Scribd
Upload
3 views

Union Executive Notes

The Union Executive in India, as defined by Articles 52 to 78 of the Constitution, includes the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General. The President serves as the ceremonial head while the Prime Minister and Council of Ministers exercise real executive powers, responsible for governance and policy implementation. Key case laws highlight the relationship and functions of these roles within the constitutional framework.

Uploaded by

gurleen0684
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
3 views

Union Executive Notes

The Union Executive in India, as defined by Articles 52 to 78 of the Constitution, includes the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General. The President serves as the ceremonial head while the Prime Minister and Council of Ministers exercise real executive powers, responsible for governance and policy implementation. Key case laws highlight the relationship and functions of these roles within the constitutional framework.

Uploaded by

gurleen0684
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

Union Executive - Constitutional Law II (Detailed Notes)

I. Introduction

The Union Executive is the topmost administrative authority at the central level in India. It is

responsible for implementing laws and governing the country according to the Constitution.

II. Components of the Union Executive

According to Articles 52 to 78 of the Indian Constitution, the Union Executive consists of:

1. The President of India

2. The Vice-President of India

3. The Prime Minister

4. The Council of Ministers

5. The Attorney General of India

III. The President of India (Articles 52 to 62)

- Article 52: There shall be a President of India.

- Qualifications (Art. 58):

- Citizen of India

- At least 35 years old

- Qualified to be a member of the Lok Sabha

- Must not hold any office of profit under the Government

- Election (Art. 54):

- Indirect election through an Electoral College: Elected members of Parliament + Elected

members of State Legislative Assemblies

- Tenure: 5 years, eligible for re-election

- Powers:

1. Executive: Appoints Prime Minister, Governors, Judges of SC/HC, etc.


2. Legislative: Summons, prorogues Parliament, gives assent to bills

3. Judicial: Pardoning powers under Article 72

4. Emergency: Can declare National, State, or Financial Emergency

5. Diplomatic/Military: Represents India in foreign affairs; Supreme Commander of Armed Forces

- Impeachment (Art. 61):

- For violating the Constitution

- Special procedure in both Houses of Parliament

IV. The Vice-President of India (Articles 63 to 70)

- Article 63: There shall be a Vice-President

- Election: Elected by members of both Houses of Parliament

- Qualifications:

- Citizen of India

- At least 35 years old

- Qualified to be a member of Rajya Sabha

- Functions:

- Ex-officio Chairman of Rajya Sabha

- Acts as President in case of vacancy due to death, resignation, or removal

V. The Prime Minister (Articles 74 & 75)

- Appointment: Appointed by the President; generally, the leader of the majority party in the Lok

Sabha

- Tenure: No fixed term; holds office during the pleasure of the President

- Powers and Functions:

1. Head of the Council of Ministers

2. Principal advisor to the President

3. Link between the President and the Council of Ministers


4. Leader of the Lok Sabha

5. Represents the country domestically and internationally

VI. The Council of Ministers (Article 74 & 75)

- Composition:

- Prime Minister

- Cabinet Ministers

- Ministers of State

- Deputy Ministers

- Collective Responsibility (Article 75(3)):

- The Council is collectively responsible to the Lok Sabha

- Advice to the President:

- President is bound by the advice of the Council of Ministers (Article 74(1))

- Functioning:

- Helps in formulation and implementation of policies

- Cabinet is the real executive, though Constitutionally the President is the head

VII. Attorney General of India (Article 76)

- Chief Legal Advisor to the Government of India

- Appointed by the President

- Must be qualified to be a Supreme Court judge

- Rights:

- Right to speak and take part in Parliament proceedings (no right to vote)

- Functions:

- Advises the Government on legal matters

- Represents Government in Supreme Court


VIII. Relationship between President and Council of Ministers

- Though the President is the head of the state, real powers are exercised by the Council of

Ministers headed by the Prime Minister.

- The President must act on the advice of the Council of Ministers.

IX. Important Case Laws

1. Ram Jawaya v. State of Punjab (1955) - Executive is the implementing authority, not a

law-making body.

2. Shamsher Singh v. State of Punjab (1974) - President is a constitutional head; real powers rest

with the Council of Ministers.

3. S.R. Bommai v. Union of India (1994) - Discussed misuse of President's Rule under Article 356.

4. Rai Sahib Ram Jawaya Kapur v. State of Punjab - Clarified distinction between Executive and

Legislative powers.

X. Conclusion

The Union Executive forms the backbone of India's administrative system. While the President is the

formal head, the Prime Minister and Council of Ministers hold actual executive powers, ensuring

democratic and responsible governance.

You might also like