UNION GOVERNMENT

Chapter 3
The Union Executive consists of:

– The President of India,

– The Vice-President of India,

– The Prime Minister of India,

– The Council of Ministers (CoM), and

– The Attorney General of India (AGI)

•The President of India is the highest office of the land under
the constitutional framework of India.

•The office of the President of India has been envisaged as:

• The head of the Indian State,
• The first citizen of India,
• The Titular or nominal or de jure head of the Union
Executive, and
• The Commander-in-Chief of the Indian Armed Forces.

Constitutional Provisions Related to President of India

Articles 52-78 in Part V of the Indian Constitution deal with the Union Executive of
India. They also contain some key provisions related to the President of India.

The constitutional provisions mentioned under these articles deal with matters
related to the election, qualifications, impeachment, powers &
functions, and other aspects related to the office of the President of India.
Qualifications of President of India
A person to be eligible for election as the President
of India should possess the following
qualifications.
•He/she should be a citizen of India.
•He/she should have completed 35 years of age.
•He/she should be qualified for election as a
member of the Lok Sabha.
•He/she should not hold any office of profit
under the Union government, any State
government, any local authority, or any other
public authority.
• Note: A sitting President or Vice-President,
 Election of President of India
The President of India is elected not directly by the people of India, but
by the members of a electoral college as described below.

Members who vote in the Presidential Election Members who do not vote in the Presidential Election

The elected members of both Houses of Parliament The nominated members of both Houses of Parliament

The elected members of Legislative Assemblies of The nominated members of State Legislative
States Assemblies

The elected members of Legislative Assemblies of Both elected and nominated members of State
Union Territories of Delhi and Puducherry Legislative Councils

The nominated members of Legislative Assemblies of

Union Territories of Delhi and Puducherry
What is the term of the
President’s office?
Once President is elected, he holds
office for five years.
He sits in the 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
Powers and functions of the President of India
Executive Powers of President
For every executive action that the Indian government takes, is to be taken
in his name
He may/may not make rules to simplify the transaction of business of the
central government
He appoints the Attorney General of India ( The Chief Legal advisor to the
Government of India) and determines his remuneration
He appoints the following people:
Comptroller and Auditor General of India (CAG)
Chief Election Commissioner and other Election Commissioners
Chairman and members of the Union Public Service Commission
State Governors
Finance Commission of India chairman and members
 He seeks administrative information from the Union government
 He appoints National Commissions of:
 Scheduled Castes
 Scheduled Tribes
 Other Backward Classes
 He appoints inter-state council
 He appoints administrators of union territories
 He can declare any area as a scheduled area and has powers with
respect to the administration of scheduled areas and tribal areas
Legislative Powers of President
1.He summons the Parliament and dissolve the Lok Sabha
2.He summons a joint sitting of Lok Sabha and Rajya Sabha in case of
deadlock
3.He addresses the Indian Parliament at the commencement of the first
session after every general election
4.He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy
chairman of Rajya Sabha when the seats fall vacant
5.He nominates 12 members of the Rajya Sabha
6.He consults the Election Commission of India on questions of
disqualifications of MPs.
7.He recommends/ permits the introduction of certain types of bills.
8.He promulgates ordinances
9.He lays the following reports before the Parliament:
1.Comptroller and Auditor General
2.Union Public Service Commission
3.Finance Commission, etc.
Financial Powers of President
1.To introduce the money bill, his prior recommendation is a must
2.He causes Union Budget to be laid before the Parliament
3.To make a demand for grants, his recommendation is a pre-
requisite
4.Contingency Fund of India is under his control
5.He constitutes the Finance Commission every five years

Judicial Powers of President

6.Appointment of Chief Justice and Supreme Court/High Court
Judges are on him
7.He takes advice from the Supreme Court, however, the advice is
not binding on him
8.He has pardoning power: Under Article 72, he has been
conferred with power to grant pardon against punishment for an
Pardoning powers of the president includes the
following types:

•Pardon - the grant of pardon convicts both

conviction and sentence completely absolved
•Commutation -nature of the punishment of the
convict can be changed
•Remission -reduces the term of the imprisonment
•Respite -awards lesser punishment than original
punishment by looking at the special condition of a
convict
Diplomatic Powers of President
1.International Treaties and agreements that are
approved by the Parliament are negotiated and
concluded in his name
2.He is the representative of India in
international forums and affairs

Military Powers of President

He is the commander of the defence forces of
India. He appoints:
3.Chief of the Army
4.Chief of the Navy
5.Chief of the Air Force
Emergency Powers of President
He deals with three types of emergencies
given in the Indian Constitution:
1.National Emergency (Article 352)
2.President’s Rule (Article 356 & 365)
3.Financial Emergency (Article 360)
What is the Veto Power of the President?
When a bill is introduced in the Parliament,
Parliament can pass the bill and before the bill
becomes an act, it has to be presented to the Indian
President for his approval.

It is on the President of India to either reject the bill,

return the bill or withhold his assent to the bill.

The choice of the President over the bill is called

his veto power.

The Veto Power of the President of India is guided by

Article 111 of the Indian Constitution.
Impeachment of the President in India -Article 61

The parliament can impeach the President of India. The violation of the Constitution
can remove the President, but the Constitution's violation is not defined in the
constitution.

According to the Constitution President's removal is through a process where-

• A proposal to prefer a charge is contained in a resolution brought after 14 days'
notice to the President in writing.
• The house then takes up the resolution and if the house passes the resolution with
the majority of two-thirds of the total membership of the house.
• Then the resolution is passed to the second house and the second house investigates
the charges where the President is entitled to either represent himself or get
represented.
• If the second house passes the resolution with the same majority the president
stands impeached.
 Prime Minister
Article 75 of the Indian Constitution mentions that a Prime
Minister is one who is appointed by the President.
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.

Note: President can also appoint Prime Minister on his own

discretion but only when no party has a clear majority in the Lok
Sabha
Power and Function of Prime Minister
Prime Minister of India serves the country by following various functions. He
performs his functions taking responsibilities as:

•The leader of the Country: The Prime Minister of India is the Head of the
Government of India.

•Portfolio allocation: The Prime Minister has the authority to assign

portfolios to the Ministers.

•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.

•Official Representative of the country: Prime minister represents the

country for high-level international meeting.
•The link between the President and the Cabinet: The
Prime Minister act 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.

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.

•Chief Advisor: He acts as the chief advisor to the

President
Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

•A citizen of India.

•A member of either Rajya Sabha or Lok Sabha.

•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.
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.
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.
Longest-Serving Indian Prime Minister Jawaharlal Nehru (1947 – 1964)
Second Longest-Serving Indian Prime Minister Indira Gandhi

Acting Prime Minister Twice Gulzari Lal Nanda

The first woman Prime Minister to receive the Indira Gandhi
Bharat Ratna
First Non-Congress Prime Minister of India Morarji Desai
Indian Prime Minister received Pakistan’s Morarji Desai
highest civilian award
Youngest Indian Prime Minister Rajiv Gandhi
First Prime Minister from South India P.V. Narasimha Rao
First Prime Minister of India who was a Indira Gandhi
member of the Rajya Sabha
Second person to be elected as PM for the Narendra Modi
third time after Nehru
Council of Ministers
Two articles – Article 74 and Article 75 of the Indian Constitution
deal with the Council of Ministers.
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:
•They are appointed by the President on the advice of Prime
Minister
•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%)
•91st Amendment Act provided for the disqualification of the
minister when he stands disqualified as a member of Parliament.
•Parliament decides the salary and allowances of the council of
ministers.
Categories of Ministers
•Cabinet Ministers: They are the most important members of the Council of
Ministers. They are the full-fledged end Ministers who hold important portfolios
like Defense, Finance etc

•Ministers of State : They are the second category of Ministers. They may or
may not hold an independent charge of any portfolio. The Prime Minister may
or may not consult them.

•Deputy Ministers : They are the third category of Ministers who assist the
Cabinet Ministers and the Council of Ministers.

•Term of Office: Constitutionally, the Prime Minister and his Council of Ministers
hold office till the pleasure of the President’. But the President has little power
even in this regard. The Prime Minister and the Council of Ministers are directly
responsible to the Lok Sabha and can remain in office so long as they enjoy the
majority support in Lok Sabha).
The Powers of Council of Ministers of India

1. All the departments of the Government are under the control of

the Ministers and it is their responsibility to run the
administration in a good manner.

2. It is the function of the Council of ministers to maintain order

and peace in the state.

3. They introduce Bills, participate in the discussion and cast their

vote.

4. The budget of the states is prepared by the Council of

Ministers.

5. They review the work of planning and the Planning

SUPREME COURT

The Supreme Court of India is the highest

judicial court and the final court of appeal under the
Constitution of India, the highest constitutional court, with
the power of judicial review.

•India is a federal State and has a single and unified

judicial system with three tier structure, i.e.
•Supreme Court,
•High Courts and
•Subordinate Courts.
History of the Supreme Court of India

•The promulgation of Regulating Act of 1773 established

the Supreme Court of Judicature at Calcutta as a Court of
Record, with full power & authority.

•It was established to hear and determine all complaints for

any crimes and also to entertain, hear and determine any suits
or actions in Bengal, Bihar and Orissa

•The Supreme Courts at Madras and Bombay were

established by King George – III in 1800 and 1823
respectively.

•The India High Courts Act 1861 created High Courts for
various provinces and abolished Supreme Courts at
Calcutta, Madras and Bombay.
•These High Courts had the distinction of being the highest Courts for all
cases till the creation of Federal Court of India under
the Government of India Act 1935.

•The Federal Court had jurisdiction to solve disputes between

provinces and federal states and hear appeal against Judgements from
High Courts.

•After India attained independence in 1947, the Constitution of India

came into being on 26 January 1950. The Supreme Court of
India also came into existence and its first sitting was held on 28
January 1950.

•The law declared by the Supreme Court is binding on all

Courts within the territory of India.

•It has the power of judicial review – to strike down the legislative and
executive action contrary to the provisions and the scheme of the
The Constitutional Provision

•The Indian constitution provides for a provision of Supreme Court

under Part V (The Union) and Chapter 6 (The Union Judiciary).

•Articles 124 to 147 in Part V of the Constitution deal with the

organisation, independence, jurisdiction, powers and procedures of
the Supreme Court.
•The Indian constitution under Article 124(1) states that there shall
be a Supreme Court of India constituting of a Chief Justice of India
(CJI) and, until Parliament by law prescribes a larger number, of not
more than seven other Judges.

•The Jurisdiction of the Supreme Court of India can broadly be

categorised into original jurisdiction, appellate jurisdiction and
advisory jurisdiction.
•Appointment of Judges

•The judges of the Supreme Court are appointed by

the President.

•The CJI is appointed by the President after consultation with

such judges of the Supreme Court and high courts as he
deems necessary.

•The other judges are appointed by the President

after consultation with the CJI and such other judges of the
Supreme Court and the high courts as he deems necessary.

•The consultation with the chief justice is obligatory in the case of

appointment of a judge other than Chief justice.
Qualifications Required for the Appointment of Judges
•A person to be appointed as a judge of the Supreme Court
should have the following qualifications:

• He should be a citizen of India.

• He should have been a judge of a High Court (or high
courts in succession) for five years; or
• He should have been an advocate of a High Court (or High
Courts in succession) for ten years; or
• He should be a distinguished jurist in the opinion of
the president

•The Constitution has not prescribed a minimum age for

appointment as a judge of the Supreme Court.
Tenure of Judges
•The Constitution has not fixed the tenure of a judge of the
Supreme Court. However, it makes the following three provisions
in this regard:

• He holds office until he attains the age of 65 years. Any

question regarding his age is to be determined by such
authority and in such manner as provided by Parliament.

• He can resign his office by writing to the President.

• He can be removed from his office by the President on the

recommendation of the Parliament.
•A judge of the Supreme Court can be removed from his office by an order of the
President.

•The President can issue the removal order only after an address by Parliament has been
presented to him in the same session for such removal.

•The address must be supported by a special majority of each House of Parliament (ie,
a majority of the total membership of that House and a majority of not less than two-
thirds of the members of that House present and voting).

•The grounds of removal are two—proved misbehaviour or incapacity.

•The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a
judge of the Supreme Court by the process of impeachment:

NOTE – Bhushan Ramakrishna Gavai (May 14)current Chief Justice of India.