Indian Constitution 4th Sem BBA

Union Government
President
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 Vice- President, Prime Minister,
Council of Ministers, and Attorney-General of India.

President elected:
There is no direct election for the Indian President. An electoral college elects him. The electoral college
responsible for President's elections comprises elected members of:

• Lok Sabha and Rajya Sabha

• Legislative Assemblies of the states (Legislative Councils have no role)
• Legislative Assemblies of the Union Territories of Delhi and Puducherry

Who does not take part in the President's elections

• Nominated Members of 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 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.

Qualifications President:
• 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 am public
authority

Conditions of President's office:

• 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.

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President's office be vacant:

• When the President of India completes his term of five years in the office
• If the President resigns by putting forward his resignation to the Vice-President of India If Lok
Sabha/Rajya Sabha initiates an impeachment charge and they stand valid he is removed
• If he dies in the office
• If the Supreme Court declares his election invalid

POWERS AND FUNCTIONS OF 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 and determines his remuneration
✓ He appoints the following people:
o Comptroller and Auditor General of India (CAG)
o Chief Election Commissioner and other Election Commissioners
o Chairman and members of the Union Public Service Commission
o State Governors
o Finance Commission of India chairman and members
✓ He seeks administrative information from the Union government He requires PM to submit, for
consideration of the council of ministers, any matter on which a
✓ decision has been taken by a minister but, which has not been considered by the council National
o Scheduled Castes
o Scheduled Tribes
o 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
with respect to the administration of scheduled areas and tribal areas

Legislative Powers of President

➢ He summons or prorogues Parliament and dissolve the Lok Sabha
➢ He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
➢ He addresses the Indian Parliament at the commencement of the first session after every general
election
➢ He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha
when the seats fall vacant (to know the difference between Lok Sabha and Rajya Sabha check the
linked article) He nominates 12 members of the Rajya Sabha 1111
➢ He can nominate two members to the Lok Sabha from the Anglo-Indian Community
➢ He consults the Election Commission of India on questions of disqualifications of MPs He
recommends/ permits the introduction of certain types of bills (to read on how a bill is passed in the
Indian Parliament, check the linked article.)
➢ He promulgates ordinances
➢ He lays the following reports before the Parliament
• Comptroller and Auditor General
• Union Public Service Commission
• Finance Commission, etc.

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Financial Powers of President

➢ To introduce the money bill, his prior recommendation is a must
➢ He causes Union Budget to be laid before the Parliament
➢ To make a demand for grants, his recommendation is a pre-requisite Contingency Fund of India is
under his control
➢ He constitutes the Finance Commission every five years Judicial Powers of President
➢ Appointment of Chief Justice and Supreme Court/High Court Judges are on him He takes advice from
the Supreme Court, however, the advice is not binding on him He has pardoning power: Under article
72 he has been conferred with power to grant pardon against punishment for an offence against
union law, punishment by a martial court, or death sentence

Diplomatic Power of President

• International Treaties and agreements that are approved by the Parliament are negotiated and
concluded in his name
• 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:

• Chief of the Army

• Chief of the Navy
• Chief of the Air Force

Emergency Powers of President

➢ He deals with three types of emergencies given in the Indian Constitution:
➢ National Emergency (Article 352)
➢ President's Rule (Article 356 & 365)
➢ Financial Emergency (Article 360)

Prime Minister
Indian Constitution states about the Prime Minister in Article 75.

Prime Minister of India: Appointment Details

It is mentioned in the Article 75 of the Indian Constitution that there would be a Prime Minister of the
country who would be appointed by the President and chosen by the people of India through General
Elections. He is thus the people's representative. Prime Minister is the head of the Cabinet. He along with the
Council of Ministers forms the executive power at the Center. In short while the President is referred to as the
head of the State, the Prime Minister is called the head of the Government.

Functions and Powers of the Prime Minister

1. He proposes the names of the members of his political party to President for appointment as Ministers.
2. He decides the distribution of charge to various ministers and can reshuffle their cabinet also.
3. He presides over the meetings of Cabinet and can change the decisions taken therein.
4. He can suggest the President of India about the resignation or removal of any Minister from his Cabinet.
5. He also controls and directs the functioning of Ministers in the Cabinet.
6. He can resign anytime and can suggest the President of India to dissolve the Cabinet. He can suggest the
President to dissolve Lok Sabha and to organize fresh elections.

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a. Rights and powers with regard to Appointments:

Prime Minister can suggest the President about appointment of the following :

1. Comptroller and Auditor General of India

2. Attorney General of India
3. Advocate General of India
4. Chairman and members of UPSC
5. Selection of Election Commissioners
6. Members and chairman of Finance Commission

b. Rights/Powers with regard to Parliament of India

Prime Minister is the leader of the lower house and can exercise following powers:

1. He decides the foreign policy of the country.

2. He is the speaker of the Central Government.
3. He is the leader of the ruling party in the Parliament.
4. He is the chairman of NITI Aayog National Development Council, National Integration Council, Inter-state
Council, National Water Resources Council.
5. He is the head of disaster management team during emergency at political level.
6. He is the political head of all the forces.

Duties of the Prime Minister:

1. Forms the Government:

The Constitution specifically provides that the President shall appoint the ministers on the advice of the Prime
Minister. Prior to the passage of 42nd Amendment Act 1976, his advice used to be accepted by the President,
inconsonance with conventions of a parliamentary democracy.

2. Allocation of Portfolios:

The Prime Minister allocates portfolios to the individual Minister according to his choice. He is empowered to
review the allocation of offices among his colleagues, from time to time. Though the Prime Minister possesses
discretionary authority to assign portfolios yet important party whips must get portfolios of substantial
importance, otherwise they would not accept the offices of insignificant nature.

3. Shuffling of his Pack:

The Prime Minister can shuffle his pack as he pleases. As a captain of the team and head of the administration,
he can drop out any of his colleagues if in his opinion the presence of such a colleague is detrimental to policy
of the Government. If difference of opinion between him and any minister arises, it is the latter who quits. He
can demand his resignation.

4. Chairman of the Cabinet:

As a Chairman of the Cabinet, the P.M. presides over the meetings of the Cabinet and determines what
business is to be transacted in these meetings. He controls the agenda of the Cabinet meetings. He may accept
or reject proposals for Cabinet discussions.

5. Coordinator:

The Prime Minister is the chief coordinator of government business. He is to coordinate the activities of
several heads of departments and various ministers. Co-ordination is done through various committees of the

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Cabinet and not the Prime Minister alone. A general supervision of the departments is still done by him. The
departmental heads invariably consult him in all major and minor matters.

6. Leader of the Lok Sabha:

The Prime Minister of India is a leader of the Lok Sabha, where the Prime Minister designates another
colleague as the leader of the House in order to lessen his onerous burden of responsibilities, though the
ultimate responsibility still rests with the Prime Minister. Our Prime Minister makes all important policy
announcements.

7. Link between the President and the Cabinet:

He is the chief link between the President and the Cabinet. He communicates to the President all decisions of
the Cabinet, relating to the administration of the affairs of the Union and proposals for legislation. He is to
furnish such information to the President, as and when the latter asks for.

8. Makes Major Appointments:

He exercises vast patronage in the matter of appointments. In reality, all major appointments viz., Governors,
ambassadors, members of Public Service Commission etc. etc. are made by him, though in the name of the
President of India. He may consult his colleagues.

9. Spokesman of Government Policy:

He is the chief spokesman of the Government on all matters of domestic and foreign policy. His role in shaping
general policy is decisive. He represents India in various International and Commonwealth conferences.
Jawaharlal was a frequent visitor of foreign countries for various international agreements and treaties.

10. Leader of the Nation:

The Prime Minister is not only the leader of the majority party or head of the government, but he is also the
leader of the nation. He is to shape the destiny of the nation. It is said “when he speaks, the Nation has
spoken”. The first three General Elections have been in reality the elections of Prime Minister.

11. As Leader of the Party:

The Prime Minister in India has emerged as the leader of the Party, though ordinarily the President of the
party supporting the Prime Minister could afford to be more assertive yet in case of India

Council of Ministers
Council of Ministers with the Prime Minister as its head are provided by the Article 75 of the Indian
Constitution which lays down the basic rules regarding the organisation of the Union Council of Ministers. The
Council of Ministers has a strong and central position as the real and powerful executive in the Indian political
system. All the powers of the President of India are really exercised by the Council of Ministers.

Eligibility for being a Union Minister

• In order to be a Minister, a person has to be a member of either of the two Houses of Parliament.
• However, even if a person is not a member of any of the two Houses, he can become a Minister for a
period of six months.
• Within six months the Minister has to get himself/herself elected to either House of Parliament,
failing which he/she ceases to be a Minister.

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Union Council of Minister Disqualification

Additionally, a member of parliament who was expelled for defecting would not be qualified to serve as a
minister. But he will be qualified to become a minister if he wins the next newly held Parliamentary election.

Union Council of Minister in Parliamentary Proceeding

Members of either House may be chosen as ministers. A Minister who is a member of one chamber has the
right to speak in and participate in the activities of the other House, but he or she does not have the right to
vote in that chamber.

Union Council of Minister Salary

According to the constitution, ministers receive salaries and benefits that may occasionally be set by law by
the Parliament. Each minister is entitled to the same pay and benefits as a member of Parliament as a result of
a statute passed by Parliament in 1985.

Union Council of Minister Strength

The Constitution makes no indication of its size or classification. The Prime Minister sets its dimensions based
on the demands of the moment and the circumstances. However, in accordance with the 91st Constitutional
Amendment Act of 2003, it cannot exceed 15% of the Lok Sabha’s total membership.

Appointment of Council of Ministers:

According to Article 75 of the Indian Constitution, council of ministers are selected by the Prime minister. The
President appoints them thereafter. While selecting the ministers, the PM keeps in mind that due
representation to different regions of the country, to various religious and caste groups.

Union Council of Minister Term of Office

The President appoints ministers, who serve at his pleasure. If they continue to enjoy the majority’s backing in
the Lok Sabha, then it means something. The Prime Minister may at any time request the resignation of any
minister, and that minister must comply. Any minister may be dismissed at the Prime Minister’s discretion, and
the President is obligated to heed his recommendations. The whole Council of Ministers leaves office along
with the Prime Minister when he resigns.

Categories of Ministers:

The Council of Ministers consists of three category of ministers. These are: Cabinet Ministers, Ministers of
State and Deputy Ministers.

➢ Cabinet Ministers : The Cabinet Ministers are usually senior members of the party/coalition of
parties.
➢ Ministers of State (MoS) : The Ministers of State are ranked next to the Cabinet Ministers. Some of
the Ministers of State have independent charge of a department while other Ministers of State only
assist the Cabinet Ministers.
➢ Deputy ministers : Deputy ministers are also appointed to assist the Cabinet Ministers or the
Ministers of State. No Deputy Minister holds an independent charge of any department.

Council of ministers and the Cabinet:

The terms Council of Ministers and ‘The Cabinet’ are often confused with each other often. In reality, they are
not inter-changeably.

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Powers and Functions of the Cabinet:

➢ The Cabinet has immense powers and multiple responsibilities.
➢ All the executive powers of the President are exercised by the Cabinet headed by the Prime Minister.
➢ The Cabinet regulates and formulates the internal and external policies of the country.
➢ It takes all major decisions regarding defense and security of the country.
➢ The Cabinet is also responsible for the Ordinances by the President when the Parliament is not in
session.
➢ It also forms policies to provide better living conditions for the people.
➢ Cabinet also has control over the national finance.
➢ The Cabinet is responsible for whole of the expenditure of the government as well for raising
necessary revenues.
➢ The Cabinet prepares the text of President’s address to the Parliament.
➢ The sessions of the Parliament are convened by the President on the advice of the Cabinet conveyed
to him through the Prime Minister.
➢ The Cabinet also prepares the agenda of the sessions of the Parliament.

Responsibility of the Council of Ministers:

Constitutionally speaking, the Ministers stay in the office during the pleasure of the President which means till
they are in agreement with the Prime Minister. But, they are responsible to, and removable by the Lok Sabha.

1. Collective Responsibility-
Our Constitution clearly states that “The Council of Ministers shall be collectively responsible to ‘House of the
People”. The essence of collective responsibility is that, ‘the Minister must vote with the government, speak in
defense of it if the Prime Minister insists, and he/she cannot afterwards reject criticism of his act, either in
Parliament or in the constituencies, on the ground that he/she did not agree with the decision.’

2. Individual Responsibility
➢ Though the Ministers are collectively responsible to the Lok Sabha, they are also individually
responsible to the Lok Sabha.
➢ Individual responsibility is enforced when an action is taken by a Minister without the concurrence of
the Cabinet, or the Prime Minister, then it is criticized and not approved by the Parliament.
➢ Similarly if personal conduct of a Minister is questionable, he may have to resign without affecting the
fate of the Government.
➢ If a Minister becomes a liability or embarrassment to the Prime Minister , he may be asked to resign.

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