Unit 2

Union Executive:
The Union Executive in India refers to the executive branch at the
national level. It consists of the President, the Vice President, the Prime
Minister, the Council of Ministers, and the Attorney General of India.
Let's briefly discuss each component:
1. President of India:
 The President is the ceremonial head of state and the
supreme commander of the Indian Armed Forces.
 The President is elected by an electoral college consisting of
the elected members of both houses of Parliament, as well
as the elected members of the Legislative Assemblies of the
States and Union territories.
 The President's powers are largely nominal, and the real
executive authority is vested in the Council of Ministers.
2. Vice President of India:
 The Vice President is the second-highest constitutional office
in the country.
 The Vice President is elected by an electoral college
consisting of the members of both houses of Parliament.
 The Vice President acts as the ex-officio Chairman of the
Rajya Sabha (Council of States).
3. Prime Minister:
 The Prime Minister is the head of government and exercises
the executive powers along with the Council of Ministers.
  The Prime Minister is appointed by the President, and the
other ministers are appointed by the President on the advice
of the Prime Minister.
 The Prime Minister is the leader of the majority party in the
Lok Sabha (House of the People).
4. Council of Ministers:
 The Council of Ministers is composed of ministers who head
various ministries.
 There are three categories of ministers: Cabinet Ministers,
Ministers of State with independent charge, and Ministers of
State.
 The Council of Ministers is collectively responsible to the Lok
Sabha.
5. Attorney General of India:
 The Attorney General is the chief legal advisor to the
government.
 Appointed by the President, the Attorney General provides
legal advice to the government and represents the
government in legal matters.
The Union Executive, under the parliamentary system, operates on the
principle of collective responsibility. The President's powers are
exercised on the advice of the Council of Ministers, headed by the
Prime Minister. The Council of Ministers is accountable to the Lok
Sabha, and the government can be dismissed through a vote of no-
confidence in the Lok Sabha. This structure ensures the democratic
functioning of the executive branch at the national level.
The President
Executive powers of the Union
Election of the President
Qualification for election as President
Procedure for impeachment of the President
Powers and Position of the President
Privileges of the President
The President: The President of India is the ceremonial head of the
state and the supreme commander of the Indian Armed Forces. The
President represents the unity of the nation and acts on the advice of
the Council of Ministers headed by the Prime Minister. The President's
powers are largely exercised in accordance with the advice of the Prime
Minister and the Council of Ministers.
Executive Powers of the Union: The executive powers of the Union are
vested in the President, and they are exercised either directly or
through officers subordinate to the President. The President appoints
the Prime Minister and other ministers, and executive actions are taken
in the President's name.
Election of the President:
 The President is elected by an electoral college consisting of the
elected members of both houses of Parliament, as well as the
elected members of the Legislative Assemblies of the States and
Union territories.
 The election is conducted by a system of proportional
representation by means of a single transferable vote.
Qualification for Election as President: To be eligible for election as
President, a candidate must:
 Be a citizen of India.
 Have completed the age of 35 years.
 Be eligible for election as a member of the Lok Sabha (House of
the People).
 Not hold any office of profit under the government of India or the
government of any state or under any local or other authority.
Procedure for Impeachment of the President:
 The President can be impeached for violation of the Constitution,
but the procedure is complex and involves charges of "violating
the Constitution" or "gross misconduct."
 The process for impeachment is initiated by a notice in either
House of Parliament, which must be supported by at least one-
fourth of the total members of that House.
 A resolution for the President's impeachment must be passed by a
special majority in both houses (two-thirds majority of members
present and voting).
Powers and Position of the President:
 The President is the supreme commander of the defense forces of
India.
 The President can grant pardons, reprieves, respites, or remissions
of punishment or suspend, remit, or commute the sentence of any
person convicted of any offense.
 The President summons and prorogues the sessions of Parliament
and dissolves the Lok Sabha.
Privileges of the President:
 The President is entitled to a salary and allowances as may be
determined by Parliament.
 The President's official residence is the Rashtrapati Bhavan in New
Delhi.
 Various privileges and immunities are provided to the President
under the Constitution.
It's important to note that while the President has certain constitutional
powers, these are generally exercised in accordance with the advice of
the Council of Ministers. The President's role is largely ceremonial, and
the real executive authority is vested in the Prime Minister and the
Council of Ministers.

The Vice President:

Qualification for the office of Vice President Election of Vice President
Term of office of Vice President Time for holding election
Removal of Vice President
Council of Ministers
Attorney General for India

1. Qualification for the Office of Vice President:

 To be eligible for the office of the Vice President, a person
must be a citizen of India.
 The person must have completed the age of 35 years.
  The person must be eligible for election as a member of the
Rajya Sabha (Council of States).
2. Election of Vice President:
 The Vice President is elected by an electoral college
consisting of members of both houses of Parliament.
Members of both Lok Sabha (House of the People) and Rajya
Sabha participate in the election.
 The election is conducted by means of a single transferable
vote, and the candidate securing a simple majority is
declared elected.
3. Term of Office of Vice President:
 The Vice President holds office for a term of five years.
 The Vice President is eligible for re-election.
4. Time for Holding Election:
 An election to fill the office of the Vice President is held at
the expiration of the term of the previous Vice President or
when the office becomes vacant due to resignation, removal,
or death.
5. Removal of Vice President:
 The Vice President can be removed from office by a
resolution of the Rajya Sabha, passed by a majority of all the
then members of the Rajya Sabha and agreed to by the Lok
Sabha. However, the resolution cannot be moved unless at
least 14 days' notice has been given.
Council of Ministers:
  The Council of Ministers is headed by the Prime Minister and is
composed of other ministers.
 The Council of Ministers is collectively responsible to the Lok
Sabha (House of the People).
 It aids and advises the President in the exercise of his/her
functions.
Attorney General for India:
 The Attorney General for India is the chief legal advisor to the
government of India.
 The Attorney General is appointed by the President and holds
office during the pleasure of the President.
 The Attorney General has the right of audience in all courts in
India and can participate in the proceedings of either House of
Parliament or any committee thereof, without the right to vote.
The Vice President, Council of Ministers, and Attorney General play
important roles in the functioning of the government. The Vice
President is the ex-officio Chairman of the Rajya Sabha, and the Council
of Ministers assists the President in the exercise of executive powers.
The Attorney General provides legal advice to the government and
represents the government in legal matters.
State executive:
In the context of India, the State Executive refers to the executive
branch of government at the state level. Similar to the Union Executive
at the national level, the State Executive is responsible for
implementing laws and policies within a specific state. Let's discuss the
components and functions of the State Executive:
1. Governor:
 The Governor is the ceremonial head of the state and
represents the President of India at the state level.
 The Governor's powers and functions are largely analogous
to those of the President at the national level.
 The Governor appoints the Chief Minister, who is usually the
leader of the majority party in the State Legislative
Assembly.
2. Chief Minister:
 The Chief Minister is the head of the state government and
exercises the executive powers along with the Council of
Ministers.
 The Chief Minister is appointed by the Governor and is
responsible for the day-to-day administration of the state.
3. Council of Ministers:
 The Council of Ministers at the state level is composed of
ministers who head various state ministries.
 Similar to the Union Council of Ministers, the state ministers
collectively aid and advise the Governor in the exercise of
his/her functions.
4. State Legislature:
 The State Legislature consists of two houses - the Legislative
Assembly (Vidhan Sabha) and the Legislative Council (Vidhan
Parishad) in states having a bicameral legislature.
 The executive is responsible and accountable to the
Legislative Assembly, which is the lower house.
 5. State Attorney General:
 Some states appoint an Advocate General to provide legal
advice to the state government.
 The Advocate General represents the state government in
legal matters.
6. State Bureaucracy:
 The state bureaucracy, led by the Chief Secretary, assists the
political executive in implementing policies and programs.
 The Chief Secretary is the highest-ranking civil servant in the
state.
7. Police and Law and Order:
 The state government is responsible for maintaining law and
order within its jurisdiction.
 The Director General of Police (DGP) is the head of the state
police force.
8. Local Administration:
 The state executive oversees local administration through
district collectors and other administrative officers.
The State Executive, like the Union Executive, operates on the principles
of parliamentary democracy. The Chief Minister and the Council of
Ministers are collectively responsible to the State Legislative Assembly,
and the government can be dismissed through a vote of no-confidence
in the assembly. The Governor's role is largely ceremonial, and the real
executive authority is vested in the Chief Minister and the Council of
Ministers.
The Governor
Executive Powers of the State Appointment of the Governor Term of
Office of Governor
Qualification for appointment as Governor
Condition of Governor's Office
Powers of Governor
The Governor:
1. Executive Powers of the State:
 The Governor is the constitutional head of the state and
exercises executive powers on behalf of the President.
 The executive powers of the state are vested in the
Governor, and these powers are to be exercised in
accordance with the advice of the Council of Ministers.
2. Appointment of the Governor:
 The Governor is appointed by the President of India.
 The Governor is usually a person with experience in public
life, but there are no specific qualifications prescribed for the
office.
3. Term of Office of Governor:
 The Governor holds office during the pleasure of the
President.
 There is no fixed term for the Governor, and the President
can remove the Governor at any time.
4. Qualification for Appointment as Governor:
 The Constitution does not specify qualifications for the
appointment of a Governor.
  Generally, the Governor is a person with wide experience in
public life and is often a retired civil servant, diplomat, or a
person with a distinguished record in the political or social
field.
5. Condition of Governor's Office:
 The Governor should not be a member of either House of
Parliament or of a House of the Legislature of any state.
 If a person is a member of either House of Parliament or of a
House of the Legislature of any state at the time of their
appointment as Governor, they vacate that seat upon
assuming the office of Governor.
6. Powers of the Governor:
 Executive Powers: The Governor is the head of the state's
executive branch and exercises executive powers on behalf
of the President.
 Appointment of Chief Minister: The Governor appoints the
Chief Minister, who is usually the leader of the majority
party in the State Legislative Assembly.
 Dissolution of State Legislative Assembly: The Governor has
the power to dissolve the State Legislative Assembly and call
for fresh elections.
 Assent to Bills: The Governor gives assent to bills passed by
the state legislature before they become laws.
7. Discretionary Powers of the Governor:
 While the Governor is expected to act on the advice of the
Council of Ministers, there are certain situations where the
 Governor can exercise discretion, known as discretionary
powers.
 These discretionary powers are exercised in specific
situations, such as when there is no clear majority for any
party, or in the appointment of the Chief Minister.
The role and powers of the Governor vary from state to state, and the
office of the Governor is designed to ensure the federal character of the
Indian Constitution. The Governor plays a crucial role in the functioning
of the state government and acts as a link between the state and the
Union.
The Council of Ministers:
Relationship between Governor and Council of Ministers Advocate
General for State (Appointment and Functions)
1. Relationship between Governor and Council of Ministers:
 The Council of Ministers is headed by the Chief Minister,
who is appointed by the Governor.
 The Chief Minister and other ministers in the Council of
Ministers are collectively responsible to the State Legislative
Assembly.
 The Governor, as the constitutional head of the state, acts on
the advice of the Council of Ministers. The day-to-day
administration is carried out by the Council of Ministers.
2. Advocate General for the State (Appointment and Functions):
 Appointment: The Advocate General for the State is
appointed by the Governor.
  Qualifications: The Advocate General should be qualified to
be appointed as a judge of the High Court.
 Functions:
 Legal Advisor: The Advocate General serves as the
chief legal advisor to the state government.
 Representation in Courts: The Advocate General
represents the state government in legal matters and
provides legal advice to the government on legal
issues.
 Attendance in Legislative Proceedings: The Advocate
General has the right to attend and take part in the
proceedings of the State Legislative Assembly or any of
its committees, but without the right to vote.
The relationship between the Governor and the Council of Ministers is
based on the principles of parliamentary democracy. The Governor, as
the constitutional head, performs ceremonial duties and acts on the
advice of the Council of Ministers. The real executive authority is vested
in the Chief Minister and the Council of Ministers. The Advocate
General serves as a crucial legal advisor to the state government,
playing a role in legal proceedings and providing legal guidance on
various matters.

Union legislature:
The Union Legislature in India is the supreme legislative body at the
national level, responsible for making laws for the entire country. It is
a bicameral legislature, consisting of two houses: the Lok Sabha
(House of the People) and the Rajya Sabha (Council of States). The
legislative powers are vested in the Parliament of India. Let's explore
the key features and functions of the Union Legislature:
1. Lok Sabha (House of the People):
 The Lok Sabha is the lower house of Parliament.
 Members of the Lok Sabha are directly elected by the
people of India through general elections.
 The Lok Sabha is the primary legislative body responsible
for making laws on various subjects.
2. Rajya Sabha (Council of States):
 The Rajya Sabha is the upper house of Parliament.
 Members of the Rajya Sabha are not directly elected by the
people but are elected by the elected members of the State
Legislative Assemblies, members of the Electoral College
for Union Territories, and members of the Electoral College
for graduates and teachers.
 The Rajya Sabha represents the interests of states and
serves as a revising chamber for legislation.
3. Functions and Powers of Parliament:
 Legislation: The primary function of Parliament is to enact
laws on subjects enumerated in the Union List, Concurrent
List, and Residuary List of the Constitution.
 Representation: Parliament represents the people of India
and the states.
 Financial Powers: Parliament has the power to approve
budgets, taxation, and financial matters.
  Approval of Policies: Parliament discusses and approves
major policies of the government.
 Oversight and Accountability: Parliament exercises
oversight over the executive through Question Hour,
debates, and parliamentary committees.
4. President's Role in Parliament:
 The President of India is an integral part of the Parliament
and is considered an essential component for the
functioning of the legislative process.
 The President's address to a joint sitting of both houses
marks the beginning of a new parliamentary session,
outlining the government's policies and programs.
5. Sessions and Sittings:
 Parliament is convened for sessions, and each session is
divided into sittings.
 The President summons and prorogues sessions, and the
normal life of a session is one year.
6. Parliamentary Committees:
 Various parliamentary committees are constituted to
examine and report on various matters related to
legislation, administration, and policy implementation.
7. Joint Sitting:
 In case of a disagreement between the two houses over a
non-money bill, the President may call a joint sitting to
resolve the deadlock.
The Union Legislature plays a crucial role in India's democratic system,
enacting laws, overseeing the government's functioning, and
representing the diverse interests of the country. The bicameral
structure provides for a system of checks and balances, contributing to
a robust parliamentary democracy.

The Parliament
Composition of Parliament
Officers of Parliament
Conduct of Business
Disqualification of Members
Powers, Privileges and Immunities of Parliament and its Members
Legislative Procedure
Procedure in Financial Matters and Procedure Generally Anti-Defection
Law
The Parliament:
1. Composition of Parliament:
 The Parliament of India is bicameral, consisting of two
houses: the Lok Sabha (House of the People) and the Rajya
Sabha (Council of States).
 The Lok Sabha is directly elected by the people, and its
members are known as Members of Parliament (MPs).
 The Rajya Sabha members are indirectly elected by the
elected members of State Legislative Assemblies and by
members of the Electoral College for Union Territories.
2. Officers of Parliament:
 The presiding officer of the Lok Sabha is the Speaker.
 The Rajya Sabha is presided over by the Vice President, who
is the ex-officio Chairman of the Rajya Sabha.
 The Deputy Speaker assists the Speaker in the Lok Sabha,
and the Deputy Chairman performs a similar role in the
Rajya Sabha.
3. Conduct of Business:
 Parliament follows the rules of procedure to conduct its
business.
 Proceedings are governed by the parliamentary rules,
customs, and conventions.
 Parliamentary sessions are opened by the President, and
each session begins with an address by the President
outlining the government's policies.
4. Disqualification of Members:
 The Constitution and relevant laws specify grounds for the
disqualification of members, such as holding an office of
profit, defection, bankruptcy, and unsoundness of mind.
 The presiding officers have the authority to decide on
disqualification matters.
5. Powers, Privileges, and Immunities of Parliament and its
Members:
 Parliament and its members enjoy certain powers, privileges,
and immunities to ensure the free and independent
functioning of the legislature.
  Freedom of speech, freedom from arrest in civil cases during
the session, and immunity from legal proceedings for
speeches and votes in Parliament are examples of such
privileges.
6. Legislative Procedure:
 Legislation can be introduced in either house, except for
Money Bills, which must be introduced in the Lok Sabha.
 The legislative process involves three readings of the bill,
along with committee scrutiny and possible amendments.
7. Procedure in Financial Matters and Procedure Generally:
 Money Bills deal with matters related to taxation,
expenditure, or loans.
 Financial matters require the President's recommendation.
8. Anti-Defection Law:
 The Tenth Schedule of the Constitution contains provisions
related to the Anti-Defection Law.
 Members defecting from their political party after their
election can be disqualified.
 The presiding officers have the authority to make decisions
on defection cases.
The functioning of Parliament is guided by the Constitution,
parliamentary rules, conventions, and precedents. The separation of
powers and the system of checks and balances contribute to the
effective working of the Indian Parliament in its role as the supreme
legislative authority.
State Legislature:
General
Composition of the State Legislature
Conduct of Business
Disqualification of Members
Legislative Procedure
Procedure in Financial Matters and Procedure Generally

State Legislature: General Overview:

The State Legislature in India is the legislative body at the state level,
responsible for making laws for the respective state or union territory.
Each state in India has its own legislature, and the structure and
functions are broadly similar to the Parliament at the national level.
Here is an overview of the State Legislature:

Composition of the State Legislature:

Like the Union Parliament, the State Legislature is bicameral in some

states and unicameral in others.
In states with two houses, the Legislative Assembly (Vidhan Sabha) is
the lower house, and the Legislative Council (Vidhan Parishad) is the
upper house.
Members of the Legislative Assembly (MLAs) are directly elected by the
people, while members of the Legislative Council (MLCs) are elected by
various constituencies, including graduates, teachers, and local
authorities.
Conduct of Business:

Similar to the Parliament, the State Legislature conducts its business

based on rules of procedure, conventions, and parliamentary norms.
The sessions are opened by the Governor with an address outlining the
government's policies.
Each house of the legislature has a presiding officer - the Speaker in the
Legislative Assembly and the Chairman in the Legislative Council.
Disqualification of Members:

The Constitution and relevant laws specify grounds for the

disqualification of members, such as holding an office of profit,
defection, bankruptcy, and unsoundness of mind.
The presiding officers have the authority to decide on disqualification
matters.
Legislative Procedure:

Legislation can be introduced in either house, except for Money Bills,

which must be introduced in the Legislative Assembly.
The legislative process involves three readings of the bill, along with
committee scrutiny and possible amendments.
In bicameral states, bills need to be passed by both houses.
Procedure in Financial Matters and Procedure Generally:
The state legislature deals with financial matters, including budgetary
provisions and taxation.
The annual budget is presented by the finance minister, and it requires
approval by the legislature.
Financial matters and Money Bills require the Governor's
recommendation.
The procedures and functioning of the State Legislature are guided by
the Constitution of India, relevant laws, and parliamentary conventions.
The State Legislature plays a crucial role in making laws and overseeing
the government's functioning at the state level, contributing to the
federal structure of the Indian political system.