The Separation of Organs of The State

India is a democratic republic country. In a republic, the head of the state is democratically elected. The president of India is the head of state of India republic. The theory of separation of power divides the organs of the state into three parts, as the legislature, the executive and the judiciary. The legislature comprises comprises of democratically elected representatives of the people. the legislature is the law making body of the state. since India has adopted federal structure, the legislative power is divided between union parliament and state legislatures. The Executive of  the state emerges out of the legislature i.e. parliament elects the Executive out of its members.

Executive in polity means the organ of state which executes the low and conducts public and national affairs. since, the constitution of India has adopted the Parliamentary system of government, the Prime Minister is the head of the government, and that is why it is called as Prime-ministerial form of government. The council of Ministers headed by Prime Minister is elected from the majority party in the Parliament, and he commands the strength of majority of legislature. simultaneously, he is the head of the government. such a concentration of power, the President has  also been made a separate organ of the state. it is independent of the legislature and executive. This has been done as a measure of check over the other organs and to keep the supremacy of the constitution.

The Executive

The president at the union and the governor at the state level constitute the head of the state in whose name the executive powers are vested but who do not exercise them. They constitute the nominal or titular executive (de jure head). The Prime Minister and his council of ministers at the union level and the Chief Minister and the council of ministers at the state level exercise all the power vested in the nominal executive. They constitute the real exercise (do facto head).

Articles 52 to 78, in Part V of the constitution of India, deal with the Union executive. The Union executive consists of the President, vice President, the Prime Minister and the council of ministers and the Attorney General of India. Under the Indian constitution, the political executive is legally and democratically constituted and is subjected to legislative control and judicial review.