UNIT-3 UNION GOVERNMENT
UNION GOVERNMENT
For the administration of the whole of India, the union
government implies central governments that have several
ministries.
The governments of the central and union are similar to
those defined as a unitary form of government.
All authorities are vested in the central government in the
unitary structure of government.
PRESIDENT OF INDIA
The Indian President is the head of the state and he is also called the
first citizen of India. He is a part of Union Executive, provisions of
which are dealt with Article 52-78 including articles related to
President (Article 52-62). Under these articles, information on how a
President is elected, his powers and functions, and also his
impeachment process is given.
President:
Under Article 52 of the Indian Constitution the Indian
President is the head of the state. He is the first citizen of
India and is a symbol of solidarity, unity, and integrity of the
nation. He is a part of Union Executive along with the VicePresident, Prime Minister, Council of Ministers, and AttorneyGeneral of India.
Who does not take part in the
President's elections:
Who does not take part in the President's elections:
The following group of people is not involved in electing the President of
India:
Nominated Members of Lok Sabha (2) and Rajya Sabha (12
Nominated Members of State Legislative Assemblies
Members of Legislative Councils (Both elected and nominated) in bicameral
legislatures
Nominated Members of union territories of Delhi and Puducherry
Term of the President's office:
Under Article 56 of The Indian Constitution, Once President is elected,
he holds office for five years. He sits in office even
after the completion of five years given
no new election has taken place or
no new President has been elected till then.
He can also be re-elected and there is no cap on his re-election.
Qualifications of the President:
Under Article 58 of the Indian Constitution,
A candidate has to meet some qualifications to be elected as the president.
Those qualifications of the President
are:
He should be an Indian Citizen
His age should be a minimum of 35 years
He should qualify the conditions to be elected as a member of the Lok Sabha
He should not hold any office of profit under the central government, state
government, or any public authority
Conditions of the President's office:
There are a few conditions for the candidate running for the President's elections: He cannot
be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house,
he should vacate the seat on his first day as President in the office
He should not hold any office of profit
For his residence, Rashtrapati Bhavan is provided to him without the payment of rent
Parliament decides his emoluments, allowances and privileges
Parliament cannot diminish his emoluments and allowances during his term of office
He is given immunity from any criminal proceedings, even in respect of his personal acts
Arrest or imprisonment of the President cannot take place. Only civil proceedings can be
initiated for his personal acts that too after giving two months of prior notice.
President Election in India
| President of India
The President of India is the head of the Indian state and is also the first citizen of India.
Article 52 of the Indian Constitution mentions that there shall be a President of India.
The incumbent President of India is Shri Ram Nath Kovind who is the 14th President of India.
The detailed information about the election of the president in India and articles related to
the President of India will be discussed in this article.
The President is an integral part of the union executive along with the Vice President, Prime
Minister, the council of ministers and attorney journal.
Important Articles Related to President &
President Election in India
The President is the symbol of solidarity, unity, and
integrity of the nation. Below is the list of all the important
articles related to the president of India which are
frequently asked in the UPSC exam and other government
exams.
Article
Description
Article 52
There shall be a President of India.
Article 53
Executive Power of the Union
Article 54
Election of President
Article 55
Manner of election of President
Article 56
Term of office of President
Article 57
Eligibility for re-election
Article 58
Qualifications for election as President
Article 59
Conditions of President's office
Article 60
Oath or affirmation by the President
Article 61
Procedure for impeachment of the
President
Article 62
Time of holding election to fill vacancy
in the office of president and the term
of office or person elected to fill casual
vacancy
Article 70
Discharge of President's functions in
President Election in India
Article 54 mentions that there shall be an election for the President of India.
The President of India is elected indirectly by the single-transferable voting system. The
President is elected by an electoral college consisting of elected representatives of the
government that form the government after being elected in the state assembly and national
elections. The nominated members of both the houses and state legislatures are not allowed to
vote in the presidential election. Hence the electoral college of the presidential election
consists of:
Lok Sabha and Rajya Sabha
Legislative Assemblies of the states
Legislative Assemblies of the Union Territories of Delhi, Jammu & Kashmir and Puducherry
(Since 1992 through 70th Constitutional Amendment Act)
Article 55 states the manner of the election of the President. It states that:
The president is elected indirectly by an electoral college.
The election shall be done by a secret ballot.
The election shall be held in accordance with the system of proportional representation by
means of a single transferable vote.
IMPORTANT POINTS - PRESIDENT OF INDIA
Eligibility to hold the office of President of India
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He should be an Indian Citizen
His age should be a minimum of 35 years
He should qualify the conditions to be elected as a
member of the Lok Sabha
He should not hold any office of profit under the
central government, state government, or any public
authority
Term of Office of President of India
Once elected, the president holds the office for a
period of five years.
Oath by
Chief Justice of India
Resignation to
Vice President of India
Re-election
A person is eligible for reelection to the office of
President.
Disputes Regarding the Election of President are
challenged in
Supreme Court of India
Immunities Enjoyed by President
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Impeachment
The President of India can never be arrested or
imprisoned.
The President of India enjoys personal immunity
from legal liability for his official acts.
Can be done only on the grounds of violation of the
President Elected for 5 year term & eligible for re-election Executive head of
India &
all the executive powers of the union shall be vested in him Supreme
commander
of the arm forces 1 st citizen of India & occupies 1st position under warrant
of precedence
POWERS OF PRESIDENT IN INDIA
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The President of the Republic of India is the head
of the Indian state, and commander in chief of all
the Indian Armed Forces. The President of India
is indirectly elected by the directly elected
members of both the Rajya Sabha and Lok Sabha,
and the legislative assemblies of the states and
union territories of India. The President of India
has been granted the responsibility and authority
to protect the Constitution.
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Legislative powers enjoyed by the President of India
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The President has the power to dissolve the Lok Sabha.
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A bill that has been passed by both the houses of the
parliament can become a law only if it receives the president.
(subject to limitations)
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The President of India has the power to nominate 12
members to the Rajya Sabha who have made extraordinary
accomplishments in the fields of science, art, literature and
social service.
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The President has the power to send a bill back to the
parliament unless it is a money bill or constitutional
amendment bill.
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Executive power enjoyed by the President of India
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The executive powers of the country are vested with the
President of India.
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The parliament can grant additional powers to the President if
it deems fit and these powers can be further delegated by the
president to state governors.
Appointing powers and duties of the President
The President has the power and responsibility to appoint the Prime Minister of India.
The President of India appoints the Chief Justice.
The President is the appointing authority for the states and also has the power to dismiss a
governor who has violated the constitution in their acts.
Other than the posts mentioned above, the President has the power to appoint on a number of
posts including, Ambassadors to other countries like, IAS, IPS, IFS, Attorney General, etcetera.
Military powers of the President
The President of India is the commander in chief of all the Indian armed forces.
The President has the power to declare war or conclude peace with any country on the advice of a
council of ministers headed by the Prime Minister.
All the treaties with any foreign countries are signed in the name of the President of India.
Or
According to the constitution of India, the President cannot act
independently, yet this position attains certain special powers and functions
to act in a specific manner. Below are the details:
Executive Powers:
The President must take the decision and act in accordance with the advice
of the Prime Minister. But President attains some executive powers:
The President has the power to execute this power independently or with
the assistance of a subordinate team.
The President is the ex-officio Supreme Commander of the Defense Forces.
He is free to declare war and peace against any country.
The transaction rules for a specific business in the government and its allotment
among Ministers are under the President’s charge with the act in accordance
with the advice of the Prime Minister.
The President holds power to appoint Prime Ministers, Union council ministers,
High Court, and Supreme Court Judges. He also appoints Lieutenant Governor,
Governor, and member of the Election commission and Finance commission.
The President must have information about all the decisions of the Council of
Ministers.
The Union territories of India are under the direct governance of the President.
He governs it with the aid of the Governor and Lieutenant Governor.
The President holds power to terminate the Governor of any state, Attorney
General of India, Supreme Court and High Court Judge, member of Election
Commission, Chairman and members of Public Service Commission of Union and
State from their position.
Legislative Powers:
The President of India also attains specific Legislative Powers according to the constitution of India,
apart from the provision to act only on the advice of the Council of Ministers. Below are the details:
The President holds the authority to call the meeting of Parliament and address it and call the
joint session of both the Parliaments. The President can also dissolve the Lok Sabha session when
he deems fit.
The President can send the intimation to any House of Parliament regarding passing any bills or
reports.
Some specific bills and reports need prior permission and sanction of the President before being
present in any house of Parliament.
According to the constitutional provisions, the President cannot act independently, but the
President can create and reorganize the structure of any state.
Conclusion:
The President has the specific power and authorities to act in accordance with
the advice of the Prime Minister. Specifically, there are particular executive and
legislative powers in India that impact India’s constitutional system and political
structure. The constitution of India has specific regulations for the election
process, tenure, functions, and powers of the President of India. All the powers
relate to the decisions of houses of Parliament, advisory committees, Union and
state councils and other associates’ departments.
PRIME MINISTER AND COUNCIL OF MINISTERS
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Article 75 of the Indian Constitution mentions that a Prime
Minister is one who is appointed by the President. There is no
specific procedure for his election or appointment. Article 74(1)
states that there shall be a Council of Ministers with a Prime
Minister at the head to aid and advise the President. Thus, the
Indian Constitution itself recognizes a Council of Ministers.
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Is prime minister of india elected or appointed?
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President of india appoints a person as the prime
minister who is either the leader of the party which
holds a majority of seats in the lok sabha or is a person
who is able to win the confidence of the lok sabha by
gaining the support of other political parties. All other
ministers are appointed by the president on the advice
of the prime minister.
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Note: president can also appoint prime minister on his
own discretion but only when no party has a clear
majority in the lok sabha. To get the list of prime
ministers of india, candidates can check the linked
article.
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Power and Function of Prime Minister
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Prime Minister of India serves the country by following various functions. He performs his
functions taking responsibilities as:
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The leader of Country: The Prime Minister of India is the Head of the Government of India.
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Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
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Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the
meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference
among the members.
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Official Representative of the country: Prime minister represents the country for high-level
international meetings
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The link between the President and the Cabinet: The Prime Minister acts as the link between
President and cabinet. He communicates all decisions of the Cabinet to the President which is
related to the administration of the affairs of the Union and proposals for legislation.
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Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments
Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of
Personnel, Public Grievances and Pensions.
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Chief Advisor: He acts as the chief advisor to the President
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Who is eligible to be a Prime Minister?
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To become an Indian prime minister one has to be
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A citizen of India.
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A member of either Rajya Sabha or Lok Sabha
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He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25
years of age if he is a member of the Lok Sabha
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Position of the Prime Minister
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Right from the days of the first Prime Minister Pandit Jawaharlal Nehru,
the Prime Minister is treated at a much higher pedestal. His preeminence
rests on his commanding position in the Cabinet, coupled with fact that he
is the leader of the majority party.
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All these positions of power when combined in one person make him rank
much above an ordinary Minister. The death or resignation of the Prime
Minister automatically brings about the dissolution of the Council of
Ministers. It generates a vacuum. The demise, resignation or dismissal of a
Minister creates only a vacancy which the Prime Minister may or may not
like to fill. The Government cannot function without a Prime Minister but
the absence of a Minister can be easily compensated.
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Relationship between the Prime Minister and the President of India
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There are a few articles in the Indian Constitution that deal with the
relationship both Prime Minister and the President share with each other.
The articles are:
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Article 74
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Article 75
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Article 78
ARTicles
Relationship between Prime Minister and the
President
74
Mentions how the Prime Minister and President are
both connected with the council of ministers. The
Council with PM as head advise President on
various issues.
75
Mentions three things:
President appoints PM and other ministers are
appointed by the President on the advice of the PM.
Ministers hold their office during the pleasure of the
President.
Council of Ministers is collectively responsible to
the Lok Sabha.
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78
PM communicates all decisions made by the
council of members to the President. President can
also refer issues for the consideration of the
council of members.
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Council of Ministers
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Which articles in the Constitution deal with the Council of Ministers?
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Two articles – Article 74 and Article 75 of the Indian Constitution deal with the
Council of Ministers. Where article 74 mentions that the council will be headed by the
Prime Minister of India and will aid and advise the President, article 75 mentions the
following things:
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They are appointed by the President on the advice of Prime Minister
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They along with the Prime Minister of India form 15% of the total strength of the
lower house i.e. Lok Sabha. (The number cannot exceed 15%)
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91st Amendment Act provided for the disqualification of the minister when he stands
disqualified as a member of Parliament. (Difference between Lok Sabha and Rajya
Sabha can be referred to in the linked article.)
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A Minister ceased to exist as one if he is not a member of either house of Parliament
for six consecutive months.
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Parliament decides the salary and allowances of the council of ministers.
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Collective Responsibility of the Council of Ministers
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In England, the Cabinet system is based on conventions. The framers of our Constitution
considered it fit to incorporate the system in the Constitution. The principle of collective
responsibility finds a place in Art. 75(3) where it is stated that the Council of Ministers
shall be collectively responsible to the Lok Sabha. In other words, this provision means
that a Ministry which loses confidence in the Lok Sabha is obliged to resign. The loss of
confidence is expressed by rejecting a Money Bill or Finance Bill or any other important
policy measure or by passing a motion of no-confidence or rejecting a motion expressing
confidence in the Ministry. When a Ministry loses the confidence of the Lok Sabha the
whole of the Ministry has to resign including those Ministers who are from the Rajya Sabha.
The Ministers fall and stand together. In certain cases, the Ministry may advise the
President to dissolve Lok Sabha and call for fresh elections.
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Types of Ministers
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The Indian Constitution does not categorize ministers into ranks, however, in
practice seen in India, ministers are of four types:
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Cabinet Ministers—He is present and he participates in every meeting of the
Cabinet.
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Minister of State with independent charge— He is a Minister of State who does not
work under a Cabinet Minister. When any matter concerning his Department is on
the agenda of the Cabinet, he is invited to attend the meeting.
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Minister of State— He is a Minister who does not have independent charge of any
Department and works under a Cabinet Minister. The work to such Minister is
allotted by his Cabinet Minister.
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Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister
of State with independent charge. His work is allotted by the Minister under whom
he is working.
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The Prime Ministers is also an important static GK topic. For information on
various static GK topics check the article linked here.
PARLIAMENT –LOKSABHA
–RAJYASABHA-ORGANISATIONS AND
Difference between the powers and position of the Lok Sabha & Rajya Sabha
POWERS
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1. The Council of States or Rajya Sabha is a permanent House and it is not subject
to dissolution. After every two years, one-third of its members retire and its same
numbers of seats are filled up by new members. The Lok Sabha is not a permanent
House. It is dissolved after the expiry of its term of five years. But it can be
dissolved before the period of five years by the President on the advice of the
Council of Ministers. New Lok Sabha is elected and constituted within a period of 6
months from the date of its dissolution.
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2. The total membership of the Rajya Sabha is 250. It is a representative House of
States but the States are not represented equally in the Rajya Sabha. Seats in the
Rajya Sabha are allocated to different States on the basis of population. Out of the
total members of the House, twelve members are nominated by the President from
amongst the persons having special knowledge or practical experience in the fields
of literature, science, art and social service. The maximum strength of the Lok
Sabha can be 552 members. Out of this, 530 members are elected from the States
and 20 members are elected from the Union Territories. The remaining two
members are nominated by the President from among the Anglo-Indian community.
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3. The members of the Rajya Sabha are elected by the Legislative Assemblies of
the respective States on the basis of proportional representation. The members of
the Lok Sabha are elected by the people directly on the basis of the secret vote
and universal franchise. For the purpose of the election, the population is divided
into various constituencies.
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4. The Chairman of the Rajya Sabha is not a member of this House. The VicePresident of India is the ex-officio Chairman of the Rajya Sabha. But the DeputyChairman of the Rajya Sabha is elected by the members of the Rajya Sabha from
amongst its members. The Speaker and the Deputy Speaker of the Lok Sabha are
the members of the House and are elected by the members of the Lok Sabha
themselves.
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5. The Money Bills cannot be introduced in the Rajya Sabha. The Money Bills can be
introduced only in the Lok Sabha.
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6. With respect to Money Bills, the Rajya Sabha can make only recommendations which
may or may not be accepted by the Lok Sabha. The Rajya Sabha is given 14 days time
to consider the Money Bills and if it fails to do anything within that period, the Bill is
deemed to have been passed in the manner it was passed by the Lok Sabha. The Lok
Sabha is not bound to accept the recommendations of the Rajya Sabha with respect to
Money Bills. The Lok Sabha has the real and final authority in respect of Money Bills.
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7. The Council of Ministers is not responsible to the Rajya Sabha. Therefore, a noconfidence motion cannot be introduced in the Rajya Sabha. The Council of Ministers is
in fact, responsible to the Lok Sabha. It can remove a government from office by
passing a resolution of no-confidence.
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8. But the Rajya Sabha exercises certain powers which are not available to the Lok
Sabha. It can declare a subject included in the State List as a subject of national
importance by passing a resolution supported by not less than two-third members
present and voting. If a subject of State List is declared of national importance,
Parliament gets the power to legislate upon such a subject. The Lok Sabha does not
have any such power to declare a subject of the State List of national importance.
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9. The Rajya Sabha has the power to create new All India Services by passing a
resolution supported by not less than two-third members present and voting. The
Lok Sabha does not enjoy any such power to create new All India Services.
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10. If and when the Lok Sabha is dissolved and the declaration of Emergency is in
force, the Rajya Sabha approves such declaration of Emergency. The Lok Sabha
does’ not get this opportunity as the Rajya Sabha is not subject to dissolution.
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11. The proposal to remove the Vice-President is initiated only in the Rajya Sabha,
not in the Lok Sabha. Lok Sabha either approves or rejects such proposal to remove
the Vice-President but it cannot initiate such a proposal.
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UTILITY OF RAJYA SABHA
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We have already discussed above that the Rajya Sabha is a permanent House.
It has some special functions to perform as provided in Arts. 249 and 312. In
the matter of Money Bills, the Rajya Sabha has very limited powers. A vote of
no confidence can neither be introduced nor passed by the Rajya Sabha.
In case of a joint sitting to resolve a dead-lock in case of Ordinary Bills the
position of Rajya Sabha is slightly weak owing of its lack of numbers as
compared to the Lok Sabha. Even though the Rajya Sabha has less powers as
compared to the Lok Sabha there are certain reasons to support its continued
existence which may be summed up as under—
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1. In a federal Constitution, a second chamber is considered necessary.
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2. Senior politicians, as well as persons who have specialized in any
particular field, may get through to the Rajya Sabha by indirect election. It is
not for everyone to obtain the support of the masses in a direct election for
the Lok Sabha.
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3. Sometimes the popular house which is directly elected is tempted to take
populist measures in order to please the electorate. In such cases, the Rajya
Sabha may play the role of applying the brakes and delaying the matter.
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SPECIAL POWERS OF RAJYA SABHA
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Due to its federal character, the Rajya Sabha has been given two exclusive or special
powers that are not enjoyed by the Lok Sabha:
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1. It can authorise the Parliament to make a law on a subject enumerated in the State List
(Article 249).
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2. It can authorise the Parliament to create new All-India Services common to both the
Centre and states (Article 312).
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An analysis of the above points makes it clear that the position of the Rajya Sabha in our
constitutional system is not as weak as that of the House of Lords in the British
constitutional system nor as strong as that of the Senate in the American constitutional
system. Except in financial matters and control over the council of ministers, the powers
and status of the Rajya Sabha in all other spheres are broadly equal and coordinate with
that of the Lok Sabha. Even though the Rajya Sabha has been given less powers as
compared with the Lok Sabha, its utility is supported on the following grounds:
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1. It checks hasty, defective, careless and ill-considered legislation made by the Lok Sabha
by making provision of revision and thought.
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2. It facilitates giving representation to eminent professionals and experts who cannot face
the direct election. The President nominates 12 such persons to the Rajya Sabha.
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3. It maintains the federal equilibrium by protecting the interests of the states against the
undue interference of the Centre.