Union
1. Articles related to the Union
Articles 52 to 73 of the Indian Constitution are part of Part V, which deals with the structure and functioning of the Union Government. These articles lay down the provisions related to the President of India, who is the ceremonial head of the country and acts as the constitutional head of the Union Executive. Here is a basic idea of these articles:
Article 52: It states that there shall be a President of India who will be the head of the state and shall be elected by an Electoral College consisting of elected members of both Houses of Parliament and the Legislative Assemblies of the States.
Article 53: This article establishes the executive power of the Union vested in the President and states that the President shall exercise this power directly or indirectly through officers subordinate to him.
Article 54: It deals with the manner of the President’s election. The President is elected by an Electoral College through a single transferable vote system.
Article 55: This article specifies the qualifications required to be eligible for the office of President.
Article 56: It deals with the term of office of the President, which is five years.
Article 57: This article lays down the eligibility for re-election of the President.
Article 58: It describes the qualifications required for a person to be eligible for re-election as President.
Article 59: This article sets out the procedure for the election of the Vice-President of India.
Article 60: It specifies the manner of administering the oath of office to the President and Vice-President.
Article 61: This article deals with the procedure for impeachment of the President on grounds of violation of the Constitution.
Article 62: It lays down the provisions for the time of holding the election to fill the vacancy in the office of President or Vice-President.
Article 63: This article deals with the procedure of a Presidential election if there are multiple candidates, and no candidate secures the required majority in the first round.
Article 64: It specifies the conditions under which a person can be deemed to be elected as President or Vice-President.
Article 65: This article deals with the resignation of the Vice-President.
Article 66: It specifies the term of office of the Vice-President.
Article 67: This article deals with the election of the Vice-President as the ex-officio Chairman of the Rajya Sabha (Upper House of Parliament).
Article 68: It mentions the manner of election of the Vice-President.
Article 69: This article deals with the time of holding the election to fill the vacancy in the office of the Vice-President.
Article 70: It deals with the procedure of the Vice-President’s election if there are multiple candidates, and no candidate secures the required majority in the first round.
Article 71: This article lays down the provisions for disputes regarding the election of the President and Vice-President.
Article 72: It provides the President with the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense.
Article 73: This article deals with the extent of the executive power of the Union and the States. It states that the executive power of the Union shall extend to matters on which Parliament has the power to make laws.
2. President of India
The President of India is the first citizen of the country. According to Article 52 of the Indian Constitution, he/she is said to be the head of the Republic of India. Therefore the President of India is also the formal head of the judicial, executive, and legislative activities. He/She is also the Supreme Commander of the Defense Forces and a part of the Union executive along with the Prime Minister, Vice President, Attorney General, and Council of Ministers.
Qualifications of President
- He is a citizen of India.
- He is at least 35 years old.
- He should be qualified for the election to become a member of the Lok Sabha.
- He must not hold any office of profit under Union or any State or any other authority subject to the control of any of the governments.
- But, the offices of the President or the Vice-President or the Governor of a State or a Minister for the union or for any state would not be deemed to be holding an office of profit.
- The President is elected for a tenure of five years.
- He might terminate his own term by writing a resignation addressed to the Vice President. He can be removed from office only by impeachment.
- He is eligible to be re-elected for the same office unlimited times.
- Elected members of parliament (MPs from Lok Sabha as well as Rajya Sabha).
- Elected members of State legislative members, counting that of NCT of Delhi and Pondicherry.
- Members of legislative councils in the states where there are bicameral legislatures do not participate in the election of the President.
The President of India, as the ceremonial head of the country and the constitutional head of the Union Executive, possesses various functions and powers that are divided into different categories. Here is an overview of the President’s functions and powers in various domains:
Executive Powers:
- Appointments: The President appoints various high constitutional functionaries, including the Prime Minister, Union Council of Ministers, Chief Justice of India, judges of the Supreme Court, and high-level officials in key government institutions.
- Executive Orders: The President issues executive orders for the enforcement of laws and policies passed by the government.
- Pardoning Power: The President can grant pardons, reprieves, respites, or remissions of punishment or suspend, remit, or commute the sentence of any person convicted of any offense.
Legislative Powers:
- Summoning and Proroguing Sessions: The President summons and prorogues sessions of Parliament (both Houses – Lok Sabha and Rajya Sabha).
- Dissolution of Lok Sabha: The President can dissolve the Lok Sabha (the House of the People) if the government loses the majority or in certain other circumstances.
- Assent to Bills: The President gives assent to bills passed by Parliament, without which they cannot become law.
- Right to Address and Send Messages: The President has the right to address and send messages to Parliament.
Financial Powers:
- Money Bills: The President can recommend changes or reject money bills but cannot withhold his assent indefinitely.
- Financial Emergency: The President can declare a financial emergency if he/she is satisfied that the financial stability or credit of India or any part thereof is threatened.
Judicial Powers:
Diplomatic Powers:
Military Powers:
- Supreme Commander of Armed Forces: The President is the Supreme Commander of the Indian Armed Forces and exercises control over them.
- Declaring War and Peace: The President has the power to declare war and make peace, subject to parliamentary approval.
Emergency Powers:
- National Emergency: The President can declare a national emergency if the security of India or a part thereof is threatened by war, external aggression, or armed rebellion.
- State Emergency: The President can declare a state emergency if he/she is satisfied that the government in a particular state cannot be carried out in accordance with the Constitution.
2.2 Resignation of the President of India
- According to Article 56 of the Indian Constitution, the President has the right to resign from office by writing a letter of resignation to the Vice President.
- The resignation letter must be addressed to the Vice President and handed over to him in person or delivered to him in his office.
- Once the Vice President receives the resignation letter, he shall forward it to the Speaker of the Lok Sabha (House of the People) for necessary action.
2.3 Impeachment of the President of India
The process of impeaching the President of India is detailed in Article 61 of the Indian Constitution. The President can be impeached on the grounds of violating the Constitution. The impeachment process is a political process and involves both Houses of Parliament.
The steps involved in the impeachment process are as follows:
Motion:
- A notice of motion for the President’s impeachment is given in either the Lok Sabha or the Rajya Sabha (Council of States).
- The motion must be signed by at least one-fourth of the total members of the House that gives the notice.
Admissibility:
- The motion is examined by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha to determine its admissibility. If the motion is in order, it is admitted.
Investigation Committee:
- After the motion is admitted, a committee is formed to investigate the charges against the President. The committee is composed of members from both Houses.
Investigation and Report:
- The investigation committee conducts a thorough inquiry into the charges and presents its findings and report to the Parliament.
Resolution:
- Based on the investigation committee’s report, a resolution for the President’s impeachment is moved in the House where the motion was initially introduced.
Voting:
- The resolution is put to vote, and a special majority is required to pass the resolution.
- A special majority means the resolution must be supported by a majority of not less than two-thirds of the members present and voting in each House.
Another House:
- If the resolution is passed in one House, it is then sent to the other House for consideration.
Joint Sitting:
- If the resolution is passed by both Houses, a joint sitting of both Houses is convened to discuss the charges and vote on the impeachment.
Impeachment:
- If the impeachment motion is accepted by a special majority in the joint sitting, the President stands impeached from office.
3. Vice-President of India
- The office of the Vice-President is the second highest office in India
- This office of the Vice-President is modelled on the lines of the American Vice-President.
- The Vice-President chairs the office for a term of five years from the date on which he enters his office.
- However, he could resign from his office at any time by addressing the resignation letter to the President.
- A formal impeachment is not needed for his removal.
- He can be removed only by a resolution of the Rajya Sabha passed by an absolute majority (i.e., a majority of the total members of the House) and agreed to by the Lok Sabha.
- He is also qualified for re-election to that office. He might be elected for any number of terms.
- He has to be a citizen of India.
- He must have completed 35 years of age.
- He ought to be qualified for election as a member of the Rajya Sabha.
The Vice-President, similar to the President, is elected not directly but indirectly.
Hence, this electoral college is different from the electoral college for the election of the President in the following manner:
- It is composed of both elected and nominated members of both houses (in the case of the President, only elected members).
- It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included).
- He must not be a member of either the House of Parliament or the state legislature. If one of these people is elected Vice-President, he is considered to have resigned his seat in the House on the day he takes office as Vice- President.
- He must not hold any office of profit under any government.
4. The President’s role, responsibilities, and relationship with the Prime Minister, Council of Ministers, and Cabinet ministers:
Role of the President:
- Head of the State: The President is the ceremonial head of the Indian state, representing the nation at official functions and events both domestically and internationally.
- Constitutional Head: The President is the constitutional head of the Union Executive and is vested with executive powers, which are exercised on the advice of the Council of Ministers.
- Commander-in-Chief: The President is the Supreme Commander of the Indian Armed Forces.
- Guardian of the Constitution: The President is responsible for upholding and protecting the Constitution of India.
- Source of Executive Power: All executive actions and decisions are taken in the name of the President.
Responsibilities of the President:
- Appointments: The President appoints various high constitutional functionaries, including the Prime Minister, Union Council of Ministers, Chief Justice of India, judges of the Supreme Court, and other officials.
- Legislative Functions: The President summons, prorogues, and dissolves sessions of Parliament. The President also addresses both Houses of Parliament and can send messages to them.
- Assenting to Bills: The President gives assent to bills passed by Parliament, without which they cannot become law.
- Diplomatic Powers: The President appoints Indian ambassadors to foreign countries and receives credentials from foreign ambassadors.
- Pardoning Power: The President can grant pardons, reprieves, respites, or remissions of punishment or suspend, remit, or commute the sentence of any person convicted of any offense.
- Declaring Emergency: The President can declare a national emergency, state emergency, or financial emergency under specific circumstances.
Relationship with the Prime Minister and Council of Ministers:
- Appointment of Prime Minister: After the general elections, the President appoints the leader of the political party or coalition with a majority in the Lok Sabha (House of the People) as the Prime Minister.
- Dismissal of Prime Minister: The President can dismiss the Prime Minister if they lose the confidence of the Lok Sabha and do not resign voluntarily.
- Council of Ministers: The President appoints the Council of Ministers on the Prime Minister’s advice. The Council of Ministers is collectively responsible to the Lok Sabha.
Relationship with Cabinet Ministers:
- Appointment of Cabinet Ministers: The President appoints Cabinet ministers on the Prime Minister’s advice.
- Dismissal of Cabinet Ministers: The President can dismiss a Cabinet minister on the Prime Minister’s recommendation.
- Oath of Office: The President administers the oath of office to the Prime Minister and other ministers.
5. The prime minister and Council of the minister- Articles 74-75
Article 74 and Article 75 of the Indian Constitution pertain to the Prime Minister and the Council of Ministers. These articles outline the roles, functions, and responsibilities of the Prime Minister and the composition of the Council of Ministers in the central government.
Article 74: Council of Ministers to aid and advise the President
- Article 74(1): According to this clause, there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. The President acts on the advice of the Council of Ministers and is bound by this advice. The President cannot exercise executive powers independently but acts on the aid and advice of the Council of Ministers.
- Article 74(2): This clause further clarifies that the question of what advice was given by the Council of Ministers to the President cannot be inquired into in any court of law. In other words, the President’s decisions based on the advice of the Council of Ministers are immune from judicial review.
Article 75: Appointment of Prime Minister and Council of Ministers:
- Article 75(1): According to this clause, the Prime Minister shall be appointed by the President, and the other ministers shall be appointed by the President on the advice of the Prime Minister. The President appoints the Prime Minister and other ministers on the recommendation of the Prime Minister.
- Article 75(2): The Council of Ministers is collectively responsible to the House of the People (Lok Sabha) of Parliament. This means that the Council of Ministers stays in office as long as it enjoys the confidence of the Lok Sabha. If the government loses the confidence of the Lok Sabha, the Prime Minister and the entire Council of Ministers are expected to resign.
- Article 75(3): The ministers who are not members of either House of Parliament (Lok Sabha or Rajya Sabha) are appointed to either House within six months of their appointment as ministers.
- Article 75(4): The Council of Ministers is responsible for the formulation and implementation of government policies. Each minister is individually responsible for the functioning of the department or ministry allocated to them.
- Article 75(5): The Prime Minister communicates all decisions of the Council of Ministers to the President and provides information regarding the administration of the affairs of the Union and proposals for legislation.
The Prime Minister of India holds a significant position in the country’s political system and exercises various powers and functions. The Prime Minister is the head of the government and leads the Council of Ministers. Here are the key powers and functions of the Prime Minister:
- Head of the Government: The Prime Minister is the head of the central government and holds the highest executive authority in the country.
- Leader of the Council of Ministers: The Prime Minister is the leader of the Council of Ministers and plays a crucial role in its formation, allocation of portfolios to ministers, and coordination of their activities.
- Chief Advisor to the President: The Prime Minister advises the President on various matters of governance and administration and helps the President in the exercise of his/her powers.
- Formulation and Implementation of Policies: The Prime Minister plays a pivotal role in formulating government policies and programs and ensures their effective implementation.
- Coordination of Government Departments: The Prime Minister coordinates the activities of different government departments and ministries to ensure smooth functioning and policy coherence.
- Representation at International Forums: The Prime Minister represents India at various international forums and plays a key role in shaping the country’s foreign policy.
- Legislative Role: The Prime Minister plays a significant role in the legislative process. The government’s legislative agenda is largely driven by the Prime Minister’s policies and priorities.
- Appointments: The Prime Minister recommends the appointment of key constitutional functionaries, such as ministers, Attorney General, Comptroller and Auditor General (CAG), and members of various commissions.
- Crisis Management: During times of crisis, such as natural disasters or security threats, the Prime Minister provides leadership and guides the government’s response.
- Public Communication: The Prime Minister communicates government policies, decisions, and initiatives to the public through speeches, press conferences, and other media interactions.
- Budgetary Matters: The Prime Minister plays a crucial role in the formulation and presentation of the Union Budget, which is one of the most significant economic policy documents of the government.
- Foreign Policy: The Prime Minister oversees and formulates India’s foreign policy, establishes diplomatic ties with other nations, and represents India on the global stage.
- Commander-in-Chief: Though the President is the Supreme Commander of the Armed Forces, the Prime Minister has significant influence over defense and national security matters.
- Parliamentary Affairs: The Prime Minister is actively involved in parliamentary affairs and plays a key role in garnering support for government policies and legislation.
The Council of Ministers in India is a key body within the central government that aids and advises the President in the exercise of his/her functions. It is headed by the Prime Minister, who is the leader of the Council of Ministers. The Council of Ministers plays a crucial role in the functioning of the executive branch of the Indian government. Here’s a closer look at the Council of Ministers:
- Cabinet Ministers: These are senior ministers who head major government departments and play a crucial role in policy formulation and decision-making.
- Ministers of State: They are junior ministers who assist Cabinet ministers in their respective departments.
The Attorney General of India is a constitutional position created under Article 76 of the Indian Constitution. The Attorney General is considered the highest law officer of the government and serves as the principal legal advisor to the Government of India. Here are the key provisions related to the Attorney General of India in the Constitution:
- Appointment: Article 76(1) states that the President of India appoints the Attorney General. The appointment is made based on the President’s discretion, and there are no specific qualifications or eligibility criteria mentioned in the Constitution.
- Qualifications: While the Constitution does not specify any specific qualifications for the position, it is customary that the Attorney General is a distinguished jurist, an eminent lawyer with vast legal experience, and an expert in constitutional and administrative law.
- Term of Office: The Attorney General holds office during the pleasure of the President, which means the President can remove the Attorney General from office at any time.
- Role and Functions: The primary role of the Attorney General is to provide legal advice to the Government of India. The Attorney General represents the Government in significant legal matters, including cases before the Supreme Court of India. They also offer legal opinions on legal questions referred to them by the President or the ministers.
- Independence: The Attorney General is expected to act independently and impartially in their role as the principal legal advisor to the government. They are not considered a member of the Council of Ministers and do not have voting rights in the Cabinet.
- Participation in Parliament: Although not a member of Parliament, the Attorney General has the right to participate in the proceedings of both Houses of Parliament and their committees. However, they do not have the right to vote.
- Right to Audience in Courts: The Attorney General has the right to appear and participate in any court in India, including the Supreme Court and High Courts, in any case, or matter in which the Government of India is a party or has an interest.
- Privileges and Immunities: The Attorney General enjoys certain privileges and immunities similar to those of a member of Parliament. They cannot be held liable for any speech or vote in Parliament or any committee thereof.
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