GOVERNANCE AT THE UNION LEVEL
SKILLS Activity
[Link] Title of Lesson
20 Governance at the Critical Thinking, Problem Solving, To Understand the
Union Level Effective Communication, Self Governance at the Central
Awareness Level
Meaning
The Constitution of India has made alternate provision for the structure and functioning of all the three
branches of the government i.e. executive, legislature and judiciary, The President, the Council of
Ministers with Prime Minister constitute the executive branch of the Government, the Parliament with its
two houses- House of the People or Lok Sabha and Council of States i.e. Rajya Sabha is the legislative
branch and the Supreme Court heads the judicial branch.
THE UNION GOVERNMENT Powers of the President
The President is Head of the State. It is the highest
EXECUTIVE LEGISLATURE JUDICIARY public office in the country. All executive actions
President President The Supreme of the government of India are carried out in his/
The Prime Lok Sabha Court her name. Following are the powers of the President:
Minister Chief Justice z Executive Powers : President of India has the
Rajya Sabha power to appoint Prime Minister, Council of
The Council of The Judges Ministers, the Attorney General of India, the
Minister Comptroller and the Auditor General of India,
Chief justice of Supreme court and other
The President judges, heads of the three wings of forces etc.
z Legislative power : President is part of the
In the Preamble of Indian Constitution it has been Parliament. He/she summons and prorogue
said that India is a Sovereign, Democratic, the sessions of the Parliament. No bill can
Socialist, Secular, Republic. A Republic is a become law without his/her consent. He/she
government where the head of the State is an can issue an Ordinance.
elected person. He/She is indirectly elected by an z Financial powers : No Money Bill can be
electoral college which consists of the elected introduced in Lok Sabha without his/her
members of both the houses of Parliament as well consent. Annual Budget is introduced on his/
as State Legislative Assemblies including Union her recommendation. Appoints Finance
Territories of Delhi and Pudduchery (earlier known Commission after every five years.
as Pondichery). The voting is by secret ballot. He/ z Judicial Power: President of India has the
She is elected according to the system of powers to grant pardon or to reduce the
proportional representation by means of single punishment of a convict.
transferable vote.
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Position of the President Functions of the Prime Minister
z According to the Constitution of India all z President exercises his/her powers on the aid
executive powers vest in the President. and advice of the Council of Ministers with the
Moreover, he/she has extensive emergency Prime Minister as the head, and that advice will
powers. be binding.
z Does this mean that the President is all
powerful? z It is on his/her recommendations that the President
z In parliamentary system the President is a appoints the members of the Council of Ministers
Nominal Executive or a Constitutional Head and distributes portfolios among them.
of the State. z He/She presides over the meetings of the
Cabinet.
The Prime Minister z He/She acts as the link between the President
The Prime Minister is the most important functionary and the Council of Ministers.
at the Central Government. In the Constitution of z He/she is the leader not only of Parliament but
India, it has been mentioned that there shall be a also of the Nation.
Council of Ministers with the Prime Minister at the z He/she is Ex-officio Chairman of the Planning
Head to aid and advice the President who shall act Commission and of the National Development
according to that advice. The Prime Minister is the Council.
real head of the Union Government. The Union Council of Ministers
z The Prime Minster is appointed by the President, z The Ministers are appointed by the President
but the President has to invite only that person on the recommendations of the Prime Minster.
to be the Prime Minister, who is the leader of the z The Council of Ministers has three categories
majority party or coalition in the Lok Sabha. of Ministers – Cabinet Ministers, Ministers of
z With the initiation of the phase of coalitions, State and Deputy Ministers.
he/she may be the leader of a group of more z Ministers are responsible collectively as well
than one political party. as individually to the Lok Sabha.
z In the changed situation, the President may z The Council of Ministers swim and sink
invite the person who is the leader elected by together.
the political party that has the largest number
z The decision of the cabinet or council of
of seats in the Lok Sabha
ministrers are kept secret.
z He/she must be a member either of Lok Sabha
z The cabinet meeting is attended by cabinet
or Rajya Sabha
ministers, however, if need be, Minister of state
z If he/she is not a member of any house, he/she may also be invited to attend such meetings.
has to acquire it within six months from the
date of his/her appointment as PM.
Position of the Prime Minister
Prime Minister occupies a key position in the Union government.
z He/She is the ‘principal spokesperson’ and defender of the policies of the government in the Parliament.
z All international agreements and treaties with other countries are concluded with the consent of the Prime
Minister.
z The experience of coalition governments during the last 10 years has shown that the Prime minister
should not only be accomodative but vigilant and diplomatic also.
z He/she should prove that he/she is the pivot around which the Government machinery revolves.
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The President and Emergency Provisions
The above mentioned powers are exercised by the President during normal times. However, he/she has
important powers that are exercised during abnormal situations. These are known as emergency powers.
The Constitution has made provisions for these powers to meet three specific extraordinary or abnormal
situations arising in the country. These are:
(i) war or external aggression or armed rebellion (Article 352); National Emergency
(ii) failure of the constitutional machinery in any State (Article 356; President’s Rule in the State
(iii) deep financial crisis (Article 360); Financial Emergency
The Union Parliament
The legislative branch of the Union Government is called the Parliament which consists of the President
and the two houses known as the House of the People (Lok Sabha) and the Council of States (Rajya Sabha).
The House of the People is the lower house and the Council of States is the upper house.
COMPOSITION
Lok Sabha
The members of the Lok Sabha are directly elected by the people of India. The number of its members
cannot exceed 550. Out of these, 530 are directly elected by the people of the States, and the remaining 20
members are elected from the Union Territories. All the citizens who are 18 years of age and above have
the right to vote. If the Anglo-Indian Community is not represented, the President can nominate two
persons of this community as members.
Rajya Sabha
The maximum number of members of this house cannot exceed 250. Out of these, 238 members represent
the States and Union Territories and 12 members are nominated by the President of India. These nominated
members are distinguished persons in the field of literature, art, science and social service. The elected
members of Rajya Sabha are elected by the State Legislative Assemblies, according to the system of
proportional representation the method of single transferable vote.
The tenure of Lok Sabha is 5 years where as that of member of Rajya Sabha is 6 years. 1/3 members of
Rajya Sabha retire every two years and new members are elected. The retiring members can be re-elected.
It is a permanent house.
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Functions of the Parliament Comparative Position of Both
the Houses of the Parliament
The Parliament is the supreme legislative body. It
performs different kinds of functions. These are: In a bicameral parliamentary system the lower
Legislative Functions house always plays a more important role than the
upper house. In India also Lok Sabha is more
z Parliament is a law making body. It legislates
powerful than Rajya Sabba. It is through a
on the subjects mentioned in the Union List
comparative study that we can assess which house
and the Concurrent List.
is more effective and powerful.
Executive Functions z Lok Sabha is directly elected i.e. true
z Council of Ministers is the real executive representative of the people of India. On the
which implements different laws and policies other hand Rajya Sabha is indirectly elected.
of the government. z Lok Sabha is elected for a definite period i.e. 5
Financial Functions years where as Rajya Sabha is a permanent body.
z In case of an ordinary bill, both the Houses
z The Parliament is the custodian of the public
have equal powers. However, in case of a
money. It controls the entire purse of the
conflict between the two, Lok Sabha with 550
Union government.
members has an upper hand.
z The Parliament may pass, reduce or reject the z As regards the control over the Council of
demands for grants presented to it by the Ministers, Lok Sabha is more effective. Lok
government. Sabha through the vote of ‘no confidence’ can
z No taxes can be collected and no expenditure dislodge the Council of Ministers. Rajya Sabha
can be made without the approval of the can check Council of Ministers through
Parliament. questions and adopting various motions.
Judicial Functions z Lok Sabha and Rajya Sabha have almost similar
powers in relation to election of President and
The Parliament is empowered to prescribe the Vice President, impeachment or removal of
number of Judges of the Supreme Court by law. the President, Vice President, Chief Justic and
It is also authorised to establish a common High Judges of Supreme Court and Hight Court.
Court for two or more States; or even to constitute z So far as the financial matters are concerned,
a High Court even for a Union Territory. Lok Sabha again has an upper hand. Rajya
Sabha can only delay the passage of money bill
Miscellaneous Functions or can only debate on the Annual Budget. But
(i) The Parliament has the power to remove the it cannot stop it from becoming law.
President and the Vice President by a special z Rajya Sabha may create a new All India Service
majority of votes. (This process is called or declare a subject of the State list to be of
Impeachment) national importance consequently transferring
it to Union List.
(ii) It has the power to amend the Constitution
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The Supreme Court
India has a unified judiciary, wherein the Supreme Court is the Apex Court.
The Jurisdiction of the Supreme Court
Original Jurisdiction Appellate Jurisdiction Advisory Jurisdiction
The Supreme Court has the z The power of a superior z The Supreme Court has a special
authority to hear directly certain or higher court to hear and advisory jurisdiction in matters
cases. These are like the: decide appeals against the which may specifically be referred
(a) Disputes between the Union judgment of the lower to it by the President of India.
Government and one or more court is called appellate z The Supreme Court is a court of
State Governments. jurisdiction. The Supreme record. The records of the Supreme
(b) Disputes between two or Court is a court of appeal Court, in matters of interpretation
more States. for constitutional, civil of the law or of the Constitution,
and criminal cases. have to be accepted when produced
before the lower courts.
Guardian of the Constitution Judicial Review
z As the interpreter of the Constitution, the The Supreme Court of India has the power to
Supreme Court has the power to protect and examine the validity of laws or executive orders.
defend the Constitution. The Supreme Court has the powers to interpret
z If any law or executive order is against the the Constitution, and through this it has assumed
Constitution, the same can be declared the power of ‘Judicial Review’.
unconstitutional or invalid by the Supreme
Court..
Judicial Activism and Public Interest Litigation
‘Judicial Activism’ has been defined as ‘innovative interpretation’ of the Constitution. In India it has
enjoyed support from the public, because it has concentrated on giving the disadvantaged the access to
justice. Public Interest Litigation has often been used on behalf of people who are poor or disadvantaged
and do not have the means to approach the Court. With Judicial Activism and PIL, courts have given
judgments on pollution, the need for a Uniform Civil Code, eviction of unauthorised buildings, stopping
child labour in dangerous occupations, and on any other issues.
Evaluate Yourself
Q. What are the executive powers of the President of India?
Q. List any four major functions of the Indian Parliament.
Q. Rajya Sabha is not only a second chamber but a secondary chamber also” Do you agree? Give any three
arguments in support of your answer.
