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INDIAN CONSTITUTION
UNIT2-Union Goverment
STRUCTURE OF UNION GOVERMENT
Structure of the Indian Union
• The basic form of the Union Government envisaged in
the Constitution was introduced by Dr. Ambedkar. The union
government, as India's central government is known, is divided
into three distinct but interrelated branches: legislative,
executive, and judicial. The state is governed at various levels
with separate roles assigned to the Executive, Legislature and
the Judiciary.
• The legislature consists of ‘The Parliament of India’,
which is headed by the President and constitutes the two
Houses, known as Rajya Sabha or Upper House (Council of
States) and Lok Sabha or Lower House (House of the People).
The executive branch consists of the president, vice president,
and a Council of Ministers, led by the prime minister. The
Apex Judiciary body in the country is the Supreme Court
followed by the High Courts of the state.
 There are various forms of government present in the
World. Some follow an absolute monarchy system,
some follow presidential or parliamentary or some
follow another form of government. India follows the
parliamentary system of government.
 In this article, we'll learn about the Union Parliament
of India and the various functions of the Union
Parliament. Before understanding this concept, we'll
need to discuss first the Parliamentary System of
Government
What is the Parliamentary System?
 It is a form of government where there are two executives as
the head. One is a nominal head and the other is the real head.
The President acts as a Nominal head of the country which is
also known as "de jure head" whereas the Prime Minister acts
as a real head of the government which is also known as "de
facto head". Examples of this form of government are the
United Kingdom, Japan and Germany.
 India also adopted a Parliamentary System of Government as
per the Constitution of the country both at the union and state
levels. Here, the government of the country has three spheres
as shown in the following diagram:
Union Parliament
 Article 74 and Article 75 deals with the Union Parliament at the
center level. It is the highest law-making body in the country. It is
said to be a place where elected representatives from different
regions sit together and make laws for the country with proper
debates and discussions.
Union Parliament is made up of:
 Council of States which is also known as Rajya Sabha.
 House of the People which is also called Lok Sabha.
 The President of the country.
All these three play a vital role in the law-making process of the
Parliament:
 First of all, a bill is introduced in Parliament.
 Parliamentary committees are being made.
 Debates and discussions are being done on the bill.
 When both the houses pass the bill, then the bill is sent to the
President for assent.
 After the President's accent, a bill becomes an act and a law of the
land.
 Legislative Functions: Union Parliament works
as the highest law-making body in the
country. The seventh schedule of the
constitution provides three lists i.e Union List,
State list and Concurrent list. Union
Parliament makes laws on the subjects
mentioned in the Union list and Concurrent
list. It also makes laws on the state list's
subjects in some conditions.

 Legislative Functions: Union Parliament works
as the highest law-making body in the
country. The seventh schedule of the
constitution provides three lists i.e Union List,
State list and Concurrent list. Union
Parliament makes laws on the subjects
mentioned in the Union list and Concurrent
list. It also makes laws on the state list's
subjects in some conditions.
 Judicial Functions: Union Parliament also acts
as a Judicial structure in a lot of matters.
Legislatures have Parliamentary Privileges. If
these privileges are breached, then the Union
Parliament also has punitive powers to
punish. Not only this, but it also plays a
judicial function while removing the
President, the Vice President, the judges of
the Supreme Court or High Court, etc.
 The Parliament has amendment powers. They can change the
Constitution of India by following the established procedure.
 The Parliament and its legislatures participate in the elections of
the President and the Vice President.
 They also have the power to remove the President and the Vice
President bypassing the resolution.
 Not only this, at the center level the Parliament is the only
authority with respect to the finances of the country. Not even a
single rupee can be spent by the executive without the approval
of the Parliament.
 The Union Parliament also presents the budget of the country
before the end of the financial year.
 The emergency is also implemented in the country with the
approval of the Parliament.
Good Qualities of a Parliamentary Program
1. Consensus Between the Legislature and the Executive: -
A major benefit of the parliamentary system is that it ensures
harmonious relations and cooperation between the
legislature and the executive. The executive is part of the
legislature and they both depend on each other in the work.
2. Blocking Dictatorship and Dictatorship: - Under this
system, the executive authority is vested in a group of people
(ministerial council) and not just one person.
3. In a parliamentary system, the executive consists of a group
of people (that is, ministers who represent the people).
Bad Conditions in the Parliamentary Government
1. Unstable Government: The parliamentary system does not provide for a
stable government. There is no guarantee that the government will
survive in its place. A proposal of mistrust or political dissent or the evils
of a multi-party coalition can destabilize the government. The
government was led by Moarji Desai, Charan Singh, V.P. Singh, Chandra
Sekhar, Deva Gowda and I.K. Gujral is one such example.
2. No Policy Implementation: - The parliamentary process is not conducive
to the formulation and implementation of long-term policies. This is due to
the uncertainty of the term of government. Changes in the ruling party are
often followed by changes in government policies.
3. Cabinet dictatorship: - If the ruling party enjoys a full majority in
Parliament, the cabinet becomes dictatorial and exercises almost unlimited
power.
1. For every executive action that the Indian government
takes, is to be taken in his name.
2. He may/may not make rules to simplify the transaction of
business of the central government.
3. He appoints the attorney general of India and determines
his remuneration.
4. 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
5) He seeks administrative information from the Union government.
6 ) 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.
7 ) He appoints National Commissions of:
◦ Scheduled Castes (Read about National Commission for Scheduled
Castes in the linked article.)
◦ Scheduled Tribes Read about (National Commission for Scheduled
Tribes in the linked article.)
◦ Other Backward Classes (Read about National Commission for
Backward Classes in the linked article.)
8) He appoints inter-state council.
9) He appoints administrators of union territories.
10) 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.
 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.)
 He promulgates ordinances
 He lays the following reports before the Parliament:
◦ Comptroller and Auditor General
◦ Union Public Service Commission
◦ Finance Commission, etc.
 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
 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.
 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
 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)

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indian constitution(unit 2)

  • 2. Structure of the Indian Union • The basic form of the Union Government envisaged in the Constitution was introduced by Dr. Ambedkar. The union government, as India's central government is known, is divided into three distinct but interrelated branches: legislative, executive, and judicial. The state is governed at various levels with separate roles assigned to the Executive, Legislature and the Judiciary. • The legislature consists of ‘The Parliament of India’, which is headed by the President and constitutes the two Houses, known as Rajya Sabha or Upper House (Council of States) and Lok Sabha or Lower House (House of the People). The executive branch consists of the president, vice president, and a Council of Ministers, led by the prime minister. The Apex Judiciary body in the country is the Supreme Court followed by the High Courts of the state.
  • 3.  There are various forms of government present in the World. Some follow an absolute monarchy system, some follow presidential or parliamentary or some follow another form of government. India follows the parliamentary system of government.  In this article, we'll learn about the Union Parliament of India and the various functions of the Union Parliament. Before understanding this concept, we'll need to discuss first the Parliamentary System of Government
  • 4. What is the Parliamentary System?  It is a form of government where there are two executives as the head. One is a nominal head and the other is the real head. The President acts as a Nominal head of the country which is also known as "de jure head" whereas the Prime Minister acts as a real head of the government which is also known as "de facto head". Examples of this form of government are the United Kingdom, Japan and Germany.  India also adopted a Parliamentary System of Government as per the Constitution of the country both at the union and state levels. Here, the government of the country has three spheres as shown in the following diagram:
  • 5. Union Parliament  Article 74 and Article 75 deals with the Union Parliament at the center level. It is the highest law-making body in the country. It is said to be a place where elected representatives from different regions sit together and make laws for the country with proper debates and discussions. Union Parliament is made up of:  Council of States which is also known as Rajya Sabha.  House of the People which is also called Lok Sabha.  The President of the country. All these three play a vital role in the law-making process of the Parliament:  First of all, a bill is introduced in Parliament.  Parliamentary committees are being made.  Debates and discussions are being done on the bill.  When both the houses pass the bill, then the bill is sent to the President for assent.  After the President's accent, a bill becomes an act and a law of the land.
  • 6.  Legislative Functions: Union Parliament works as the highest law-making body in the country. The seventh schedule of the constitution provides three lists i.e Union List, State list and Concurrent list. Union Parliament makes laws on the subjects mentioned in the Union list and Concurrent list. It also makes laws on the state list's subjects in some conditions. 
  • 7.  Legislative Functions: Union Parliament works as the highest law-making body in the country. The seventh schedule of the constitution provides three lists i.e Union List, State list and Concurrent list. Union Parliament makes laws on the subjects mentioned in the Union list and Concurrent list. It also makes laws on the state list's subjects in some conditions.
  • 8.  Judicial Functions: Union Parliament also acts as a Judicial structure in a lot of matters. Legislatures have Parliamentary Privileges. If these privileges are breached, then the Union Parliament also has punitive powers to punish. Not only this, but it also plays a judicial function while removing the President, the Vice President, the judges of the Supreme Court or High Court, etc.
  • 9.  The Parliament has amendment powers. They can change the Constitution of India by following the established procedure.  The Parliament and its legislatures participate in the elections of the President and the Vice President.  They also have the power to remove the President and the Vice President bypassing the resolution.  Not only this, at the center level the Parliament is the only authority with respect to the finances of the country. Not even a single rupee can be spent by the executive without the approval of the Parliament.  The Union Parliament also presents the budget of the country before the end of the financial year.  The emergency is also implemented in the country with the approval of the Parliament.
  • 10. Good Qualities of a Parliamentary Program 1. Consensus Between the Legislature and the Executive: - A major benefit of the parliamentary system is that it ensures harmonious relations and cooperation between the legislature and the executive. The executive is part of the legislature and they both depend on each other in the work. 2. Blocking Dictatorship and Dictatorship: - Under this system, the executive authority is vested in a group of people (ministerial council) and not just one person. 3. In a parliamentary system, the executive consists of a group of people (that is, ministers who represent the people).
  • 11. Bad Conditions in the Parliamentary Government 1. Unstable Government: The parliamentary system does not provide for a stable government. There is no guarantee that the government will survive in its place. A proposal of mistrust or political dissent or the evils of a multi-party coalition can destabilize the government. The government was led by Moarji Desai, Charan Singh, V.P. Singh, Chandra Sekhar, Deva Gowda and I.K. Gujral is one such example. 2. No Policy Implementation: - The parliamentary process is not conducive to the formulation and implementation of long-term policies. This is due to the uncertainty of the term of government. Changes in the ruling party are often followed by changes in government policies. 3. Cabinet dictatorship: - If the ruling party enjoys a full majority in Parliament, the cabinet becomes dictatorial and exercises almost unlimited power.
  • 12. 1. For every executive action that the Indian government takes, is to be taken in his name. 2. He may/may not make rules to simplify the transaction of business of the central government. 3. He appoints the attorney general of India and determines his remuneration. 4. 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
  • 13. 5) He seeks administrative information from the Union government. 6 ) 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. 7 ) He appoints National Commissions of: ◦ Scheduled Castes (Read about National Commission for Scheduled Castes in the linked article.) ◦ Scheduled Tribes Read about (National Commission for Scheduled Tribes in the linked article.) ◦ Other Backward Classes (Read about National Commission for Backward Classes in the linked article.) 8) He appoints inter-state council. 9) He appoints administrators of union territories. 10) He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
  • 14. 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.  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.)  He promulgates ordinances  He lays the following reports before the Parliament: ◦ Comptroller and Auditor General ◦ Union Public Service Commission ◦ Finance Commission, etc.
  • 15.  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
  • 16.  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.
  • 17.  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
  • 18.  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)