All executive action of the Government of India is taken in the name of the…

Concept

India is a parliamentary democracy in which the head of State is the nominal (de jure) executive, while real powers are exercised by the Council of Ministers (the de facto executive). Article 77(1) of the Constitution lays down that all executive action of the Government of India shall be expressed to be taken in the name of this constitutional head of State — the formal authority in whose name the Union executive functions.

Application

The constitutional head of State of the Union is the President of India. Under Article 53, the executive power of the Union is vested in the President. Consequently, Article 77(1) requires that every executive action of the Government of India be formally expressed to be taken in the name of the President. The President is therefore the answer: even though the actual decisions are taken by the Council of Ministers headed by the Prime Minister, the formal/legal name under which Union executive action is carried out is the President's.

Contrast

• Prime Minister of India: heads the Council of Ministers and exercises real executive power, but the Constitution does not express Union executive action to be taken in this office's name.

• Vice President of India: is the ex-officio Chairman of the Rajya Sabha and acts as head of State only when the office of head of State is vacant; routine Union executive action is not expressed in this name.

• Speaker of Lok Sabha: presides over the Lok Sabha, a legislative (not executive) role, and has no part in the formal expression of Union executive action.

Cross-check: Article 53 vests Union executive power in the President and Article 77(1) channels all executive action through that office, so the formal name is the President of India.