MODULE 2: Union

Union Government and its Administration:

India is a federal parliamentary democratic republic. It means that the country is both federal
in nature (with division of powers between the Union and States) and parliamentary (with
elected representatives forming the government).

The Union Government of India is the central government that governs the entire country. It is
responsible for handling matters of national importance and coordinating with the state
governments.

Structure of the Indian Union

The Indian Union, as outlined in the Constitution of India, is a federal structure with a strong
central government. It consists of three main branches:

1. The Executive

The executive branch is responsible for implementing and enforcing laws. It is divided into
two parts:

President of India:

 The President is the ceremonial head of the state and is the supreme commander of the
armed forces.
 The President acts on the advice of the Prime Minister and the Council of Ministers.
 Powers include appointing the Prime Minister, issuing ordinances, and declaring
emergencies.

Council of Ministers:

 Headed by the Prime Minister, who is the real head of the government.
 The Council of Ministers, including Cabinet Ministers, Ministers of State, and Deputy
Ministers, is responsible for the day-to-day administration and decision-making.
 The Prime Minister is the leader of the majority party in the Lok Sabha (House of the
People).
2. The Legislature

The legislature, or Parliament, is responsible for making laws. It is bicameral, consisting of two
houses:

Lok Sabha (House of the People):

 Members are directly elected by the people.

 The Lok Sabha is the lower house of Parliament and has greater power in matters like
money bills.
 The Prime Minister must maintain the confidence of the Lok Sabha.
Rajya Sabha (Council of States):

 Members are elected by the state legislative assemblies and by the President for
nominated members.
 It is the upper house of Parliament and represents the states and union territories.
 It reviews and suggests amendments to legislation proposed by the Lok Sabha.

3. The Judiciary

The judiciary interprets the laws and ensures they are consistent with the Constitution. It is
independent of the executive and legislature.

Supreme Court of India:

 The highest judicial authority in India.

 The Supreme Court has original jurisdiction, appellate jurisdiction, and advisory
jurisdiction.
 It can strike down laws passed by the legislature if they are unconstitutional.

High Courts and Subordinate Courts:

 Each state has its own High Court, which is the highest judicial authority in the state.
 Below the High Courts are the subordinate courts, which include district courts and
other lower courts handling civil and criminal cases.
Federal Structure with a Strong Centre

Division of Powers:

 The Constitution divides powers between the Union and State governments through
three lists: Union List, State List, and Concurrent List.
 The Union List includes subjects on which only the central government can legislate
(e.g., defense, foreign affairs).
 The State List includes subjects on which only state governments can legislate (e.g.,
police, public health).
 The Concurrent List includes subjects on which both the Union and State
governments can legislate (e.g., education, marriage).

Amendment Procedure:

The Constitution can be amended by the Parliament, but certain amendments affecting federal
structure require ratification by at least half of the state legislatures.

Centre-State Relationship:

The Constitution defines the powers and responsibilities of both the Union and State
governments. This relationship can be categorized into three lists: Union List (subjects
exclusively under Union control), State List (subjects exclusively under State control), and
Concurrent List (subjects on which both can legislate).

Role of the President of India

The President of India is the ceremonial head of the state and the highest constitutional
authority in the country. As the first citizen of India, the President represents the unity and
integrity of the nation. Though the role is largely ceremonial, the President plays a crucial part
in the functioning of the Indian parliamentary democracy.

Powers of the President of India

The powers of the President can be categorized as follows:

1. Executive Powers:

 Head of the Union Executive: The President appoints the Prime Minister and, on the
Prime Minister's advice, appoints the Council of Ministers.
  Appointments: The President appoints key officials, including Governors of states, the
Chief Justice and judges of the Supreme Court and High Courts, and ambassadors.
 Military: The President is the supreme commander of the Indian armed forces and
appoints the chiefs of the Army, Navy, and Air Force.
 Ordinances: The President can issue ordinances when Parliament is not in session,
which have the same effect as laws passed by Parliament.

2. Legislative Powers:

 Summoning and Proroguing: The President can summon and prorogue the sessions
of Parliament and dissolve the Lok Sabha.
 Assent to Bills: A bill passed by Parliament becomes law only after the President's
assent. The President can return a bill for reconsideration, except for money bills.
 Nomination: The President can nominate 12 members to the Rajya Sabha (Council of
States) and 2 members to the Lok Sabha (House of the People) from the Anglo-Indian
community (if the community is underrepresented).

3. Judicial Powers:

 Pardoning Powers: The President has the power to grant pardons, reprieves, respites,
or remission of punishment. This includes the power to commute death sentences.
 Judicial Appointments: The President appoints judges to the Supreme Court and High
Courts.

4. Diplomatic Powers:

 The President represents India in international forums and diplomatic affairs.

 The President appoints ambassadors and high commissioners and receives foreign
diplomats.

5. Emergency Powers:

 National Emergency: The President can declare a national emergency in case of war,
external aggression, or armed rebellion.
 President’s Rule: The President can impose President’s Rule in a state if the state
government fails to function according to the provisions of the Constitution.
 Financial Emergency: The President can declare a financial emergency if the financial
stability or credit of India is threatened.
Position of the President of India

 Ceremonial Head: The President's position is largely ceremonial, as real executive

power is exercised by the Prime Minister and the Council of Ministers. The President
acts on the advice of the Council of Ministers.

 Symbol of Unity: The President represents the unity and integrity of the nation.

 Guardian of the Constitution: The President has a role in ensuring that the
Constitution is upheld and that the government functions within the constitutional
framework.

 Arbiter in Crises: In situations where there is no clear majority in the Lok Sabha or
when there is a need to resolve a constitutional crisis, the President’s discretion
becomes significant.

Prime Minister and Council of Ministers

Prime Minister (PM)

 Role: The Prime Minister is the head of the government and the leader of the executive
branch. As the chief advisor to the President, the PM plays a key role in decision-
making, policy formulation, and administration.

 Appointment: The Prime Minister is appointed by the President, usually the leader of
the majority party in the Lok Sabha (House of the People).

 Responsibilities:
 Leads the Council of Ministers and is responsible for the functioning of the
government.
 Represents the country domestically and internationally.
 Acts as the link between the President and the Council of Ministers.
 Guides and coordinates the work of various ministries.

Council of Ministers

 Structure: The Council of Ministers is a body of ministers headed by the Prime

Minister, consisting of Cabinet Ministers, Ministers of State, and Deputy Ministers.

 Cabinet Ministers: Senior ministers in charge of major ministries (e.g., Home,

Finance, Defence). They play a significant role in decision-making and are part of
the Cabinet.
  Ministers of State: They may either have independent charge of smaller
ministries or assist Cabinet Ministers in specific areas.
 Deputy Ministers: They assist ministers and handle specific tasks within a
ministry.

 Collective Responsibility: The Council of Ministers is collectively responsible to the

Lok Sabha. This means that all ministers, including the Prime Minister, are accountable
to the Parliament for their actions and decisions.

 Decision-Making: The Council of Ministers formulates and implements government

policies, and the Cabinet plays a crucial role in major policy decisions.

Cabinet

 Composition: The Cabinet is a smaller group within the Council of Ministers,

consisting of the most senior ministers. It is the core decision-making body of the
government.

 Functions:

 Policy Formulation: The Cabinet is responsible for formulating major policies

and making decisions on important national and international issues.

 Administration: It coordinates the work of different ministries and ensures the

smooth functioning of the government.

 Advisory Role: The Cabinet advises the President on matters related to

governance and administration.

 Meetings: The Cabinet meets regularly to discuss and decide on government policies
and issues.

Central Secretariat

 Role: The Central Secretariat is the administrative arm of the government that assists
in policy formulation, coordination, and implementation. It serves as the hub of the
executive branch and supports the Council of Ministers.

 Structure:

 Ministries/Departments: Each ministry or department is headed by a Cabinet

Minister, with a Secretary (a senior civil servant) as the administrative head.
  Secretaries: Secretaries are responsible for the administration and
implementation of policies within their respective ministries. They provide
advice to ministers and ensure that decisions are executed effectively.

 Functions:

 Policy Implementation: The Secretariat implements the policies and decisions

made by the Cabinet and the Council of Ministers.

 Coordination: It coordinates activities between different ministries and

departments to ensure smooth governance.

 Advisory: The Central Secretariat provides expert advice to ministers and

assists in drafting policies and legislation.

Key Points

 The Prime Minister leads the government, supported by the Council of Ministers.
 The Cabinet is the core group within the Council, making key decisions and guiding
national policies.
 The Central Secretariat acts as the administrative machinery, ensuring that government
decisions and policies are effectively implemented.

PRACTICE SET: MODULE 2

2 Marks (BL1)

1. What is federalism?
2. Which two levels of government share power in the Indian federal system?
3. Name the three types of lists that categorize the powers of the Indian government.
4. What is the significance of the Seventh Schedule in the Indian Constitution?
5. Which Article of the Indian Constitution deals with the division of powers between the
center and states?
6. What is a "unitary" feature in the Indian federal system?
7. Who is responsible for resolving disputes between the center and states in India?
8. Name one state in India with its own constitution.
9. What is the role of the Rajya Sabha in the federal structure of India?
 10. Which organization oversees the distribution of financial resources between the center
and states in India?

2 Marks (BL2)

1. Explain the difference between the President of India and the Prime Minister in terms
of their roles and powers.
2. Describe the primary function of the Lok Sabha and the Rajya Sabha in India's
parliamentary system.
3. Briefly compare the roles of the Chief Minister and the Governor in an Indian state.
How do their powers and responsibilities differ?
4. Identify the key features that distinguish a federal system of government from a unitary
system, as seen in India.
5. Explain the role of political parties in influencing the power structure and decision-
making processes in India.
6. Describe the constitutional provisions that ensure the separation of powers in the Indian
government.
7. How is the Prime Minister of India appointed?
8. What do you understand about the Collective Responsibility of the Council of
Ministers?
9. Comment on the process of removal of the Governor of states in India.
10. How is the state council of Ministers appointed?

5 Marks (BL3)

1. Apply your understanding to analyze how the Prime Minister’s role and powers differ
from those of other Council of Ministers' members. Discuss the implications of these
differences on the decision-making process and governance in India.
2. Given a recent policy initiative by the Indian central government, analyze how the
Central Secretariat's functions facilitated its development and implementation. What
specific roles did the Secretariat play in ensuring the policy's success?
3. Describe the process of policy formulation and implementation within the Indian
government, focusing on the roles played by the Prime Minister, the Council of
Ministers, and the Central Secretariat. Discuss the challenges and benefits of this
system.
4. Apply your understanding to critically analyze the three-tier structure of the Council of
Ministers in India. Discuss how this structure impacts decision-making and governance
at various levels, and evaluate the effectiveness of this system in addressing both local
and national issues.
5. Using your knowledge, assess how the functions of the Speaker of the Lok Sabha
influence the legislative process. How do the Speaker’s responsibilities in managing
 debates, enforcing rules, and representing the House affect the efficiency and
effectiveness of parliamentary operations?
6. Consider the role of federalism in India and discuss its impact on both national unity
and regional diversity. How does the federal structure facilitate or challenge effective
governance and regional representation? Use specific instances to highlight the
practical effects of federalism on policy and administration.

10 Marks (BL2)

1. Compare and contrast the composition, powers, and functions of the Lok Sabha and the
Rajya Sabha in India's parliamentary system. How do these two houses work together
to ensure the legislative process functions effectively?
2. Demonstrate the functions of the Chief Minister in relation to the Council of Ministers,
to the Governor and the State Legislature.
3. Explain the financial functions of the President of India.
4. Explain the relationship between the Centre and the States in India.
5. The Prime Minister is the link between the President and the Cabinet. Discuss.
6. Decisions taken by the Chief Minister and other ministers should be debated in the
Legislative Assembly. Explain.