Government of the Union

and State
The Union Executive
• The President
• The Vice President
• The Council of Ministers
• The Attorney General for India
• The Comptroller and Auditor General of India (CAG)
The President
The Present President of India
• Droupadi Murmu Preceded by Pranab
Mukherjee
Droupadi Murmu
Election of the President
• Article 54 of the Indian Constitution discusses the election of the
President.
• It says that the President shall be elected by the members of an
electoral college, which consists of the elected members of both the
Houses of Parliament, and the Legislative Assemblies of the States and
the two Union Territories, namely Delhi and Puducherry.
Eligibility
• Article 58 of the Indian Constitution says that the presidential
candidate must:
• Be a citizen of India.
• Have completed the age of thirty-five years.
• Be qualified for elections as a member of the Lok Sabha.
• Not hold any office of profit under the Union or any State
government, or any local or other authority.
 Term of office
• Article 56 of the Indian Constitution says that the President shall hold
office for a term of five years from the date he takes up his post.
• He / she may resign from his office by writing his resignation to the Vice-
President of India.
• But, he will continue to hold his office, in spite of tendering his
resignation, until his successor takes up his office.
• And, before his office gets vacated, an election should be held for the
same.
 Power and Duties of the
President
The President of India is vested with
• the Executive
• Legislative
• Emergency
• Diplomatic
• Judicial and
• Military powers
 Executive powers
• All the executive powers of the Union shall be vested in him / her.
• These powers should be exercised by him / her in accordance with the
Constitution of India.
• He / she appoints the Prime Minister and the Council of Ministers.
• He /she also appoints the judges of the Supreme Court and the High
Courts in the states, besides appointing the Attorney General and
Comptroller and auditor General of India.
 Legislative powers
• He / she can dissolve the Lok Sabha and end a session of the Parliament.
• He / she can also address the Parliament in its first session every year.
• He/ she can nominate 12 members to the Rajya Sabha. These members
must have extra ordinary accomplishments in the fields of science, art,
literature and social service.
• He / she can also nominate 2 members to the Lok Sabha from the Anglo-
Indian Community.
 Emergency powers
• He / she can declare national, state and financial emergency.
• National emergency can be declared on the grounds of war
• This can be done on the written request of the Cabinet Ministers after the
proclamation has been approved by the Parliament.
• State emergency can be imposed in a state if it fails to run constitutionally.
• Financial emergency can be proclaimed if there is a likelihood of the
financial instability in the country.
 Diplomatic, Military and Judicial powers
• He / she appoints ambassadors and high commissioners to other
countries.
• All international treaties are signed on his / her behalf.
• Under Military powers, he she can declare war and conclude peace.
• He /she appoints Chief of Army, Navy and Air Force.
• He /she can dismiss judges if two-third majority of the members present
of the two Houses of the Parliament pass the resolution to that effect.
 Salary
• The salary and allowances of the President are fixed by the Parliament of
India.
• The current salary of the President is Rs 150000 per month.
 Vacancy in the Office of President
A vacancy in the office of the President may caused in any of the following
ways
• (i) on the expiry of his term of five years
• (ii) by his death
• (iii) by his resignation
• (iv) on his removal by impeachment
The Prime Minister of
India
The Head of the Government
• The Prime Minister of India is the head of the executive branch of the
Government of India.
• His position is distinct from that of the President of India, who is the head
of the State.
• As India follows a parliamentary system of government, most of the
executive powers are exercised by the Prime Minister.
• He acts as an advisor to the President and is the leader of the Council of
Ministers.
• The President appoints the Prime Minister of India and on his advice,
appoints the Council of Ministers.
• The Prime Minister can be a member of either the Lok Sabha or the Rajya
Sabha.
Prime Ministers of India Since independence
in 1947
• India has had 15 different Prime Ministers till now. There have been
many outstanding leaders from different political parties who held
India’s top post. Some of them served a complete five-year term while
others governed the nation for more than five years.
• Narendra Modi is the present Prime Minister of India as leader of
single majority party gained in the last general election.
The Present Prime Minister of India
 Shri Narendra Damodardas Modi

• Born: September 17, 1950 (age 65), Vadnagar

• Spouse: Jashodaben Narendrabhai Modi (m. 1968)
• Parents: Heeraben Modi, Damodardas Mulchand Modi
• Narendra Damodardas Modi is the 15th and current Prime Minister of India, in
office since 26 May 2014. Modi, a leader of the Bharatiya Janata Party was the
Chief Minister of Gujarat from 2001 to 2014 and is the Member of Parliament
from Varanasi.
The official residence of the Indian Prime
Minister
• 7, Race Course Road, New Delhi.
• It is also his main workplace.
• The official name of the residence is “Panchavati”.
• It was built in the 1980s.
• The entire complex spreads over an area of 12 acres and comprises
five bungalows.
• When a person is appointed as the new Prime Minister, his
predecessor vacates the residence and the incumbent is advised to
move to his official residence at the earliest.
 Roles and Responsibilities of Prime Minister
The roles and responsibilities of the Prime Minister are as follows:
• Link between President and Council of Ministers:
• The Prime Minister is the leader of the Council of Ministers and serves as the channel of
communication between the President and the Council of Ministers.
• It is his duty to communicate to the President all the decisions taken by the Council of Ministers
and to provide information regarding administration of the Union or proposals for the legislature
as called for by the President.
Allocation of Portfolios:
• He allocates portfolios among the ministers and distributes work among various ministries and
offices.
• The Prime Minister coordinates work among various ministries and departments through the
Cabinet Secretariat.
Leader of the Cabinet
• The Prime Minister summons and presides over meetings of the cabinet and
determines what business shall be transacted in these meetings.
• Link between the Parliament and the Cabinet:
• The Prime Minister is also the link between the cabinet and the Parliament.
• He is the chief spokesperson of the government in the Parliament, along with the leader of
the party in majority in the Lok Sabha.
• It is his responsibility to announce important policy decisions.
• The Prime Minister can also intervene in debates of general importance in the Parliament to
clarify the government’s stand or policy.
Official Representative
• The Prime Minister represents India in various delegations, high-level
meetings and international organisations and also addresses the
nation on various occasions of national importance.
 Powers/Authorities of Prime Minister
The various powers and authorities enjoyed by the Prime Minister
are as follows:
• Head of the Government:
• The Prime Minister of India is the head of the Government.
• Though the President is the head of the State, most of the executive
decisions are taken by the Prime Minister.
• All the important decision-making bodies in India, like the Union Cabinet
and the Planning Commission, run under his supervision.
Leader of the Council of Ministers
• As far as the Prime Minister’s relation to the Council of Ministers is concerned, his
position is that of “First among Equals”.
• In the case of death or resignation of the Prime Minister, the entire Council of
Ministers has to resign.
• The ministers directly report to the Prime Minister.
• He can also remove a minister by asking for his resignation or having him
dismissed by the President.
• If any difference of opinion arises between the Prime Minister and any other
minister, the opinion of the Prime Minister prevails.
Leader of the Parliament
• The Prime Minister is the Leader of the House to
which he belongs.
• He can take part in debates in the House of which he
is not a member.
• He can also advise the President to dissolve the Lok
Sabha.
Representative of the Country
• In international affairs, he is the spokesperson of the
country.
• The Prime Minister plays a major role in directing
India’s foreign policy.
 Term and Retirement Age of Prime Minister
• Unlike the President, the Prime Minister does not have a fixed tenure.
• The full term of the Prime Minister is five years, which coincides with the
normal life of the Lok Sabha.
• However, the term can end sooner if he loses the vote of confidence in the
Lower House.
• So, it can be said that he remains in power as long as he enjoys the
confidence of the Lok Sabha.
• The Prime Minister can also resign by writing to the President.
• There are no term limits on the office of the Prime Minister.
• There is also no official retirement age.
Facilities
• Official House called “Panchavati”
• Personal staff Special Protection Group (SPG) who is responsible for
his security
• Prime Ministerial car
• Exclusive aircraft (Air India One)
 Eligibility Criteria to become Prime
Minister of India
• To be eligible for the position of the Prime Minister of India, a person should:
• Be a citizen of India.
• Be a member of either the Lok Sabha or the Rajya Sabha.
• Complete 25 years of age if he is a member of the Lok Sabha
• or 30 years if he is a member of the Rajya Sabha.

• A person cannot be the Prime Minister of India if he holds any office of profit under
the Government of India, the government of any state, or any local or other authority
subject to the control of any of the said governments.
 Salary of Prime Minister of India
• According to Article 75 of the Constitution of India, the salary of the Prime
Minister is decided by the Parliament and revised from time to time.
• As on 31 July 2012 the monthly pay and allowances of the Prime Minister of
India was
• Rs. 1,60,000 (US $2,600).
Pay and Allowance of the Prime Minister on 31 July 2012 (in rupees)
• Pay 50000
• Sumptuary Allowance 3000
• Daily Allowance 62,000 (@ 2,000 per day)
• Constituency Allowance 45000
• Gross1,60,000
 Pension
• Former Prime Ministers of India are provided with:
• Rent-free accommodation for lifetime. Medical facilities, 14 secretarial staff,
office expenses against actual expenditure, six domestic executive-class flight
tickets, and unlimited free train travels for first five years.
• SPG cover for one year.
• After five years: One personal assistant and peon, free air and train tickets and
Rs. 6,000 for office expenses.
 Facts about Indian Prime Ministers…

• Jawaharlal Nehru was the longest serving Indian Prime Minister, starting
from India's independence in 1947 to his death in 1964.
• Gulzari Lal Nanda served twice as the acting Prime Minister of India after
the death of Jawaharlal Nehru and Lal Bahadur Shastri.
• Indira Gandhi was named “Woman of the Millennium” in a poll organised
by the British Broadcasting Corporation (BBC) in 1999. Former Prime
Minister Indira Gandhi was the first woman to receive the Bharat Ratna.
She was also awarded Bangladesh’s highest civilian award “Bangladesh
Swadhinata Samman” in 2011.
• Morarji Desai was the first non-Congress Prime Minister of India. He was also the first
Prime Minister to resign without completing his full term. Morarji Desai is the only
Indian Prime Minister to be conferred upon the Nishaan-e-Pakistan (Pakistan’s
highest civilian award).
• Rajiv Gandhi was the youngest Indian Prime Minister; he assumed office at the age of
40. Rajiv Gandhi was the first Prime Minister of India to live in 7, Race Course.
• P.V. Narasimha Rao was the first Prime Minister from South India.
• H.D. Deve Gowda was the first Prime Minister of India who was a member of the
Rajya Sabha.
• Dr. Manmohan Singh was the longest-serving Prime Minister of India who was a
member of the Rajya Sabha (2004-2014).
The Council of Ministers
• Effective executive power rests with the Council of Ministers, headed
by the prime minister, who is chosen by the majority party or coalition
in the Lok Sabha and is formally appointed by the president.
• The Council of Ministers, also formally appointed by the president, is
selected by the prime minister.
• The most important group within the council is the cabinet.
The Council of Ministers

• Cabinet Ministers
• Ministers of State (Independent Charge)
• Ministers of State
 Functions of the Council of Ministers
• Though there is an elected President at the top of the Government
structure, the constitution in reality establishes a British cabinet type of
Government in India.
• Artivle 74(1) requires the President to have a Council of Ministers with the
Prime Minister at the head to “aid and advice” him in the exercise of his
power.
• To remove the impression that the advice given by the Council of Ministers
may not be binding on the President, the 42nd amendment of the
constitution has made the ministerial advice expressly binding on the
President.
 The Attorney General for India
PART V
CHAPTER I.-THE EXECUTIVE
76. Attorney-General for India.-

(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court
to be Attorney-General for India.

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such
legal matters, and to perform such other duties of a legal character, as may from time to time be
referred or assigned to him by the President, and to discharge the functions conferred on him by or
under this Constitution or any other law for the time being in force.

(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the
territory of India.

(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such
remuneration as the President may determine.
The Union Legislature
• The Parliament of India
–Lok Sabha (Lower House)
(the House of People)

–Rajya Sabha (Upper House)

(the Council of States)
 Parliament – An Introduction

• Meaning of the word ‘Parliament’ -- is a

word derived from the French expression
parlement which means ‘speaking’, and Latin
word ‘parliamentum’ which means ‘talking. It
has come to mean ‘meeting for discussion’.
• Different Names of Legislature: In India
Parliament is known as Sansad. Other nations
have their own names viz. Diet in Japan,
Congress in US, Knesset in Israel.
 Basic Characteristics of
Parliament
India has borrowed this nomenclature from England and has adopted what
is called as ‘Westminster model of parliamentary system’ but Indian Sansad
has its unique set of characteristics such as
1.Union Parliament is non-sovereign
2.Representation to both the Houses is given on the basis of population
3.Provision of joint sitting of both the Houses
4.Provision of nomination in both the Houses
 Lok Sabha
• Total members – 545 (530 from different states + 13 from UTs + 2 Anglo-Indians)
• Method of Election: Directly by the people on the basis of universal adult franchise and territorial
constituencies
• Basic qualifications of the members:

1. Must be a citizen of India;

2. Must be not less than 25 years of age;
3. Should not hold any Office of Profit;
4. Should neither be insane, nor bankrupt, and
5. Should possess all those qualification prescribed by the Parliament from time to time.

• Tenure: 5 years
• Number of Sessions: Two Mandatory Sessions
• Quorum: 1/10 th
• Presiding Officer: Speaker, elected by the members
 Rajya Sabha
• Total members – 250 (238 elected + 12 nominated by the President from amongst
scientists, artists, scholars, social workers etc.)
• Method of Election: Members are elected by the members of State Legislative
Assemblies through open ballot by single transferable vote of proportional
representation system
• Tenure: Permanent House but members of Rajya Sabha have 6 years terms and 1/3rd
of its member retire every second year
• Qualifications: Not less than 30 years of Age, other qualifications remain as those
required for Lok Sabha.
• Presiding Officer: Vice President is ex-officio Chairman of Rajya Sabha
• Quorum: 1/10th