India's Union Government: Articles 52-151 Explained
Part V of the Indian Constitution, spanning Articles 52 to 151, establishes the framework for the Union government. It comprehensively outlines the powers, functions, and composition of the Executive, including the President, Vice-President, and Council of Ministers, alongside the structure and legislative processes of Parliament. This section ensures a clear division of responsibilities and powers within India's central administration.
Key Takeaways
The Union Executive comprises the President, Vice-President, and Council of Ministers.
Parliament is bicameral, consisting of the Rajya Sabha and Lok Sabha.
The President holds significant legislative powers, including ordinance promulgation.
Articles 52-151 define the core structure and functions of India's central government.
Checks and balances are inherent in the distribution of powers among Union organs.
What constitutes the Executive branch of the Indian Union?
The Executive branch of the Indian Union, as defined in Articles 52 to 78 of the Constitution, primarily comprises the President, Vice-President, and the Council of Ministers led by the Prime Minister. This chapter meticulously details their respective roles, powers, election procedures, terms of office, and responsibilities. It establishes the President as the head of the Union Executive, with the Council of Ministers aiding and advising the President in the exercise of these functions. The Attorney General for India, as the chief legal advisor, also forms a crucial part of this framework, ensuring the smooth conduct of government business and adherence to constitutional provisions.
- President of India: Covers the President's office, executive power, election, term, re-election, qualifications, conditions, oath, impeachment, vacancy, contingency functions, and pardoning power (Articles 52-62, 70, 72).
- Vice-President of India: Defines the Vice-President's role, ex-officio Chairman of Rajya Sabha, acting President, election, term, vacancy, and oath (Articles 63-69).
- Council of Ministers: Specifies the Council's role in aiding and advising the President, and other provisions concerning ministers (Articles 74-75).
- Attorney General: Establishes the Attorney General for India, outlining duties and rights (Article 76).
- Government of India Business: Details the conduct of government business and the Prime Minister's duties (Articles 77-78).
How is the Indian Parliament structured and what are its key functions?
The Indian Parliament, established under Articles 79 to 122, serves as the supreme legislative body of the Union. It is bicameral, consisting of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People), each with distinct compositions and durations. This chapter elaborates on the qualifications for membership, the conduct of parliamentary sessions, and the procedures for introducing and passing legislation, including financial bills. It also defines the powers, privileges, and immunities of Parliament and its members, ensuring its effective functioning and accountability in the democratic process.
- Constitution of Parliament: Defines the establishment and structure of the Indian Parliament (Article 79).
- Composition of Houses: Details the composition of Rajya Sabha and Lok Sabha, census readjustment, house duration, and membership qualifications (Articles 80-84).
- Sessions, Prorogation, Dissolution: Governs summoning, prorogation, and dissolution of Parliament (Article 85).
- President's Address & Messages: Outlines the President's right to address and send messages, including special addresses (Articles 86-87).
- Ministers & Attorney General Rights: Specifies rights of ministers and Attorney General in parliamentary proceedings (Article 88).
- Council of States Leadership: Covers Chairman and Deputy Chairman of Rajya Sabha, including vacation, resignation, and powers (Articles 89-92).
- House of the People Leadership: Addresses Speaker and Deputy Speaker of Lok Sabha, their election, vacation, resignation, and powers (Articles 93-96).
- Salaries & Allowances: Determines salaries and allowances for presiding officers (Article 97).
- Parliament Secretariat: Provides for the Secretariat of Parliament (Article 98).
- Membership: Oath, Voting, Vacancies: Details oath by members and voting procedures (Articles 99-100).
- Membership: Vacating Seats & Disqualifications: Covers vacation of seats, disqualifications, and decisions on disqualifications (Articles 101-104).
- Parliamentary Powers, Privileges: Defines powers, privileges, and immunities of Parliament and members (Article 105).
- Member Salaries & Allowances: Specifies salaries and allowances of members of Parliament (Article 106).
- Bill Introduction & Passage: Outlines provisions for bill introduction and passing, including joint sittings (Articles 107-108).
- Financial Bills: Details procedures for Money Bills, their definition, assent, annual financial statements, estimates, appropriation bills, and grants (Articles 109-117).
- Parliamentary Rules & Procedure: Covers rules of procedure, regulation by law, language, discussion restriction, and court inquiry limitations (Articles 118-122).
When can the President exercise legislative powers through ordinances?
The President of India possesses significant legislative powers, particularly the authority to promulgate ordinances, as outlined in Article 123 of the Constitution. This power is exercised when both Houses of Parliament are not in session, and the President deems that immediate action is necessary. Such ordinances have the same force and effect as an Act of Parliament but are temporary in nature. They must be laid before both Houses of Parliament when they reassemble and cease to operate six weeks from the reassembly, or earlier if disapproved by resolutions of both Houses.
- Ordinances During Recess: Details the President's power to promulgate temporary ordinances when Parliament is not in session, requiring subsequent parliamentary approval (Article 123).
Frequently Asked Questions
What is the primary focus of Part V of the Indian Constitution?
Part V of the Indian Constitution, spanning Articles 52 to 151, primarily focuses on defining the structure, powers, and functions of the Union government, encompassing the Executive, Parliament, and the President's legislative authority.
Who are the key components of the Union Executive?
The Union Executive comprises the President of India, the Vice-President, and the Council of Ministers, which is headed by the Prime Minister. The Attorney General for India also plays a vital role within this branch.
How does the Indian Parliament function as a legislative body?
The Indian Parliament, a bicameral legislature, consists of the Rajya Sabha and Lok Sabha. It functions by introducing and passing bills, debating national issues, and holding the Executive accountable, all governed by specific constitutional procedures.
