HEAD OF THE GOVERNMENT IN INDIA
India has both a prime minister and a president. The prime minister is by far the more powerful of the two. Initiative and responsibility for executive leadership rests with the office of the prime minister, not with the president, who is the head of state. Neither of the president or the prime minister is directly elected. Members of parliament and state legislative assemblies elect the president for a five-year term (there are no term limits). Prime ministers are leaders of the majority party in parliament but are formally appointed by the president.[Source: Payam Foroughi, Raissa Muhutdinova-Foroughi, Sujatha Naidu, Worldmark Encyclopedia of National Economies, Gale Group Inc., 2002]
On paper, all executive authority, including supreme command of the armed forces, is given to the president as head of state. In reality, power is exercised by the prime minister who, as head of government and leader of the political party, or coalition of parties, that dominates the parliament. As the titular head of state is the president who is only able to exercise significant influence in extraordinary circumstances. With rare exceptions, the cabinet consists of members of the legislature chosen by the prime minister.
Over time, political power has become increasingly concentrated in the prime minister and Council of Ministers (cabinet), although they are responsible to the parliament. The president’s duties are mostly ceremonial, although the president formally approves the prime minister and also approves the Council of Ministers based on the prime minister’s advice. Furthermore, all bills require presidential approval before becoming law. The vice president is ex officio chairperson of the Rajya Sabha (one of the two parliament bodies) and acts in place of the president when the president is unable to perform his or her duties. [Source: Library of Congress, 2005]
Many people would like to see India adopt an American-style presidency. Indians have traditionally rallied behind strong leaders and a strong president reduces the tendency towards political fragmentation.
Executive Branch of India
The government of India is comprised of three branches: 1) Executive — president (chief of state), prime minister (head of government) and Council of Ministers (cabinet); 2) Legislative — bicameral parliament (Rajya Sabha or Council of States, and Lok Sabha or House of the People); and 3) Judicial — Supreme Court. These branches are defined in India’s 1950 constitution. The institutions are derived from the British parliamentary system.[Source: Countries of the World and Their Leaders Yearbook 2009, Gale, 2008, adapted from U.S. State Department reports]
Executive power is held by the Prime Minister and his appointed Council of Ministers (the Cabinet) from the majority party or a coalition in Parliament. The constitutional head of State is the President, although his duties are mainly ceremonial. Since Independence, the leaders of India have traditionally lived in a "tree-shaded" residential area of new Delhi, which at times is "surrounded by as many a 100,000 soldiers and police. [Source: Countries of the World and Their Leaders Yearbook 2009, Gale, 2008, adapted from U.S. State Department reports]
The president appoints the prime minister, who is designated by legislators of the political party or coalition commanding a parliamentary majority in the Lok Sabha (lower house). The president then appoints subordinate ministers on the advice of the prime minister. The government exercises its broad administrative powers in the name of the president. A special electoral college elects the president and vice president indirectly for 5-year terms. Their terms are staggered, and the vice president does not automatically become president following the death or removal from office of the president.
The head of the government of India is Prime Minister Narendra Modi. He has been in power since May 26, 2014). The cabinet — the Union Council of Ministers — is recommended by the prime minister, and appointed by the president The chief of state of India is President Droupadi Murmu (since July 25, 2022). Below him is Vice President Jagdeep Dhankhar (since August 11, 2022). [Source: CIA World Factbook =]
The President was indirectly elected by an electoral college consisting of elected members of both houses of Parliament for a 5-year term July 18, 2022 (next ones in July 2027). The vice president was indirectly elected by an electoral college consisting of elected members of both houses of Parliament for a 5-year term (no term limits). Elections for the legislature were last held on August 5 2022 (next are in August 2027). Following these elections, the prime minister is elected by Lok Sabha members of the majority party
Prime Minister of India
Executive power is held by the Prime Minister and his appointed Council of Ministers (the Cabinet) from the majority party or a coalition in Parliament. The constitutional head of State is the President, whose duties are mainly ceremonial. [Source: Countries of the World and Their Leaders Yearbook 2009, Gale, 2008, adapted from U.S. State Department reports]
The prime minister is by far the most powerful figure in the Indian government. Executive authority is vested in the prime minister and his chosen Council of Ministers, despite the president of India being the nominal head of the executive. The prime minister has to be a member of one of the houses of bicameral Parliament of India. The India Prime Minister takes an oath in the presidential palace. He or she can dissolve parliament whenever he or she chooses but the fiercely independent election commission picks the date for the elections.
The prime minister has the primary responsibility to lead the country and is officially invited by the president to form a government and lead it. In order to remain in power, the prime minister must enjoy the support of a majority of the 545-member Lok Sabha (People's House). The prime minister and the cabinet are at all times responsible to the Lok Sabha, The president normally looks first to the leadership of the majority party to nominate its candidate for prime minister. [Source: Payam Foroughi, Raissa Muhutdinova-Foroughi, Sujatha Naidu, Worldmark Encyclopedia of National Economies, Gale Group Inc., 2002]
Power of the Indian Prime Minister
The prime minister leads the government of India and is the main authority. Technically, the president of India aks the Lok Sabha in the parliament to form the government but in practice the prime minister nominates the members of their council of ministers to the president. They also work upon to decide a core group of ministers (known as the cabinet) in charge of the important functions and ministries of the government of India. [Source: Wikipedia]
Again, technically, The prime minister is responsible for aiding and advising the president in distribution of work of the government to various ministries with co-ordinating work between the Prime Minister and President generally done by the Cabinet Secretariat. While the work of the government is generally divided into various ministries, the prime minister may retain certain duties under his or her office if they are not allocated to any member of the cabinet.
The prime minister represents India in various delegations, high level meetings and international organisations. He or she recommends to the president — and others — names for the appointment of: various often powerful offices and administrations such as the Attorney General of India and head of the election commission. Unlike most other countries, the prime minister does not have much influence over the selection of judges, that is done by a collegium of judges consisting of the Chief Justice of India and the four senior most judges of the Supreme Court of India
The Prime Minister acts as the leader of the parliament house of which he or she is a member, usually the Lok Sabha. In this role, he or she is tasked with representing the executive in the legislature, announcing important legislation, and is also expected to respond to the concerns of the opposition. Article 85 of the Indian Constitution gives the president the power to convene and adjourn extraordinary sessions of Parliament; however, this power is exercised only on the advice of the prime minister and his council, so in practice the prime minister exercises some control over the affairs of Parliament.
Residence, Office and Transportation of the Indian Prime Minister
The Prime Minister resides The 7, Lok Kalyan Marg — previously called 7, Race Course Road — in New Delhi. The residence during the tenure of Nehru, the first prime minister, was Teen Murti Bhavan. Indira Gandhi resided at 1, Safdarjung Road. Rajiv Gandhi became the first prime minister to use 7, Lok Kalyan Marg as his residence, which was used by his successors. [Source: Wikipedia]
The Prime Minister's Office (PMO) acts as the principal workplace of the prime minister. The office is located at South Block, and is a 20-room complex, and has the Cabinet Secretariat, the Ministry of Defence and the Ministry of External Affairs adjacent to it. The office is headed by the Principal Secretary to the Prime Minister of India, generally a former civil servant, mostly from the Indian Administrative Service (IAS) and rarely from the Indian Foreign Service (IFS).
For ground transportation, the prime minister uses a highly modified, armoured version of a Range Rover. The motorcade that accompanies it comprises a fleet of vehicles that includes at least three armoured BMW 7 Series sedans, two armoured Range Rovers, at least 8-10 BMW X5s, six Toyota Fortuners/Land Cruisers, and at least two Mercedes-Benz Sprinter ambulances. For air travel, the Prime Minister uses a Boeing 777-300ERs designated by the call sign Air India One (AI-1 or AIC001) and maintained by the Indian Air Force. There are several helicopters, such as Mi-8, used for carrying the prime minister over short distances. These aircraft are operated by the Indian Air Force.
The Special Protection Group (SPG) is charged with protecting the sitting prime minister and their family. The security is aided by the Central Reserve Police Force (CRPF), Border Security Force (BSF) and the Delhi Police to provide three-rung security for the estate.
Expanding Power of the Prime Minister
Over time, political power has become increasingly concentrated in the prime minister and Council of Ministers (cabinet), although they are responsible to the parliament. However, assertiveness by the Supreme Court and the Election Commission suggests that the remaining checks and balances among the country's political institutions continue to support the resilience of Indian democracy. [Source: Library of Congress, 1995*]
Since its enactment, the constitution has fostered a steady concentration of power in the central government — especially the Office of the Prime Minister. This centralization has occurred in the face of the increasing assertiveness of an array of ethnic and caste groups across Indian society. Increasingly, the government has responded to the resulting tensions by resorting to the formidable array of authoritarian powers provided by the constitution. Together with the public's perception of pervasive corruption among India's politicians, the state's centralization of authority and increasing resort to coercive power have eroded its legitimacy. *
When Rajiv Gandhi became prime minister in 1984, he promised to delegate more authority to his cabinet members. However, power rapidly shifted back to the Office of the Prime Minister and a small coterie of Rajiv's personal advisers. Rajiv's dissatisfaction with his cabinet ministers became manifest in his incessant reshuffling of his cabinet. During his five years in office, he changed his cabinet thirty-six times, about once every seven weeks.
When P.V. Narasimha Rao became prime minister in June 1991, he decentralized power, giving Minister of Finance Manmohan Singh, in particular, a large measure of autonomy to develop a program for economic reform. After a year in office, Rao began again to centralize authority, and by the end of 1994, the Office of the Prime Minister had grown to be as powerful as it ever was under Rao's predecessors. As of August 1995, Rao himself held the portfolios in thirteen ministries, including those of defense, industry, and Kashmir affairs. *
President of India
The president of India is the constitutional head of the government. He is for the most part a figurehead that officially names the prime minister (a duty once performed by the monarch in Britain) but has little real power. Although the president’s duties are mostly ceremonial all bills require presidential approval before becoming law. The president formally approves the Council of Ministers (cabinet) based on the prime minister’s advice.
He resides in Rashtrapati Bhavan in New Delhi, formerly the residence of the British Viceroy. Also known as the presidential palace is an imposing pink sandstone building in the heart of New Delhi.
The president appoints the prime minister, who is designated by legislators of the political party or coalition commanding a parliamentary majority in the Lok Sabha (lower house). The president then appoints subordinate ministers on the advice of the prime minister. The government exercises its broad administrative powers in the name of the president.
The president is elected for a five-year term by an electoral college consisting of the elected members of both houses of Parliament and the elected members of the legislative assemblies of the states and territories. The participation of state and territory assemblies in the election is designed to ensure that the president is chosen to head the nation and not merely the majority party in Parliament, thereby placing the office above politics and making the incumbent a symbol of national unity.*
By tradition, the presidency and vice presidency trade off between northerner and southerner, although a Muslim and a Sikh — nonregional identifications — have also held these positions. In July 2002, A.P.J. Abdul Kalam was elected India's 11th president, garnering 90 percent of the electoral college vote. He was the scientist responsible for carrying out India's nuclear tests in 1998, and is a Muslim.
Indian President’s Powers and Restriction on That Power
The Indian constitution vests the President with a formidable array of powers. The president serves as head of state and the supreme commander of the armed forces. The president appoints the prime minister, cabinet members, governors of states and territories, Supreme Court and high court justices, and ambassadors and other diplomatic representatives. The president is also authorized to issue ordinances with the force of acts of Parliament when Parliament is not in session. The president can summon and prorogue Parliament as well as dissolve the Lok Sabha and call for new elections. The president also can dismiss state and territory governments. [Source: Library of Congress, 1995*]
Exercise of these impressive powers has been restricted by the convention that the president acts on the advice of the prime minister. In 1976 the Forty-second Amendment formally required the president to act according to the advice of the Council of Ministers headed by the prime minister. The spirit of the arrangement is reflected in Ambedkar's statement that the president "is head of the State but not of the Executive. He represents the nation but does not rule the nation." In practice, the president's role is predominantly symbolic and ceremonial, roughly analogous to the president of Germany or the British monarch.*
Despite the strict constraints placed on presidential authority, presidential elections have shaped the course of Indian politics on several occasions, and presidents have exercised important power, especially when no party has a clear parliamentary majority. The presidential election of 1969, for example, turned into a dramatic test of strength for rival factions when Prime Minister Indira Gandhi put up an opponent to the official Congress candidate. The electoral contest contributed to the subsequent split of the Congress. In 1979, after the Ja-nata Party began to splinter, President Neelam Sanjiva Reddy (1977-82) first selected Janata member Chaudhury Charan Singh as prime minister (1979-80) to form a minority government and then dissolved Parliament and called for new elections while ignoring Jagjivan Ram's claim that he could assemble a stable government and become the country's first Scheduled Caste prime minister.*
Tensions between President Giani Zail Singh (1982-87) and Prime Minister Rajiv Gandhi (1984-88) also illustrate the potential power of the president. In 1987 Singh refused to sign the Indian Post Office (Amendment) Bill, thereby preventing the government from having the authority to censor personal mail. Singh's public suggestion that the prime minister had not treated the office of the president with proper dignity and the persistent rumors that Singh was plotting the prime minister's ouster contributed to the erosion of public confidence in Rajiv Gandhi that ultimately led to his defeat in the 1989 elections. In November 1990, President Ramaswami Venkataraman (1987-92) selected Chandra Shekhar as India's eleventh prime minister, even though Chandra Shekhar's splinter Samajwadi Janata Dal held only fifty-eight seats in the Lok Sabha. Chandra Shekhar resigned in June 1991 when the Congress (I) withdrew its support.*
The president's role is so limited by the constitution that he or she has few opportunities to set national policy. The president can, however, on the advice of the prime minister, declare a state of emergency and suspend both national and state governments, an executive tool that has been used far more often than the framers of the Indian constitution envisioned. In general, the president serves as more of a symbolic head of state. See President Rule Below. [Source: Payam Foroughi, Raissa Muhutdinova-Foroughi, Sujatha Naidu, Worldmark Encyclopedia of National Economies, Gale Group Inc., 2002]
Vice President and of Deputy Prime Minister of India
The Vice President of India is ex officio chairman of the Rajya Sabha and acts as president when the latter is unable to discharge his duties because of absence, illness, or any other reason or until a new president can be elected (within six months of the vacancy) when a vacancy occurs because of death, resignation, or removal. There were three instances between 1969 and 1995 of the vice president serving as acting president. [Source: Library of Congress, 1995]
In the same manner as the president, a special electoral college elects vice president indirectly for 5-year terms. The terms of the president and vice president are staggered, and the vice president does not automatically become president following the death or removal from office of the president.
The post of deputy prime minister of India is not technically a constitutional post, nor is there any mention of it in any Act of Parliament. But historically, on various occasions, different governments have assigned one of their senior ministers as the deputy prime minister. There is neither constitutional requirement for filling the post of deputy Prime Minister, nor does the post provide any kind of special powers. Typically, senior cabinet ministers like the finance minister or the home minister are appointed as deputy prime minister. [Source: Wikipedia]
Council of Minister (the Indian Cabinet)
The Union Council of Ministers is the principal executive organ of the government of India. Serving as the senior decision making body of the executive branch, it is led by the prime minister and consists of the heads of each of the executive government ministries. The current the council headed by prime minister Narendra Modi consists of 29 members, including the prime minister. The council is subject to the Parliament of India.
A smaller executive body called the Union Cabinet is the supreme decision-making body in India; it is a subset of the Union Council of Ministers who hold important portfolios and ministries of the government. It perhaps is more like a conventional cabinet than the Union Council of Ministers, The key ministries are finance, foreign affairs, and defense. Important economic ministries include petroleum, communications and rural development. By some reckonings the home minister is the second most powerful person in the Indian government.
After being selected by the president, typically from the party that commands the plurality of seats in Parliament, the prime minister selects the Council of Ministers from other members of Parliament who are then appointed by the president. Individuals who are not members of Parliament may be appointed to the Council of Ministers if they become a member of Parliament either through election or appointment within six months of selection.
The cabinet formed in 2004 had 28 members, In 1995, the Council of Ministers was composed of cabinet ministers (numbering seventeen, representing thirty-one portfolios), ministers of state (forty-five, representing fifty-three portfolios) and deputy ministers (the number varies). Cabinet members are selected to accommodate different regional groups, castes, and factions within the ruling party or coalition as well as with an eye to their administrative skills and experience. Prime ministers frequently retain key ministerial portfolios for themselves. [Source: Library of Congress *]
Although the Council of Ministers is formally the highest policy-making body in the government, its powers have declined as influence has been increasingly centralized in the Office of the Prime Minister, which is composed of the top-ranking administrative staff. After the Congress split to form the Congress (R) — R for Requisition — and the Congress (O) — O for Organisation — in 1969, Indira Gandhi (who headed the Congress (R)) increasingly concentrated decision-making authority in the Office of the Prime Minister.
President's Rule and Authoritarian Powers in India
Part XVIII of the constitution permits the state to suspend various civil liberties and the application of certain federal principles during presidentially proclaimed states of emergency. The constitution provides for three categories of emergencies: a threat by "war or external aggression" or by "internal disturbances"; a "failure of constitutional machinery" in the country or in a state; and a threat to the financial security or credit of the nation or a part of it.[Source: Library of Congress, 1995*]
Under the first two categories, the Fundamental Rights, with the exception of protection of life and personal liberty, may be suspended, and federal principles may be rendered inoperative. A proclamation of a state of emergency lapses after two months if not approved by both houses of Parliament. The president can issue a proclamation dissolving a state government if it can be determined, upon receipt of a report from a governor, that circumstances prevent the government of that state from maintaining law and order according to the constitution.
This action establishes what is known as President's Rule because under such a proclamation the president can assume any or all functions of the state government; transfer the powers of the state legislature to Parliament; or take other measures necessary to achieve the objectives of the proclamation, including suspension, in whole or in part, of the constitution. A proclamation of President's Rule cannot interfere with the exercise of authority by the state's high court. Once approved, President's Rule normally lasts for six months, but it may be extended up to one year if Parliament approves. In exceptional cases, such as the violent revolt in Jammu and Kashmir during the early and mid-1990s, President's Rule has lasted for a period of more than five years.*
The Indian state has authoritarian powers in addition to the constitution's provisions for proclamations of Emergency Rule and President's Rule. The Preventive Detention Act was passed in 1950 and remained in force until 1970. Shortly after the start of the Emergency in 1962, the government enacted the Defence of India Act. This legislation created the Defence of India Rules, which allow for preventive detention of individuals who have acted or who are likely to act in a manner detrimental to public order and national security. The Defence of India Rules were reimposed during the 1971 war with Pakistan; they remained in effect after the end of the war and were invoked for a variety of uses not intended by their framers, such as the arrests made during a nationwide railroad strike in 1974.*
When President's Rule Has Been Invoked
President's Rule has been imposed frequently, and its use is often politically motivated. During the terms of prime ministers Nehru and Lal Bahadur Shastri, from 1947 to 1966, it was imposed ten times. Under Indira Gandhi's two tenures as prime minister (1966-77 and 1980-84), President's Rule was imposed forty-one times. Despite Mrs. Gandhi's frequent use of President's Rule, she was in office longer (187 months) than any other prime minister except Nehru (201 months). [Source: Library of Congress, 1995*]
Other prime ministers also have been frequent users: Morarji Desai (eleven times in twenty-eight months), Chaudhury Charan Singh (five times in less than six months), Rajiv Gandhi (eight times in sixty-one months), Vishwanath Pratap (V.P.) Singh (two times in eleven months), Chandra Shekhar (four times in seven months), and P.V. Narasimha Rao (nine times in his first forty-two months in office).*
State of emergency proclamations have been issued three times since independence. The first was in 1962 during the border war with China. Another was declared in 1971 when India went to war against Pakistan over the independence of East Pakistan, which became Bangladesh. In 1975 the third Emergency was imposed in response to an alledged threat by "internal disturbances" stemming from the political opposition to Indira Gandhi.*
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Text Sources: Library of Congress, Ministry of Tourism, Government of India, Encyclopedia.com, New York Times, Washington Post, Los Angeles Times, Times of London, Lonely Planet Guides, Compton’s Encyclopedia, The Guardian, National Geographic, Smithsonian magazine, The New Yorker, Time, Reuters, Associated Press, AFP, Wall Street Journal, Wikipedia, BBC, CNN, and various books, websites and other publications.
Last updated December 2023