importance has arisen, he can

    ask for the advisory opinion of the Supreme

    Court

    He may or may not accept that opinion

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    Attorney General, Comptroller and Auditor

    General, Chief Election Commissioner and

    other Election Commissioners, Chairman and

    Members of the Union Public Service

    Commission

    He can declare war, make peace and conclude

    treaties with other countries

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    Legislative power The President summons the sessions of both

    houses of the Parliament and prorogues them.

    He can even dissolve the Lok Sabha

    His address on these occasions is generally

    meant to outline the new policies of the

    government

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    A bill that the Parliament has passed, can

    become a law only after the President gives

    his assent to it

    When the Parliament is not in session and

    the government considers it necessary to have

    a law, then the President can promulgate

    ordinances

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    Emergency powerThe President can declare three types of

    emergencies:

    National emergency

    State emergency

    Financial emergency

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    Vice President of India The Vice-President of India is second behind

    the president in the Executive branch of

    the Government of India

    The current Vice-President of India is

    Mr. Hamid Ansari

    The Vice-President takes over from the

    President when the President

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    dies in office

    is impeached from office

    resigns from office

    is too ill to continue in office

    The term of office of the Vice-President is five

    years. It may terminate earlier by resignationor removal

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    He may be removed by a resolution of

    the Rajya Sabha passed by a majority of its

    members & agreed to by the House of the

    People

    The Vice-President gets salary as the ex-officio

    Chairman ofRajya Sabha

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    Functions of vice-president Performing as the Chairman of Rajya Sabha Functioning as the Presiding Officer in either

    or both the Houses of Parliament

    Functioning as the Acting President of India

    under such circumstances as death,

    resignation or removal of the actual President

    Offering consultation regarding various

    policies of the states of India

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    Governor

    India has 28 states within its territory. The

    Constitution of India states that each and every state

    of the nation should have a Governor. The governor

    of every state enjoys the executive powers. ThePresident of India appoints the Governor for each of

    the state of the country. The Prime Minister, along

    with other members of the Council of Minsters,

    provides assistance to the Governor

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    Governor powers Executive powers related to administration,

    appointments and removals,

    Legislative powers related to lawmaking and

    the state legislature, that is Vidhan

    Sabha or Vidhan Parishad,

    Discretionary powers to be carried out

    according to the discretion of the Governor

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    Role of governor There shall be a Governor for each state

    (Articles 153 of the Constitution of India)

    The executive power of the State shall bevested in the Governor and shall be exercised

    by him either directly or through officers

    subordinate to him in accordance with the

    Constitution of India (Article 154)

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    The Governor of a State shall be appointed by

    the President by warrant under his hand and

    seal (Article 155)

    A person to be eligible for appointment as

    Governor should be citizen of India and has

    completed age of 35 years (Article 157)

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    The Governor shall not be a member of the

    Legislature or Parliament; shall not hold any

    office of profit, shall be entitled to

    emoluments and allowances. (Article 158)

    Every Governor and every person discharging

    the function of the Governor shall make a

    subscribe an oath or Affirmation(Article 159)

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    Council of ministers There is a Council of Ministers headed by the

    Prime Minister to aid and advise the President

    in exercise of his functions. The Prime Minister

    is appointed by the President, who also

    appoints other ministers on the advice of

    Prime Minister. The Council is collectively

    responsible to the Lok Sabha

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    In fact the Council of ministers is the holder of

    the real powers in Indian government and the

    leader of the majority party in the legislature

    is appointed as the Prime Minister. Article

    75(1) state that "the Prime Minister shall beappointed by the President and the other

    Ministers shall be appointed by the President

    on the advice of the Prime Minister

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    The Council of Ministers in India comprisesthree different categories that include the

    Union Cabinet Ministers, Minister of state and

    Deputy Ministers. The Indian Constitution

    does not mention anything about the Cabinet

    Ministers except in Article 352 where Cabinet

    is defined as the Council consisting of

    Ministers of Cabinet rank

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    Functions are:- The council of ministers are mainly to aid and

    advise the President in the exercise of his

    functions

    It is also saddled with the responsibility of

    formulating internal and foreign policies

    And prosperity of the country depends largely

    on the policy formulated by the Ministry

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    The Ministry also plays a key role in

    determining the economic activity of the

    state. Currency, banking, commerce, trade,

    insurance and formulation and

    implementation of other plans are regulated

    and controlled by the Ministry as well

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    Thank you