UNIT 2: UNION GOVERNMENT

Rajasthan Polytechnic (BTER) March 07, 2025

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UNIT 2: UNION GOVERNMENT

This unit focuses on the structure of the Indian Union, the roles and powers of key political figures and institutions, including the President, the Prime Minister and Council of Ministers, and the two houses of Parliament, the Lok Sabha and the Rajya Sabha. Let's break down each section in detail.

2.1 Structure of the Indian Union

India is a federal union of states and union territories, where the Union Government (central government) shares authority with the state governments. The structure of the Indian Union is laid out in the Indian Constitution.

Key Features of the Structure of the Indian Union:

  1. Sovereign State: India is a sovereign state, meaning it has full control over its territory and external relations. The Indian Union is indivisible, meaning no part of India has the right to secede from the Union.

  2. Union Government: The Union Government is responsible for governing the whole country and managing relationships between the different states and union territories. The Union Government has its authority in areas specified in the Union List (List I), which includes subjects like defense, foreign affairs, and communication.

  3. Federal System: India follows a federal structure (similar to other federal countries like the USA and Canada) where powers are divided between the central government (Union) and state governments.

    • Three levels of government:
      • Union Government: Governs the entire country.
      • State Governments: Govern the individual states.
      • Local Governments: Govern smaller areas such as cities and villages.

  4. Parliamentary System: India follows a parliamentary system of government where the executive is directly accountable to the legislature (Parliament).

  5. Separation of Powers: The Constitution divides the powers and responsibilities of the government into three branches:

    • Executive (President, Prime Minister, Cabinet)
    • Legislature (Parliament: Lok Sabha and Rajya Sabha)
    • Judiciary (Supreme Court, High Courts)

2.2 President – Role and Power

The President of India is the head of the state and the supreme commander of the armed forces. The President's role is largely ceremonial, but the position holds significant powers, especially in times of national crisis or when required for the functioning of the Union Government.

Powers of the President:

  1. Executive Powers:

    • Appointments: The President appoints the Prime Minister, Cabinet Ministers, Governors of states, Judges of the Supreme Court and High Courts, and other key officials like the Attorney General.
    • Executive Decisions: All decisions of the government are made in the name of the President. The President is bound by the advice of the Council of Ministers (headed by the Prime Minister), as per the Article 74.

  2. Legislative Powers:

    • Summoning and Proroguing Parliament: The President has the authority to summon, prorogue (end), or dissolve Lok Sabha.
    • Assent to Bills: No bill can become law without the President's assent. However, the President can return a bill for reconsideration, except for money bills.
    • Ordinance Making Power: The President can issue ordinances during a situation when Parliament is not in session (Article 123). These ordinances have the same effect as laws passed by Parliament, but they must be approved by Parliament within a certain period.

  3. Judicial Powers:

    • Pardon Power: The President has the power to grant pardons, reprieves, and respites in criminal cases.
    • Appoint Judges: The President appoints judges of the Supreme Court and High Courts.

  4. Military Powers:

    • Supreme Commander of the Armed Forces: The President is the head of India's defense forces and has the power to declare war and peace, but only on the advice of the Cabinet.

  5. Diplomatic Powers:

    • The President represents India in international matters and is responsible for negotiating and signing treaties (though these are subject to parliamentary approval).

Limitations on the President's Powers:

  • The President's powers are mostly exercised on the advice of the Prime Minister and the Council of Ministers, according to the Constitution. In practice, the President’s role is largely ceremonial, and the real executive power lies with the Prime Minister and the Cabinet.

2.3 Prime Minister and Council of Ministers

The Prime Minister (PM) is the head of the government and plays a pivotal role in the administration of the country. The Council of Ministers assists the Prime Minister in carrying out executive functions.

Role of the Prime Minister:

  1. Leader of the Executive:

    • The Prime Minister is the leader of the Union Cabinet and is responsible for coordinating and implementing government policies.

  2. Head of the Government:

    • The PM is the chief decision-maker and holds the most powerful position in the Indian government, controlling the executive branch and guiding the administration.

  3. Adviser to the President:

    • The Prime Minister is the chief adviser to the President and communicates to the President all decisions of the Council of Ministers relating to the administration of the affairs of India and proposals for legislation.

  4. Parliamentary Leader:

    • The PM leads the government in Parliament and represents the government in both the Lok Sabha (Lower House) and Rajya Sabha (Upper House). The PM also represents India internationally.

  5. Leader of the Majority Party:

    • The Prime Minister is typically the leader of the party (or coalition) that holds a majority in the Lok Sabha (House of the People). If no party has a clear majority, the President appoints a leader who is likely to command majority support in the Lok Sabha.

Council of Ministers:

The Council of Ministers consists of:

  • Cabinet Ministers: Senior ministers responsible for major departments.
  • Ministers of State: Junior ministers who may assist Cabinet Ministers.
  • Deputy Ministers: Further junior ministers who assist other ministers.

The Council of Ministers is headed by the Prime Minister and collectively advises the President. It is the most powerful body in the Union Government.

2.4 Lok Sabha and Rajya Sabha

The Indian Parliament consists of two houses:

  • Lok Sabha (House of the People) – Lower House
  • Rajya Sabha (Council of States) – Upper House

Lok Sabha (House of the People)

  1. Composition:

    • The Lok Sabha consists of 545 members who are directly elected by the people of India from various constituencies across the country. The maximum number of members can be 552, including representatives of Union Territories and nominated members.

  2. Functions:

    • Legislative Power: The Lok Sabha is primarily responsible for making laws, discussing bills, and passing them. It has greater legislative powers than the Rajya Sabha.
    • Control over the Executive: The government is responsible to the Lok Sabha. The Prime Minister and the Council of Ministers are collectively accountable to the Lok Sabha.
    • Financial Powers: Only the Lok Sabha can introduce money bills. The Rajya Sabha can only suggest amendments to such bills but cannot reject them.

  3. Term:

    • The Lok Sabha has a five-year term but can be dissolved earlier by the President.

  4. Sessions:

    • The Lok Sabha meets three times a year (Budget, Monsoon, and Winter sessions).

Rajya Sabha (Council of States)

  1. Composition:

    • The Rajya Sabha is the upper house of Parliament, comprising 245 members. These members are not directly elected by the people. Instead, they are elected by the members of state legislative assemblies, or nominated by the President.

  2. Functions:

    • Legislative Power: The Rajya Sabha debates and discusses bills introduced by the Lok Sabha, but it cannot override or block a money bill.
    • Review and Debate: The Rajya Sabha plays a major role in reviewing legislation, policy matters, and is often seen as a revising chamber. It can suggest amendments to bills passed by the Lok Sabha.

  3. Term:

    • Unlike the Lok Sabha, the Rajya Sabha is a permanent body and is not subject to dissolution. However, one-third of its members retire every two years, and new members are elected.

  4. Sessions:

    • Like the Lok Sabha, the Rajya Sabha meets three times a year.

Conclusion

The Union Government of India is a complex system designed to balance the powers of the central government and the states. The President acts as the ceremonial head of the state, while the Prime Minister and the Council of Ministers are responsible for executive functions. The Parliament of India, consisting of the Lok Sabha and Rajya Sabha, plays a key role in legislation, ensuring that laws are passed and the government is held accountable to the people. Together, these elements ensure the smooth functioning of India’s democratic system

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