The republic of India is governed in terms of the constitution, which was adopted by Constituent Assembly on 26 November 1949 and came-into force on 26 January 1950.
- The President of India is constitutional head of executive of the Union.
- Article 74(1) of the Constitution provides that there shall —a Council of Minister with the Prime Minister as head to aid and advise President who shall in exercise of his functions act in accordance with such advice.
- Real executive power thus vests in Council of Ministers with Prime Minister as head.
- Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
- Similarly, in states, Governor is head of executive, but it is the Council of Ministers with Chief Minister as head in whom real executive power vests.
- Council of Ministers of a state is collectively responsible to the Assembly.
- The Constitution distributes legislative power between Parliament and state legislatures and provides for vesting of residual powers in Parliament.