SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

UNIT 2

CHAPTER 3 UNION GOVERNMENT

PRESIDENT OF INDIA: ( The president name was taken from US) Nominal head
of the state.

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.

Election process of President of India

The president is not elected directly by the people.

Elected member of the Parliament(Rajya sabha and Lokha sabha)

Elected member of the state legislative (Vidhana soudha i.e MLA,MLC)

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 1
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

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.
 Nominated Members of Rajya Sabha.
 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 any public authority.

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 2
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

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:
 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 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
 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 Sabhacheck the linked article.
 He nominates 12 members of the Rajya Sabha.
 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).

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 3
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

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.
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)

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 4
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

PRIME MINISTER OF INDIA:

 The Prime Minister of India is the head of the government of the Republic
of India. In the parliamentary form of government established by the
constitution, the Prime Minister is the actual executive power (de facto
executive), while the President serves as the de facto executive authority (de
jure executive).
 According to Article 75 of the Indian Constitution, the Prime Minister of the
nation shall be chosen by the Indian people in general elections and shall be
appointed by the President.
 The prime minister of India hold pivotal position and in fact he is more
powerful than president.
 Article 74 of our constitution states that the prime minister shall be the head
of council of ministers.
 The prime minister is the heart of the cabinet.

 In the parliamentary system of government provided by the constitution, the

President is the nominal executive authority (de jure executive) and
Prime Minister is the real executive authority (de facto executive).
 In other words, the President is the head of the State while the Prime
Minister is the head of the government.
 Article 75 says only that the Prime Minister shall be appointed by the
President.
 The Prime Minister presides over the Cabinet. At the Center, he and the
Council of Ministers comprise the executive power.
 The salary and allowances of the Prime Minister are determined by the
Parliament from time to time.

Qualification:
 He should be the citizen of India.
 He should be qualified to get elected to the Lok Sabha or Rajya Sabha.

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 5
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

Powers And Functions Of The Prime Minister

1. Head of the Government: The president is the head of the state, while prime minister
is the head of the government. All major appointments of the union government made by
the prime minister.
2. Leader of the cabinet: According to Article 74 "There shall be a council of minister
with the prime minister at the head". The prime minister is the chairman of the cabinet.
3. Link between President and the Cabinet: Article 78 of the constitution defines link
between president and cabinet. a) to communicate to the president all decision of the
council of ministers. b) to furnish the information relating to the administration of the
affairs of the union and proposals for legislation as the president may call for.
4. Leader of the Parliament: The prime minister is the leader of the parliament. He
determines the dates of its meeting also its programmes for the session.
5. Chief Spokesman in foreign relations: In international relations, the prime minister is
regarded as a chief spokesman of the country. His statements for the outside world;
statement of policies of the nation.
6. Leader of the Party: The PM in India have tried to woo and cajole the party but they
have also tried to dominate the party by conscious manipulation and mani curve.
7. Chairman of planning commission: The planning commission is an extra-
constitutional advisory body under the chairmanship of the prime minister.

UNION COUNCIL MINISTERS

As per the Constitution of India, the total strength of the Council of Ministers cannot
exceed 15% of the total number of Lok Sabha MPs. The current strength of the 17th
Lok Sabha is 543 members and hence the Council of Ministers cannot be more than 81.

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 6
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

Difference between Cabinet minister and council of minister

Cabinet Minister Council of Minister
Cabinet is a part of council which Council of minister is the executive
consist of most experienced and the body of the government that advices the
important members that discussed and president on various matters
decided government policies
Senior constitutional ministers who It consist cabinet minister, minister of
holds important portfolio state, Deputy minister
It consist 20 to 25 members 50 to 70 members

Cabinet Ministers Portfolio

1. Shri Raj Nath Singh: Minister of Defence
2. Shri Amit Shah: Minister of Home Affairs; and Minister of Cooperation
3. Shri Nitin Jairam Gadkari: Minister of Road Transport and Highways
4. Smt. Nirmala Sitharaman: Minister of Finance; and Minister of Corporate Affairs
5. Shri Narendra Singh Tomar: Minister of Agriculture and Farmers Welfare
6. Dr. Subrahmanyam Jaishankar: Minister of External Affairs
7. Shri Arjun Munda:Minister of Tribal Affairs
8. Smt. Smriti Zubin Irani: Minister of Women and Child Development
9. Shri Piyush Goyal: Minister of Commerce and Industry; Consumer Affairs, Food and
Public Distribution; and Minister of Textiles
10. Shri Dharmendra Pradhan: Minister of Education; and Skill Development and
Entrepreneurship
11. Shri Pralhad Joshi: Minister of Parliamentary Affairs; Minister of Coal; and
Minister of Mines
12. Shri Narayan Tatu Rane: Minister of Micro, Small and Medium Enterprises
13. Shri Sarbananda Sonowal: Minister of AYUSH
14. Shri Mukhtar Abbas Naqvi:Minister of Minority Affairs
15. Dr. Virendra Kumar: Minister of Social Justice and Empowerment
16. Shri Giriraj Singh: Minister of Rural Development; and Minister of Panchayati Raj
17. Shri Jyotiraditya M. Scindia:Minister of Civil Aviation
18. Shri Ramchandra Prasad Singh: Minister of Steel and Ministry of Steel
Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 7
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

19. Shri Ashwini Vaishnaw :Minister of Railways; Minister of Communications; and

Minister of Electronics and Information Technology
20. Shri Pashu Pati Kumar Paras: Minister of Food Processing Industries
21. Shri Gajendra Singh Shekhawat :Minister of Jal Shakti
22. Shri Kiren Rijiju :Minister of Law and Justice
23. Shri Raj Kumar Singh: Minister of Power; and Minister of New and Renewable
Energy
24. Shri Hardeep Singh Puri: Minister of Petroleum and Natural

CHAPTER-4 STATE GOVERNMENT

State Government in India are the governments rulling states of India and the main
ministers in the state of chief minister.
GOVERNOR:
It is the Governor who heads the state government and acts as the constitutional head
and the agent of the center.
Governor Appointed In India
 It is the President of India who appoints the Governor for each state of the
country by warrant under his hand and seal.
 The responsibility for appointing a governor for each state lies within the Central
Government.
 It is the President of India who appoints the Governor for each state of the country
by warrant under his hand and seal. The responsibility for appointing a governor
for each state lies within the Central Government.

Qualifications of Governor:
 The candidate to become a Governor of Article 157 and Article 158 and these are:
 The candidate must be an Indian citizen and reside in the country.
 The candidate must attain an age of minimum 35 years.
 The candidate must not be a member of both houses of the parliament and the
house of the state legislature. The candidate must not hold any office for
generating profit.
Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 8
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

POWERS AND FUNCTIONS OF GOVERNOR:

Executive Powers Of The Indian Governor:
 Every executive action can be taken by the state government only in the name of
the governor.
 The rules for authenticating the executive decision taken by the state government
are specified by the governor.
 It is in his power to make the rules to simplify the business transactions of the state
government.
 It is the governor who appoints the Chief Minister and other ministers of the state.
 It is the governor who appoints the advocate general of the state and also
determines his remuneration.
 It is the governor who appoints the State Election Commissioner, Chairman and
Members of the state Public Service Commission, and Vice-Chancellors of the
state’s universities.
Legislative Powers Of The Indian Governor:
It is the governor who has the power to prorogue the state legislature and dissolve the
legislative assemblies of the state.
Financial Power:
The annual budget of the state is laid before the state legislative assembly with the
approval of the governor.
Judicial power and immunity:
The governor has the power to pardon, commute, and suspend sentences of any person
affected on any offences against any law relating to matters to which executive power of
state extends.
Discretionary power
If no party gets an absolute majority, the governor can use his discretion in the selection
of the chief minister.
During an emergency he can override the advice of the council of minister. He can
withhold his assent to a bill and send it to the president for his approval.

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 9
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

CHIEF MINISTER OF INDIA

 Chief Minister is called the head of the government.
 He is assisted by his council of ministers who are a part of state executive along
with Governor and Advocate-General of State.
 Chief minister is the head of the council of ministers.
Appointment
The chief minister is appointed by the Governor. He can appoint only the leader of the
majority party in legislative assembly as the chief minister of the state.
Tenure:
Tenure of the chief minister is maximum for five years. The chief ministers remains in
office so for he is supported by the majority of the member of legislative assembly.
Salary
The salary and allowances of the chief minister are fixed by the state legislature.
Note:
 Governor cannot remove him any time.
 Governor cannot even dismiss him till the time he enjoys the support of the
majority of the house.
 When CM loses his majority support, he has to resign and Governor dismisses him
then.
POWERS AND FUNCTIONS OF Chief Minister
1. Formation of the ministry: The CM forms the cabinet. After his appointment he
prepares a list of other ministries, and the governor makes appointment of the ministers
according to that list.
2. Distribution of portfolios: The departments are distributed among the ministers by
the chief minister. The CM looks after the work of other minister.
3. Removal of minister: The ministers remain in office during the pleasure of the CM.
The governor cannot remove can ask any minister to resign if he is not happy with his
work.
4. chairman of the cabinet: The governor cannot participate in the meeting of the
cabinet. The CM calls the meeting of the cabinet and presides over its meeting.

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 10
 SAI VIDYA FIRST GRADE COLLEGE RAJANUKUNTE-64

5. Leader of the legislature: The CM is also the leader of the legislature. He is the
leader of the legislative assembly because his party commands majority in the
legislative.
Functions Council Ministers:
 The Chief Minister is the head of state council of ministers.
 He performs the following functions.
 He recommends to the governor on who to appoint as ministers.
 He designates or reshuffles the portfolios of the ministers.
 He can ask a minister to resign.
 Meeting of the council of ministers is headed by him.
 All activities of the ministers are guided and controlled by the Chief Minister.
 If he resigns, the entire council of ministers collapses.

Prof. Nagashree L
Assistant Professor
Sai Vidya First Grade College
Page 11