Union Government under Part V of the Indian Constitution

 

Union Government under Part V of the Indian Constitution

Part V of the Indian Constitution: Union Government

Part V of the Indian Constitution (Articles 52 to 151) lays down the framework for the Union Government of India, including the President, Vice-President, Council of Ministers, Parliament, and legislative procedures. It establishes India as a sovereign, democratic republic with a clear separation of powers between the Union and States.

1. Structure of Union Government

The Union Government has three main branches:

1.    Executive – Headed by the President of India, including the Vice-President, Prime Minister, and Council of Ministers.

2.    Legislature (Parliament) – Consists of the President and two Houses: Lok Sabha (House of the People) and Rajya Sabha (Council of States).

3.    Judiciary – Though the judiciary is covered under Part VI and Part VIII, Part V mentions its interaction with legislative and executive powers in certain contexts.

 

detailed diagram showing the hierarchy and structure of the Union Government under Part V

 

The President of India (Articles 52–62)

• Position: Constitutional head of the Union.
• Election: Elected by an Electoral College (members of both Houses of Parliament + elected members of State Legislative Assemblies).
• Term: 5 years; eligible for reelection.
• Powers:
• Executive Powers: Appoints Prime Minister, Governors, Supreme Court & High Court judges, ambassadors.
• Legislative Powers: Summons Parliament, addresses sessions, gives assent to bills, issues ordinances under Article 123.
• Judicial Powers: Grants pardons, reprieves, respites, or remissions under Article 72.
• Emergency Powers: Can proclaim national, state, or financial emergency under Articles 352, 356, 360.

Vice-President of India (Articles 63–64):

• Acts as the Deputy to the President.
• Elected by members of both Houses of Parliament.
• Primarily serves as Chairman of Rajya Sabha.

 

 

The Union Executive

Prime Minister and Council of Ministers (Articles 74–75)

• Prime Minister (PM): Head of the government and chief advisor to the President.
• Council of Ministers: Aids and advises the President. Includes Cabinet Ministers, Ministers of State, and Deputy Ministers.
• Collective Responsibility: Council of Ministers is collectively responsible to Lok Sabha.
• Appointment & Tenure:
• PM appointed by the President.
• Other ministers appointed on PM's advice.
• Hold office during the pleasure of the President, but effectively until they retain parliamentary support.

Key Features of Executive under Part V:

1.    Unitary Features – President is the real executive.

2.    Parliamentary Features – PM and Council of Ministers accountable to Lok Sabha.

3.    Dual Role of President – Head of state & formal executive authority.

 

 

The Union Legislature (Articles 79–122)

• Parliament = President + two Houses.
• Bicameral System:
• Rajya Sabha (Council of States): Permanent, 245 members, 1/3 retire every 2 years.
• Lok Sabha (House of the People): Directly elected, 543 members (as per latest), term of 5 years.

Functions of Parliament:

1.    Legislative Function: Makes laws for the Union (List I of Seventh Schedule).

2.    Financial Function: Controls finances; approves budget, taxation, and expenditure.

3.    Executive Control: Can remove PM or Council of Ministers via vote of no-confidence.

4.    Judicial/Amendment Function: Can propose Constitutional amendments under Article 368.

Legislative Procedure:

• Bill introduced in either House (except Money Bill in Lok Sabha).
• Passed by both Houses and assented by the President.
• President can return a bill (except Money Bill) for reconsideration.

 

 

Parliamentary Procedure and Sessions (Articles 85–88)

• Sessions: Parliament meets at least twice a year, with intervals not exceeding six months.
• Presiding Officers:
• Lok Sabha → Speaker
• Rajya Sabha → Vice-President (Chairman)
• Quorum: 1/10th of members must be present to conduct business.

 

 

Legislative Powers of the Union

• Union List (List I): Parliament has exclusive power to make laws on subjects like defense, foreign affairs, currency, atomic energy, railways, etc.
• Concurrent List (List III): Parliament and State Legislatures can make laws; in case of conflict, Union law prevails.
• Residuary Powers: Parliament can legislate on subjects not enumerated in the Seventh Schedule.

Article 249: Parliament can legislate on State List in national interest with Rajya Sabha approval.

 

 

Emergency Provisions under Part V

• National Emergency (Article 352): President can assume wide powers during war, external aggression, or internal disturbance.
• State Emergency (President's Rule) (Article 356): Dissolve State Government if constitutional machinery fails.
• Financial Emergency (Article 360): President can control financial matters of states.

Impact: During emergencies, Parliament gains expanded legislative power, and state autonomy reduces.

 

Other Important Provisions

• President's Address (Article 87): Marks the beginning of parliamentary sessions, outlines government policies and agenda.
• Ordinances (Article 123): Temporary laws promulgated by President when Parliament is not in session.
• Privileges of Parliament & Members (Articles 105–106): Freedom of speech in Parliament, immunity from legal action.
• Disqualification of Members (Articles 102, 103): Details conditions for MPs’ disqualification.

 

Key Features of Union Government under Part V

1.    Federal-Parliamentary Hybrid: While India is federal, the Union has strong central features.

2.    Parliamentary System: PM and Ministers are responsible to Lok Sabha.

3.    Bicameral Legislature: Reflects both population (Lok Sabha) and states' interests (Rajya Sabha).

4.    President as Constitutional Head: Acts on advice of Council of Ministers but has discretionary powers in certain situations.

5.    Emergency Provisions: Strengthens Union during crises.

6.    Separation of Powers: Ensures clear roles of legislature and executive, though judiciary ensures legality.

 

Conclusion

Part V of the Indian Constitution lays down a comprehensive blueprint for the Union Government, balancing democratic principles with strong central authority. It ensures:

• Democratic accountability of the executive.
• Parliamentary supremacy in legislation.
• Flexibility during emergencies.
• Integration of diverse states under a unified government.

In essence, Part V creates a stable, accountable, and resilient framework for governing the Union of India.

 

 

Overview of Part V: The Union

Chapter	Articles	Covers
I. The Executive	52 – 78	President, Vice-President, PM, Council of Ministers, AGI
II. Parliament	79 – 122	Lok Sabha, Rajya Sabha, Sessions, Officers, etc.
III. Legislative Procedure	107 – 122	Law-making process
IV. Union Judiciary	124 – 147	Supreme Court
V. Comptroller and Auditor-General	148 – 151	CAG of India

 

 

The Executive (Articles 52–78)

Post	Article	Key Role
President	52–62	Head of State, signs bills into law
Vice-President	63–71	Ex-officio Chairperson of Rajya Sabha
Prime Minister	74	Real executive power
Council of Ministers	74–75	Advises President
Attorney General of India	76	Legal advisor to Government of India
Duties of PM & Ministers	77–78	Conduct of business, duties of PM

 

 

The Parliament (Articles 79–122)

Component	Article	Details
Parliament	79	President + Lok Sabha + Rajya Sabha
Rajya Sabha	80–84	Council of States, 250 members
Lok Sabha	81–84	House of People, 550 members (max)
Officers	89–98	Speaker, Chairman, Secretariat
Privileges	105	Freedom of speech in Parliament
Salaries	106	Salaries of MPs

 

 

Legislative Procedure (Articles 107–122)

• Introduction and passage of bills
• Joint sittings (Article 108)
• Assent of the President (Article 111)
• Money Bills (Articles 110, 112–117)
• Procedure in financial matters

 

 

Union Judiciary – Supreme Court (Articles 124–147)

Aspect	Article	Details
Supreme Court	124	Composition, appointment of judges
Tenure	124(4)	Removal process of SC judges
Jurisdiction	131–136	Original, appellate, advisory powers
Review & Writs	137–140	Power to review, issue writs, etc.
Constitution Bench	143	President can seek advice

 

 

Comptroller and Auditor-General (Articles 148–151)

• CAG is appointed under Article 148
• Audits accounts of Union and States
• Reports to the President who lays it before Parliament

 

 

Key Features of Union Government (Part V)

Feature	Description
Parliamentary system	Real power lies with PM and Council of Ministers
Separation of powers	Legislature (Parliament), Executive, Judiciary
Bicameral legislature	Lok Sabha + Rajya Sabha
Judicial Independence	Supreme Court is independent of government
Financial control	Union Budget, CAG reports, money bills