INDIAN CONSTITUTION AND HUMAN

RIGHTS
MODULE III

Union Executive
The Union Executive refers to the branch of the Indian government responsible for the
implementation and administration of laws. It comprises the President, the Prime Minister, and
the Council of Ministers. The Union Executive holds the executive power and plays a crucial
role in the country's governance.
President
The Indian President is the head of the state and he is also called the first citizen of India. He
is a part of Union Executive, provisions of which are dealt with Articles 52-78 including articles
related to the President (Article 52-62). Under these articles, information on how a President
is elected, his powers and functions, and also his impeachment process is given.
The President of India is the nominal executive and the head of the state. The President is
elected by an electoral college. It consists of the elected members of both houses of Parliament
and the state legislative assemblies. The President's role includes appointing the Prime
Minister, the Council of Ministers, and other high-ranking officials. The President also has the
power to grant pardons, commute sentences, and dissolve the Lok Sabha.
Term and election of President
The term of the President is five years.
He is not directly elected by the people.
The election is done by the Members of the Legislative Assembly and Members of Parliament.
This election follows the principle of proportional representation and a Single Transferable
Vote system.
Removal of the President
The President can be removed only by the Parliament.
This process is known as impeachment.
Impeachment requires a special majority in the parliament.
Powers of the President
The Executive power of the Union resides formally with the President.
The President is also provided with legislative, judicial, and emergency powers.

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These powers are exercised by the President through the Council of Ministers headed by the
Prime Minister.
In many cases, the President has to follow the advice of the Council of Ministers.
The President has a right to be informed of all important matters and decisions of the Council
of Ministers.
The Prime Minister is obliged to the President to furnish all the information asked by him.

Vice President
Article 63 of the Constitution of India provides that there shall be a Vice-President of India
Articles 64 and 89 (1) provide that the Vice-President of India shall be ex-officio Chairman of
the Council of States i.e., Rajya Sabha and shall not hold any other office of profit.
The Vice President of India is the second-highest constitutional position in the country. The
Vice President is elected by an electoral college consisting of members of both houses of
Parliament. The Vice President presides over the Rajya Sabha (Upper House of Parliament).
He performs various functions when the President is unable to discharge their duties. The Vice
President also plays a crucial role in maintaining the smooth functioning of the Parliament. He
acts as a bridge between the government and the legislature.
Current VP – Jagdeep Dhankhar
Prime Minister
The Prime Minister is the most important functionary in the government of our country. The
Prime Minister is the head that advises the President. It is both the need and outcome that
the Prime Minister has the support of the Majority in Lok Sabha. In the constitution of India,
the prime minister is mentioned in only four of its articles (articles 74, 75, 78, and 366).
Qualifications
Must be a citizen of India.
Must be a member of either of the Houses of Parliament, i.e. The Lok Sabha and The Rajya
Sabha.
Should complete 25 years of age if he is a member of the Lok Sabha and 35 years of age if he
is a member of the Rajya Sabha.
Appointment and termination of Prime Minister
The leader of a party having a majority in the Lok Sabha is appointed by the President as the
Prime Minister.
In cases of coalition, the most accepted leader is appointed as Prime Minister.
The Prime Minister loses his office at the moment when the majority is lost in Lok Sabha.
Duties of Prime Minister
Appointment of council of ministers.

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Make crucial decisions and policies of the government.
Communicate all decisions made by the Council of Ministers (related to administration and
proposals for legislation) to the President.
Act as a link between the Council of Ministers, Parliament, and the President.
Act as a negotiator in coalition governments on policy making.

Council of Ministers
The Council of Ministers is a body of ministers headed by the Prime Minister. The ministers
are responsible for specific government departments. They assist the Prime Minister in
policy-making and administration. The Council of Ministers are collectively responsible to
the Parliament. It helps in the decision-making process. The Prime Minister is the head of
the Council of Ministers. He holds significant power in the executive branch and plays a crucial
role in the country's governance.
Appointment of council of ministers
It is formed only after the Prime Minister has taken the oath of office.
The Prime Minister decides the ministers in the Council of Ministers and assigns portfolios
and ranks to them.
The ministers are given ranks depending on their seniority and political importance.
The chief minister in the state similarly appoints ministers.
Termination of Council of Ministers
The death or resignation of the Prime Minister causes the dissolution of the Council.
A vote of no confidence against a single Minister can lead to the resignation of the Council
of Ministers.
THE UNION LEGISLATURE/ PARLIAMENT
The legislature of the Union, which is called Parliament, consists of the President and two
Houses, known as the Council of States (Rajya Sabha) and House of the People (Lok Sabha).
Each House has to meet within six months of its previous sitting. A joint sitting of two Houses
can be held in certain cases.

RAJYA SABHA/ UPPER HOUSE

The Constitution provides that the Rajya Sabha shall consist of 245 members, of which 12
members shall be nominated by the President from amongst persons having special
knowledge or practical experience in respect of such matters as literature, science, art, and
social service; and not more than 238 representatives of the States and the Union Territories.
Elections to the Rajya Sabha are indirect; members representing States are elected by elected
members of legislative assemblies of the States by the system of proportional representation
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using the single transferable vote, and those representing Union Territories are chosen in such
manner as Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution;
one-third of its members retire every second year.
Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the States and the
Union Territories, and 12 members are nominated by the President.

LOK SABHA/ LOWER HOUSE

The Lok Sabha is composed of representatives of people chosen by direct election based on
adult suffrage. According to the article 81,the maximum strength of the House envisaged by
the Constitution is now 552 (530 members to represent States, 20 to represent Union
Territories, and not more than two members of the Anglo-Indian community to be nominated
by the President, if, in his opinion, that community is not adequately represented in the House).
The total elective membership of the Lok Sabha is distributed among States in such a way that
the ratio between the number of seats allotted to each State and the population of the State is,
as far as practicable, the same for all States. The Lok Sabha at present consists of 545 members.
Of these, 530 members are directly elected from the States and 13 from Union Territories,
while two are nominated by the President to represent the Anglo-Indian community.
Following the Constitution 84th Amendment Act, the total number of existing seats allocated
to various States in the Lok Sabha based on the 1971 census, shall remain unaltered till the first
census to be taken after the year 2026.
To be chosen a member of Parliament, a person must be a citizen of India and not less than 30
years of age in the case of Rajya Sabha and not less than 25 years of age in the case of Lok
Sabha.

Functions and Powers of Parliament

As in other parliamentary democracies, the Parliament in India has the cardinal functions of
legislation, overseeing administration, passing the Budget, ventilation of public
grievances, and discussing various subjects like development plans, national policies, and
international relations.
The distribution of powers between the Union and the States followed in the Constitution,
emphasises in many ways the general predominance of Parliament in the legislative field. Apart
from a wide range of subjects, even in normal times, the Parliament can, under certain
circumstances, assume legislative power concerning a subject falling within the sphere
exclusively reserved for the States.
The Parliament is also vested with powers to impeach the President and to remove the
Judges of the Supreme Court and High Courts, the Chief Election Commissioner, and the
Comptroller and Auditor General under the procedure laid down in the Constitution.

Current CAG: G C Murmu

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Governor
Article 153 says that there shall be a Governor for each State. One person can be
appointed as Governor for two or more States.
The governor is a nominal executive & head of the state. He forms an important part of the
state executive where he acts as the chief executive head. The central Government nominates
the governor for each state.
The Indian President appoints a Governor for each state by warrant under his hand and seal.
Since the Governor holds the office under the pleasure of the President, the President can
remove the Governor and the grounds upon which he may be removed are not laid down in the
constitution. The governor may also get transferred from one state to another by the
President.
The governor has to meet qualifications:
He should be an Indian Citizen
He should be 35 years old or more
Not be a member of the either House of the Parliament or the house of the state legislature.
Not hold any office of profit.

Note: There are two conventions that the government follows before nominating a person as
a Governor:
That person is not appointed as the governor who belongs to the state. He shall be an outsider
having no relation with the state he is being appointed to.
Consultation of the Chief Minister is taken by the President before appointing a governor
It should also be noted that both the above conventions are not absolute and have been ignored
by the union government in many instances.
The term of governor's office is normally 5 years but it can be terminated earlier by:
Dismissal by the president on the advice of the council of minister headed by the prime minister
of the country.
Dismissal of governors without a valid reason is not permitted. However, the President must
dismiss a governor whose acts are upheld by courts as unconstitutional and malafide.
Resignation by the governor.

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STATE GOVERNMENT

State governments serve as the governments of a country’s subdivisions and share political
authority with the national government under a federal system of government. The state
governments of India are the levels of government below the level of the national government.
The state government governs each of the country’s fifty-one jurisdictions. There are 28 state
governments in our nation, each of which is led by a governor and a chief minister, who work
together to manage the state. In addition, the Chief Minister serves as the head of the council
of Ministers.
State governments have their ministries to ensure that the state runs smoothly. Education,
agriculture, public health, sanitation, hospitals and clinics, and various other agencies are
all under state control.

Internal Security: State governments are responsible for maintaining the state’s internal
security, as well as law and order. State police are in charge of internal security. Police and
public order are within the competence of the states
Education: The state’s education department is responsible for providing a public education
system, maintaining school buildings and colleges, employing instructors, and assisting
underprivileged pupils
Agriculture: State governments must give financial assistance to farmers, as well as money
for optimal agricultural techniques, disease control, and disaster relief in the case of floods or
droughts
Finances: The state legislature is in charge of the state’s financial authorities, including
authorising all expenditures, taxes, and borrowing by the state government. It has the authority
to create money bills. Taxes on entertainment and wealth, as well as sales tax, are under its
authority
Reservation of bills: Any bill may be reserved for consideration by the President by the state
governor
Transportation: The state government operates the trains, trams, buses, ferries, and other
forms of public transportation in the state's cities and villages
Water supply: State governments are responsible for providing drinking water to cities and
towns and irrigation for farmers
State governments create state budgets. It has the authority to distribute funds to all of its
entities, including the Zila Parishad, the corporation, and other agencies.
Legislative assembly

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 The State Legislative Assembly, commonly known as the Vidhan Sabha or Saasana Sabha,
is a legislative body that exists in each of India’s states and some union territories. Each
Member of the Legislative Assembly (MLA) is directly elected to serve five-year terms by
single-member districts. The people of each constituency elect one representative, who
subsequently becomes a member of the Legislative Assembly. In India’s democratic system,
individuals run for office under the banners of several political parties
Role of MLA
An MLA may have up to four unique roles:
Legislators must comprehend the spirit of current laws, develop new laws, and then support or
oppose their implementation
A Member may represent constituents’ issues, express opinions, or intervene and help solve
problems
An MLA is also a party member. In this role, they may help organise and execute House
strategy, support decisions, and build subject knowledge
An MLA may be a Cabinet Minister or an Opposition Critic
Government

It refers to several government departments and the many ministers that are in charge of them
The Chief Minister is in charge of everything. MLAs are elected to serve as members of the
legislative assembly, responsible for forming the government. As a result, some MLAs have
two responsibilities: one as an MLA and another as a state representative
Formation of Government

A political party with MLAs representing more than half of the total number of seats in a
state is considered to be ruling in that state
The governing party is the political party that gets the majority of votes in a certain election
All of the other members are referred to as the opposition
Following the polls, the MLAs belonging to the governing party will nominate their leader,
who will then take over as the Chief Minister of the state.
The Chief Minister then appoints additional individuals to the position of minister
Following the elections, the state governor is responsible for appointing the Chief Minister and
other cabinet members
The Chief Minister and other ministers are responsible for overseeing the operations of
different government departments and agencies. They each have their workspace. Individuals
benefit from the government’s activities through numerous agencies such as the Public Works
Department, Agriculture Department, and several health departments

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Coalition: The governing party may not always be a single party but rather a coalition of parties
to achieve victory. This is referred to as a coalition

The Election Commission of India (ECI)

The Election Commission of India (ECI) is an autonomous constitutional authority responsible
for administering Union and State election processes in India.
It was established following the Constitution on 25th January 1950 (celebrated as national
voters' Day). The secretariat of the commission is in New Delhi.
The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative
Assemblies in India, and the offices of the President and Vice President in the country.
It is not concerned with the elections to panchayats and municipalities in the states. For this,
the Constitution of India provides for a separate State Election Commission.
Structure of ECI:
Originally the commission had only one election commissioner but after the Election
Commissioner Amendment Act 1989, it was made a multi-member body.
The Election Commission shall consist of the Chief Election Commissioner (CEC) and such
number of other election commissioners, if any, as the President may from time-to-time fix.
Presently, it consists of the CEC and two Election Commissioners.
At the state level, the election commission is helped by the Chief Electoral Officer who is an
IAS rank Officer.
Appointment & Tenure of Commissioners:
The President appoints CEC and Election Commissioners.
They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
They enjoy the same status and receive salary and perks as available to Judges of the Supreme
Court (SC) of India.
Removal:
They can resign anytime or can also be removed before the expiry of their term.
The CEC can be removed from office only through a process of removal similar to that of a SC
judge by Parliament.
Limitations:
The Constitution has not prescribed the qualifications (legal, educational, administrative or
judicial) of the members of the Election Commission.
The Constitution has not specified the term of the members of the Election Commission.

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The Constitution has not debarred the retiring election commissioners from any further
appointment by the government.

Powers and Functions of ECI

Administrative:
To determine the territorial areas of the electoral constituencies throughout the country based
on the Delimitation Commission Act of Parliament.
To prepare and periodically revise electoral rolls and to register all eligible voters.
To grant recognition to political parties and allot election symbols to them.
The Election Commission ensures a level playing field for the political parties in the election
fray, through strict observance by them of a Model Code of Conduct evolved with the
consensus of political parties.
It decides the election schedules for elections, whether general elections or bye-elections.
Advisory Jurisdiction & Quasi-Judicial Functions:
Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election
disqualification of sitting members of Parliament and State Legislatures.
The opinion of the Commission in all such matters is binding on the President or, as the case
may be, the Governor to whom such opinion is tendered.
Further, the cases of persons found guilty of corrupt practices at elections which come before
the SC and High Courts are also referred to the Commission for its opinion on the question as
to whether such person shall be disqualified and, if so, for what period.
The Commission is vested with quasi-judicial power to settle disputes relating to splits/ mergers
of recognised political parties.
The Commission has the power to disqualify a candidate who has failed to lodge an account of
his election expenses within the time and in the manner prescribed by law.