Indian Constitution and Union Government

Indian Constitution

• The Indian Constitution is a detailed framework for the governance of India.
• The presentation covers the structure of the Union Government, outlining the executive, legislative, and judicial branches.

Union Government

• The presentation describes the different branches of the central government in India:
• Executive: The President of India is the head of state, supreme commander, and first citizen. The Vice-President, Prime Minister and the Council of Ministers work alongside the President.
• Legislative: Parliament, comprising Rajya Sabha (elected by the states) and Lok Sabha (elected by the people), enact laws.
• Judiciary: The Supreme Court of India, with a Chief Justice and 27 other judges, interprets laws.

Union Executive

• Article 52: Defines the President of India as the highest office.
• President of India: First citizen, Head of state, and supreme commander of defense forces.
• First President of India: Dr. Rajendra Prasad (1952–1962)
• First Woman President of India: Prathibha Patil (12th President)
• Union Executive: Comprises President, Vice President and the Council of Ministers, headed by the Prime Minister.

Executive Powers of the President

• Article 53: Outlines the executive powers of the President.
• 76th Amendment Act 1976: Makes it mandatory for the President to accept the advice of the Council of Ministers.
• Council of Ministers: Composed of Cabinet ministers, Ministers of State, and Deputy ministers.
• Executive function: Implements and enforces laws passed by the legislature.
• Parliamentary Executive: A system where the government is accountable to the parliament.

Important People and Dates

• Droupadi Murmu: 15th President of India, became first tribal woman President (25 July 2022).
• Jagdeep Dhankhar: Current Vice President of India (2022).
• Narendra Modi: Prime Minister of India (May 30, 2019).

President of India

• The Indian President is the head of state.
• He/She is the first citizen of India, a symbol of unity, solidarity, and the integrity of the nation.
• Part of the Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and the Attorney General of India.

President's Office - Conditions

• The President cannot be a member of Lok Sabha or Rajya Sabha.
• Rashtrapati Bhavan is provided for residence without rental payment.
• Parliament decides emoluments and privileges, which cannot be diminished during the term.
• Immunity from criminal processes applies, including personal acts.
• Arrest or Imprisonment can only be done after prior notice.

Election of President

• There is no direct election for the Indian President; an electoral college elects the President.
• The electoral college includes the elected members of Lok Sabha and Rajya Sabha, and members of Legislative Assemblies.
• Legislative Councils do not participate in the election of the President.
• Nominated members of Rajya Sabha, Legislative Assemblies, and Legislative Councils do not take part in the President's election.

Qualifications to be President

• Citizen of India
• Completed 35 years of age
• Qualified for election as a member of Lok Sabha
• Cannot hold any office of profit under the Government of India

Election Process

• The method of election is proportional representation by single transferable vote.
• Votes are cast through secret ballot.
• The Electoral College consists of elected members of both Lok Sabha and Rajya Sabha; along with elected members of Legislative Assemblies from states and Union Territories.
• The voting powers of MLAs are proportional to the population of the state.

Electoral College

• The Electoral College comprises elected members of Lok Sabha and Rajya Sabha, and elected members of state legislative assemblies.
• The value of the presidential vote for elected members of legislative assemblies is determined by the state’s population: (Total population of state/1000) * Number of Elected members in State Assembly.

Presidential Elections

• Some significant details:
• First unanimously elected President: Neelam Sanjeeva Reddy
• President with highest winning margin: K.R. Narayanan (10th President)
• First independent President: V. Giri

Term of Office

• The term of the President is five years.
• The President can resign.
• In case of death or resignation, the Vice-President acts as the President.
• Impeachment: The President can be removed by impeachment.

Impeachment of President

• Article 61: Governs the impeachment process for the President.
• Removal with a constitution violation as the sole ground.
• A resolution is introduced in either Lok Sabha or Rajya Sabha.
• 25% of the house's members must support the resolution to initiate its introduction.
• A 14-day notice period is given to the President.
• The resolution needs a 2/3rd majority vote in both houses for successful impeachment.
• The other house investigates the allegations.
• The President has the right to defend himself with counsel.

Powers of President

• Executive Powers: Appointing Prime Minister, other ministers, Chief Justice, Judges of Supreme Court, Governors of State, Comptroller and Auditor General of India (CAG), the Chief Election Commissioner, Attorney General of India and Chairman of the Union Public Service Commission (UPSC). The President administers the Union Territories.
• Legislative Powers: Adjourning, summoning, and proroguing the Parliament, addressing a joint session, proposing ordinances when parliament isn't in session (these ordinances are temporary laws). Appoint up to 12 members to the upper house, Rajya Sabha.
• Financial Powers: Authorizing the introduction of money bills, making advances from contingency funds for unforeseen expenditures, and establishing and overseeing the Finance Commission, a policy-making body.
• Judicial Powers: Granting pardons, reprieves, respites, remissions of punishment, suspended, remitted, or commutation of sentences passed in court martial cases, or any legal offence.
• Military Powers: Supreme commander of armed forces, appointing the Chiefs of the Army, Navy, and Air force. Declares war/peace but with parliament’s approval.
• Emergency Powers: Proclamation of national emergency (Article 352), state emergency/President's Rule (Article 356), and financial emergency (Article 360).

Parliamentary Sessions

• Budget Session: conducted from January to April. Witnesses the introduction of the budget.
• Monsoon Session: conducted from July to September. Dedicated for public interest discussions.
• Winter Session: conducted from December to January. Shortest of the three sessions.

Financial Powers

• No money bill can be introduced without presidential approval.
• The President can make advances from the contingency fund to cover unforeseen expenditures.
• The Finance Commission is constituted every 5 years.

Judicial Powers

• The President appoints Chief Justice and judges of the Supreme Court and high courts.
• The President is permitted to obtain advice on points of law from the Supreme Court, although the advice isn't legally binding.
• The President has power to pardon, reprieve, respite, remit or commute punishment for legal offences and court martials.

Military Powers

• The President is the supreme commander of the defence forces in India.
• Appoints the chiefs of armed forces.
• Can declare war or peace, subject to Parliament’s approval.

Emergency Powers

• The President can proclaim different types of emergencies.
• National Emergency (Article 352): due to war, external aggression, or armed rebellion. It has been proclaimed three times: 1962, 1971, 1975.
• State Emergency (President's Rule, Article 356): due to the failure of constitutional machinery in a state.
• Financial Emergency (Article 360): due to financial instability in the country or part thereof. It hasn't been proclaimed so far.

Veto Powers

• Bills passed by Parliament have to be approved by the President.
• Types of presidential veto:
  • Absolute veto: The President refuses to approve the bill.
  • Suspensive veto: The President returns the bill with suggestions or comments to re-consider the bill.
  • Pocket veto: The President does not take any decision on the bill. It is deemed disapproved.
• The President’s powers over bills are known as powers of veto.

Vacancy in the President's Office

• Vacancies in the office of the President can arise due to expiry of term, death resignation, or impeachment.
• The Vice-President takes over in such cases, acting as President for a maximum of six months, until a new president is elected.

Oath of Office

• The Chief Justice of India (CJI) administers the oath of office to the President.
• If the CJI is unavailable, the senior-most judge administers the oath.

Vice President

• The Vice-President is the second-highest office in India.
• Article 63 of the Indian Constitution establishes the Vice-President's office.
• Vice-Presidents are elected using the proportional representation by single transferable vote process.
• This process resembles the one used to elect the President of India. The electoral college for the elections comprises both elected and nominated members of Lok Sabha and Rajya Sabha.

Election of Vice-President

• The election of the Vice President is conducted by an electoral college consisting of elected and nominated members of both the Houses of Parliament.
• States do not play a role in Vice-Presidential elections.
• Elections are conducted by secret ballot.

Qualification to be Vice President

• Indian citizen.
• At least 35 years old.
• Qualified for election as a member of Rajya Sabha.
• Cannot hold any office of profit under the Government of India.

Term of Office of Vice President

• The term of office is 5 years.
• The Vice-President can resign before the five-year term by writing to the President.

Impeachment of Vice President

• The Vice President cannot be formally impeached
• There is no such ground of impeachment in the constitution.

Powers and Functions of Vice-President

• Chairman of Rajya Sabha: Acts as the ex-officio chairman of Rajya Sabha.
• Acting President: Acts as president when the office of the president is vacant due to resignation, removal, death, or otherwise. The maximum period of acting is only six months, until a new president is chosen.
• Other Functions: The Vice-President's powers and duties resemble those of the Speaker of Lok Sabha, with certain exceptions related to money bills.

Further Clarifications

• When the sitting President is absent due to illness or any other reason, the Vice-President assumes presidential duties.
• The election of a Vice-President cannot be challenged for any reason of incompleteness or existence of vacancies in the electoral college.
• If an election is declared void by the Supreme Court (of India), any prior action undertaken by the individual elected will continue to have force.

Prime Minister

• Article 75: Defines the President's power to appoint the Prime Minister.
• The appointment is on the Prime Minister's advice. The President often appoints the leader of the party that gains the majority in Lok Sabha.
• If no party secures a majority, the President has discretion to appoint.
• Prime Minister's Confidence: The Prime Minister must prove confidence in Lok Sabha.

Term of Office of Prime Minister

• The Prime Minister holds office until the pleasure of the President.
• This means the Prime Minister's term continues as long as the person enjoys the confidence of Lok Sabha.
• The PM can be removed only on the advice of the Prime Minister.

Council of Ministers

• The council of ministers are appointed by the President on the advice of the Prime Minister.
• There is a collective responsibility of the Council of Ministers to Lok Sabha.
• The Prime Minister decides portfolios, and can transfer them.
• The Prime Minister has the final say and can advise the President to remove a minister. The President acts on this advice.
• The Council of Ministers dissolves when the Prime Minister resigns.

Types of Ministers

• Cabinet Ministers: These head the key Central Government ministries. They are the most senior.
• Ministers of State: Support and assist Cabinet ministers and may have ministry responsibility.
• **Deputy Ministers:**Assist Ministers of State and Cabinet Ministers with administrative, political and parliamentary duties.

Responsibility of Ministers

• Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha.
• Individual Responsibility: Individual Ministers are responsible to Lok Sabha for their acts; the President can remove a minister if advised to do so by the Prime Minister.

Lok Sabha

• Known as the House of the People.
• Presided over by the Speaker.
• 552 is the maximum strength.
• 25 years is the minimum age to become a member.
• Dissolves after 5 years.
• Members are directly elected.
• Has the power to express no-confidence in the government.
• Elected through Universal Adult Franchise.

Rajya Sabha

• Known as the Council of States.
• Presided over by the Vice-President.
• Maximum strength of 250.
• 30 years is the minimum age to become a member.
• Permanent body, cannot be dissolved.
• Members are elected indirectly by elected members of the state assemblies and Union Territories.
• Does not have the power to express no-confidence.
• Elected through proportional representation with single transferable vote (STV).

Qualification for Lok Sabha Members

• Indian Citizen
• 25 years or older
• Not hold any office of profit in the government of India
• Name in electoral roll, of any part of India
• Of sound mind
• Not a proclaimed criminal
• Not in debt

Qualification for Rajya Sabha Members

• Indian Citizen
• 30 years or older
• Not hold any office of profit in the government of India
• Name in electoral roll, of any part of India
• Of sound mind
• Not a proclaimed criminal
• Not in debt

Speaker and Chairman

• Lok Sabha's speaker/ Rajya Sabha's Chairman/
• Responsibilities and functions are discussed.

Presiding Officers

• Vice President is the ex-officio chairman of the Rajya Sabha.
• The Deputy Chairman of the Rajya Sabha presides over sittings when the Vice President is absent.
• The Speaker of Lok Sabha is the presiding officer and has the highest authority.
• The Deputy Speaker acts as Speaker in the speaker's absence.