Union Government Structure — President, PM, Parliament
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Why This Chapter Matters
Questions on the Union Government — the President, the Vice-President, the Prime Minister, the Council of Ministers, and Parliament — appear in almost every SSC GD and RPF Constable General Studies paper. Examiners test the constitutional articles, tenure, qualifications, powers, and the legislative process. This chapter builds that foundation systematically, article by article, so that no matter how the question is framed, you can work out the answer from first principles rather than rote memory alone.
The President of India
The President is the constitutional head of the Indian State and the first citizen of the country. All executive action of the Union Government is formally taken in the name of the President, even though real executive power rests with the Council of Ministers headed by the Prime Minister. India follows a parliamentary system, so the President is a nominal (titular) executive, while the Prime Minister is the real executive.
Qualifications for the Office of President (Article 58)
- Must be a citizen of India.
- Must have completed 35 years of age.
- Must be qualified for election as a member of the Lok Sabha.
- Must not hold any office of profit under the Union, State, or local government (exceptions exist for the President, Vice-President, Governor, and Ministers).
Election of the President (Article 54 and 55)
The President is elected not directly by the people but by an Electoral College, using the system of indirect election. This Electoral College consists of:
- Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
- Elected members of the Legislative Assemblies of States (including the National Capital Territory of Delhi and the Union Territory of Puducherry, after the 70th Amendment).
Nominated members of Parliament and State Legislatures, and members of Legislative Councils (in states with a bicameral legislature), do not take part in the election of the President. The election is held according to the system of proportional representation by means of the single transferable vote, and voting is by secret ballot. The value of votes of each MLA and each MP is calculated through a specific formula so that there is uniformity in the scale of representation of different states, and parity between the states as a whole and the Union.
Term, Resignation, and Removal
The President holds office for a term of five years from the date on which he/she enters upon the office, but is eligible for re-election any number of times (unlike the President of the USA, who can serve a maximum of two terms). The President can resign before the expiry of the term by writing to the Vice-President. The President can also be removed from office before the expiry of the term through a process called impeachment, on the ground of "violation of the Constitution," under Article 61. Impeachment is a quasi-judicial procedure and can be initiated in either House of Parliament. The charge must be signed by one-fourth of the members of that House, and a 14-day notice must be given to the President. The resolution to impeach must be passed by a majority of two-thirds of the total membership of that House, then investigated by the other House, and again passed by a two-thirds majority of the total membership of that House.
Powers of the President
The President's powers can be classified broadly into executive, legislative, financial, judicial, diplomatic, military, and emergency powers.
Executive Powers
- All executive actions of the Union are taken in the President's name.
- Appoints the Prime Minister and, on the PM's advice, other Ministers.
- Appoints the Attorney General of India, the Comptroller and Auditor General (CAG), the Chief Election Commissioner and other Election Commissioners, Governors of States, and Chairman/Members of the Union Public Service Commission.
- Can seek information from the Prime Minister regarding administration of the affairs of the Union (Article 78).
Legislative Powers
- Summons and prorogues sessions of Parliament, and can dissolve the Lok Sabha.
- Addresses Parliament at the commencement of the first session after each general election and the first session of each year (Article 87).
- A Bill passed by Parliament becomes law only after the President's assent (Article 111). The President may give assent, withhold assent, or (for ordinary bills, not Money Bills) return the bill for reconsideration once; if Parliament passes it again, the President must give assent.
- Can nominate 12 members to the Rajya Sabha from persons with special knowledge in literature, science, art, and social service (Article 80).
- Can promulgate Ordinances when Parliament is not in session (Article 123). An Ordinance has the same force as an Act of Parliament but must be approved by Parliament within six weeks of its reassembly, or it lapses.
Financial Powers
- Money Bills can be introduced in Parliament only with the President's prior recommendation.
- The Union Budget (Annual Financial Statement) is placed before Parliament in the President's name.
- Controls the Contingency Fund of India, out of which advances can be made for unforeseen expenditure.
- Constitutes the Finance Commission every five years to recommend distribution of resources between the Union and the States.
Judicial Powers
- Appoints the Chief Justice and other Judges of the Supreme Court and High Courts.
- Can grant pardons, reprieves, respites, or remissions of punishment, or suspend, remit, or commute the sentence of any person convicted of an offence, under Article 72. This includes death sentence cases and court-martial cases — a power distinct from a similar but narrower pardoning power given to Governors under Article 161.
Diplomatic and Military Powers
- All international treaties and agreements are negotiated and concluded in the President's name.
- Is the Supreme Commander of the Defence Forces of India and appoints the Chiefs of the Army, Navy, and Air Force.
Emergency Powers
The President can proclaim three types of emergency under the Constitution:
| Type of Emergency | Article | Ground |
|---|---|---|
| National Emergency | Article 352 | War, external aggression, or armed rebellion |
| President's Rule (State Emergency) | Article 356 | Failure of constitutional machinery in a State |
| Financial Emergency | Article 360 | Threat to financial stability or credit of India |
Note: the term "armed rebellion" replaced the earlier term "internal disturbance" through the 44th Constitutional Amendment Act, 1978, following the experience of the 1975 Emergency.
The Vice-President of India
The Vice-President is the second-highest constitutional office in the country and is modelled on the American Vice-President. The office is dealt with under Articles 63 to 71.
Qualifications
- Citizen of India, at least 35 years of age.
- Qualified for election as a member of the Rajya Sabha.
- Should not hold any office of profit.
Election and Term
The Vice-President is elected by an Electoral College consisting of members of both Houses of Parliament (elected as well as nominated), unlike the President's Electoral College, which excludes nominated members and does not include State Legislatures at all. The election follows the system of proportional representation by single transferable vote, with secret ballot. The term of office is five years, and the Vice-President is eligible for re-election.
Functions
The Vice-President's primary constitutional role is to act as the ex-officio Chairman of the Rajya Sabha (Article 64). This is the Vice-President's main function and, unlike the Speaker of the Lok Sabha, the Vice-President is not a member of the House he or she presides over. The Vice-President also acts as President when a vacancy occurs due to death, resignation, removal, or otherwise, until a new President is elected, and can act for the President during temporary absence or illness (Article 65).
The Prime Minister and the Council of Ministers
India follows the parliamentary form of government, where the Prime Minister is the real head of the executive — the Constitution's Article 74 states there "shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President," and the President is bound to act in accordance with such advice (post the 42nd and 44th Amendments).
Appointment
The President appoints the Prime Minister — conventionally the leader of the party or coalition that commands a majority in the Lok Sabha. Other Ministers are appointed by the President on the advice of the Prime Minister. A person who is not a member of either House of Parliament can be appointed a Minister, but must be elected to either House within six months, or cease to be a Minister (Article 75).
Council of Ministers
The Council of Ministers works on the principle of collective responsibility to the Lok Sabha (Article 75(3)) — the entire Council falls if the Lok Sabha passes a no-confidence motion, even if the resolution is directed against a policy of an individual minister. Ministers are categorized into three ranks:
- Cabinet Ministers — head major ministries and are members of the Cabinet, the inner decision-making body.
- Ministers of State (Independent Charge) — hold independent charge of smaller ministries but are not members of the Cabinet.
- Ministers of State — attached to Cabinet Ministers to assist with specific responsibilities.
The total number of Ministers, including the Prime Minister, in the Council of Ministers cannot exceed 15% of the total strength of the Lok Sabha — a limit introduced by the 91st Constitutional Amendment Act, 2003, to check the growth of oversized ministries.
Parliament of India
Parliament is the supreme legislative body of the Union, consisting of the President, the Lok Sabha (House of the People), and the Rajya Sabha (Council of States). Articles 79 to 122 of the Constitution deal with the organization, procedure, privileges, and powers of Parliament.
Lok Sabha (House of the People)
- Directly elected by the people through universal adult suffrage from territorial constituencies.
- Maximum strength fixed by the Constitution at 552 (530 from states, 20 from Union Territories); the actual composition is decided by delimitation, and currently the effective strength is 543 elected members after the provision for nominated Anglo-Indian members was removed by the 104th Amendment Act, 2019.
- Normal term is five years from the date of its first sitting, unless dissolved earlier; the term may be extended during a proclamation of National Emergency.
- Minimum age to contest election to the Lok Sabha is 25 years.
- Presided over by the Speaker, elected by the members of the House from amongst themselves; a Deputy Speaker is also elected.
- Money Bills can only originate in the Lok Sabha, and the Rajya Sabha has very limited powers over them.
Rajya Sabha (Council of States)
- A permanent House — it is never dissolved. It represents the States and Union Territories of India.
- Maximum strength fixed at 250 — up to 238 members representing States and Union Territories (elected indirectly by elected members of State Legislative Assemblies through proportional representation by single transferable vote), and 12 members nominated by the President for their special knowledge or practical experience in literature, science, art, or social service.
- One-third of its members retire every second year, since members serve a term of six years — this is what gives the Rajya Sabha its character as a "permanent" or continuing chamber.
- Minimum age to contest election to the Rajya Sabha is 30 years.
- Presided over by the Vice-President of India as ex-officio Chairman; a Deputy Chairman is elected from amongst the members.
Comparative Table: Lok Sabha vs Rajya Sabha
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Nature | Lower House, House of the People | Upper House, Council of States |
| Election | Direct election by voters | Indirect election by MLAs (mostly) |
| Max strength | 552 (currently 543 elected) | 250 (currently up to 245) |
| Term | 5 years, can dissolve early | Permanent House, 1/3 retire every 2 years |
| Presiding Officer | Speaker | Vice-President (Chairman) |
| Minimum age to contest | 25 years | 30 years |
| Money Bill | Can originate and has final say | Cannot originate; only 14 days to return |
The Legislative Process — How a Bill Becomes an Act
Bills are broadly of two types: Ordinary Bills and Money Bills (a subset of Financial Bills), and can be introduced by a Minister (Government Bill) or a private member (Private Member's Bill).
Stages of an Ordinary Bill
- First Reading — introduction of the Bill in either House.
- Second Reading — general discussion, and detailed clause-by-clause scrutiny, often referred to a Select or Standing Committee.
- Third Reading — the Bill is put to vote, generally without further debate.
- The Bill then goes to the other House, which can pass it, reject it, or amend it, or take no action. If the two Houses disagree, a joint sitting of both Houses may be summoned by the President under Article 108 to resolve the deadlock — a Money Bill is never subject to this joint sitting mechanism.
- Finally, the Bill is presented to the President for assent under Article 111.
Money Bills
A Money Bill, defined under Article 110, deals exclusively with matters like taxation, borrowing by the government, or expenditure from the Consolidated Fund of India. It can be introduced only in the Lok Sabha, and only with the President's prior recommendation. Once passed by the Lok Sabha, it is transmitted to the Rajya Sabha, which can only make recommendations within 14 days — the Lok Sabha may accept or reject these; the Rajya Sabha has no power to reject or amend a Money Bill directly. If the Rajya Sabha does not return the Bill within 14 days, it is deemed to have been passed by both Houses in the form it was passed by the Lok Sabha.
Parliamentary Sessions and Terms Frequently Asked in Exams
- Question Hour — the first hour of a sitting, devoted to questions to Ministers.
- Zero Hour — an Indian parliamentary innovation (not found in the rule book), immediately following Question Hour, when members raise matters without prior notice.
- Adjournment Motion — introduced to draw attention to an urgent matter of public importance, and involves an element of censure against the government; can only be moved in the Lok Sabha.
- No-Confidence Motion — can be moved only in the Lok Sabha against the Council of Ministers; needs support of at least 50 members to be admitted.
- Cut Motions — moved during discussion on demands for grants, to reduce the amount of a grant.
- A session of Parliament is a period between the first sitting and prorogation; there should not be more than a six-month gap between two sessions.
Relationship Between President and Prime Minister — Practical Working
Although the Constitution vests wide-ranging powers in the President, the actual practice of Indian democracy since 1950 has consistently followed the convention that the President acts on the aid and advice of the Council of Ministers. The 42nd Amendment Act, 1976, made this advice binding in explicit constitutional text, and the 44th Amendment Act, 1978, added a proviso allowing the President to send the advice back once for reconsideration — but if the Council of Ministers sends the same advice again, the President is bound to act upon it. This is why the President is often described as a "constitutional monarch" or a nominal executive: real power rests with the Prime Minister and Cabinet, while the President's role becomes discretionary and significant chiefly in situations such as a hung Parliament (deciding whom to call to form the government), or when deciding whether to grant dissolution of the Lok Sabha to a Prime Minister who has lost majority support.
Parliamentary Committees
Because Parliament as a whole cannot examine every legislative and financial matter in detail, it works extensively through committees, broadly divided into Standing Committees (permanent, reconstituted periodically) and Ad Hoc Committees (created for a specific purpose and dissolved after completing the task).
Key Financial Committees
- Public Accounts Committee (PAC) — examines the accounts of the government showing appropriation of sums granted by Parliament, on the basis of reports submitted by the CAG; consists of 22 members (15 from Lok Sabha, 7 from Rajya Sabha), and by convention its Chairman is a member of the principal opposition party.
- Estimates Committee — examines the estimates in the Budget and suggests economies in public expenditure; consists only of Lok Sabha members (30 members), making it the largest parliamentary committee.
- Committee on Public Undertakings — examines the reports and accounts of Public Sector Undertakings.
Departmentally Related Standing Committees
Since 1993, Parliament has functioned through a system of Departmentally Related Standing Committees (DRSCs), each attached to one or a group of ministries, which examine Bills, budgetary demands for grants, and policy matters referred to them, allowing more detailed scrutiny than is possible on the floor of the House.
Anti-Defection Law
The Tenth Schedule of the Constitution, inserted by the 52nd Amendment Act, 1985, popularly called the Anti-Defection Law, lays down the process by which a member of Parliament or a State Legislature can be disqualified for defection — voting against the party whip, voluntarily giving up party membership, or an independent member joining a party after election. Decisions on disqualification under this law are made by the Speaker (in the Lok Sabha or a State Assembly) or the Chairman (in the Rajya Sabha or a Legislative Council), and are subject to judicial review. The 91st Amendment Act, 2003, removed the earlier exemption that allowed a "split" of one-third of a party's members to escape disqualification, tightening the law considerably.
Key Facts at a Glance
- President's term: 5 years; minimum age 35; elected indirectly by an Electoral College of elected MPs and elected MLAs.
- Impeachment of the President is only on the ground of "violation of the Constitution," under Article 61.
- Vice-President is ex-officio Chairman of the Rajya Sabha; elected by MPs (elected and nominated) only.
- Prime Minister is appointed by the President; usually the leader commanding majority support in the Lok Sabha.
- Council of Ministers size capped at 15% of Lok Sabha strength (91st Amendment, 2003).
- Lok Sabha: directly elected, max 552 seats, 5-year term, presided by Speaker.
- Rajya Sabha: indirectly elected, max 250 seats, permanent body, presided by Vice-President.
- Money Bills originate only in Lok Sabha; Rajya Sabha has only a 14-day recommendatory role.
- Three types of emergency: National (Art. 352), President's Rule (Art. 356), Financial (Art. 360).
- Ordinance-making power of the President is under Article 123, valid only when Parliament is not in session.
Practice MCQs
- Who elects the President of India?
- (a) Members of Lok Sabha only
- (b) Elected members of Parliament and elected members of State Legislative Assemblies
- (c) All citizens of India directly
- (d) Members of the Rajya Sabha only
- What is the minimum age required to become President of India?
- (a) 25 years
- (b) 30 years
- (c) 35 years
- (d) 40 years
- On what ground can the President of India be impeached?
- (a) Corruption
- (b) Violation of the Constitution
- (c) Inefficiency
- (d) Ill health
- Who acts as the ex-officio Chairman of the Rajya Sabha?
- (a) The President
- (b) The Speaker of Lok Sabha
- (c) The Vice-President
- (d) The Prime Minister
- What is the maximum permissible strength of the Council of Ministers under the 91st Amendment?
- (a) 10% of Lok Sabha strength
- (b) 15% of Lok Sabha strength
- (c) 20% of Lok Sabha strength
- (d) 25% of Lok Sabha strength
- A Money Bill can be introduced in which House of Parliament?
- (a) Only Rajya Sabha
- (b) Only Lok Sabha
- (c) Either House
- (d) A joint sitting of both Houses
- How many members can the President nominate to the Rajya Sabha?
- (a) 2
- (b) 10
- (c) 12
- (d) 15
- Which Article empowers the President to promulgate Ordinances?
- (a) Article 110
- (b) Article 123
- (c) Article 356
- (d) Article 61
- What is the normal term of the Lok Sabha?
- (a) 4 years
- (b) 5 years
- (c) 6 years
- (d) 7 years
- Which motion can be moved only in the Lok Sabha and never in the Rajya Sabha?
- (a) Calling Attention Motion
- (b) No-Confidence Motion
- (c) Short Duration Discussion
- (d) Privilege Motion
- What replaced the term "internal disturbance" as a ground for National Emergency?
- (a) Civil unrest
- (b) Armed rebellion
- (c) Public disorder
- (d) Insurgency
- One-third of the members of which House retire every two years?
- (a) Lok Sabha
- (b) Rajya Sabha
- (c) Legislative Assembly
- (d) Legislative Council