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Introduction

In a unitary state, the central government holds the highest authority and control over the entire country. It comes in different forms and has a wide range of responsibilities. These include safeguarding national security, handling foreign relations, and having the exclusive right to enter into legally binding agreements with other nations. Unlike local governments, the central government possesses the ability to enact laws that apply to the entire nation.

The Central Government of India

  • The official name of the government of India is the Union Government, also known as the Central Government. It was established in 1950 by the Indian Constitution. The Republic of India comprises 29 states and seven union territories, all governed by the Central Government, which is headquartered in New Delhi, the capital city.
  • India's constitution lays down a federal framework, allowing both the federal government and state governments to function independently. However, in certain emergency situations or urgent needs for the national interest, the Central Government can make unanimous decisions that regulate or direct the actions of all levels of government.

The basic structure of the central government in India

As per the Constitution, the Central Government of India is organized into three branches, each with its distinct powers and functions to ensure the effective governance of the country.

  • Executive: This division includes the President, Vice President, and Cabinet Ministers. They hold executive authority and are responsible for implementing and executing the laws and policies of the nation.
  • Legislative: The legislative branch consists of the Parliament, which is further divided into two houses - Lok Sabha (House of the People) and Rajya Sabha (Council of States). This branch is responsible for making laws and regulations that govern the country.
  • Judiciary: The judicial branch is comprised of the Supreme Court of India, which is the highest court in the country. At the state level, there are High Courts, and at the district level, there are District Courts and Sessions Courts. The judiciary is responsible for interpreting the laws and ensuring their proper enforcement.

These three divisions work together to ensure the smooth functioning of the Central Government and the overall governance of India.

Roles and responsibilities of

The Executive

  • The executive branch of the Central Government is composed of the President, Vice President, Cabinet Ministers, and Independent Executive Agencies.
  • The President of the United States serves as the country's leader and is responsible for overseeing the functions of the executive branch.
  • The primary role of the executive branch is to execute and enforce legislation; it does not have the authority to create or interpret laws.
  • Instead, the executive branch is tasked with enforcing the laws that are passed by the legislature and interpreted by the courts.
  • Certain types of laws in the country may originate from the Central Government's executive branch.
  • The executive branch holds exclusive authority and responsibility for the day-to-day administration and operation of the state bureaucracy.

The Legislature

The legislative branch, also known as Parliament, plays a crucial role in India's governance. It consists of two houses, the Lok Sabha (House of People) and the Rajya Sabha (Council of States), with the President of India as its head.
This branch is responsible for creating laws and policies that apply to the entire country. While it enjoys parliamentary supremacy, it is not entirely sovereign and has some influence over the executive branch.
The main responsibilities of the legislative branch include:

  • Drafting primary legislation for the Central Government.
  • Empowering the President to issue ordinances.
  • Formulating regulations for Union Territories under the President's authority.
  • Framing election laws.
  • Deciding on bills to be introduced in Parliament.
  • Taking necessary measures in states under the President's rule.
  • Addressing certain matters such as personal law, contracts, and evidence.

However, the legislative branch's power is not absolute as its laws are subject to scrutiny by the Indian judiciary, including the Supreme Court.

The Judicial system

The highest judicial authority in India is the Supreme Court. The judiciary's main role is to uphold and enforce the country's laws and maintain law and order.
Its responsibilities include:

  • Interpreting laws and conducting judicial reviews to ensure they align with the constitution and delivering verdicts in accordance with the laws.
  • Ensuring equality of all individuals before the law.
  • Resolving conflicts between the Executive and Legislature and addressing other public-related matters or disputes.
  • Settling disputes between the Government of India and one or more states.
  • Resolving conflicts between two or more states.

Powers of the central government of India

  • The Central Government in India holds significant decision-making authority concerning national security matters (Articles 352 to 360).
  • State governments are required to exercise their executive power in compliance with laws established by the Central Government (Article 356).
  • No state government is allowed to obstruct the executive power of the Central government within its territories (Article 357).
  • The Central Government is vested with the power to declare war, raise and maintain the armed forces.
  • Regulation of trade and commerce between states and foreign trade falls under the jurisdiction of the Central Government.
  • The Central Government possesses special powers to address oppression and mismanagement in companies (under Sec. 408 of the Companies Act, 1956).
  • It has the authority to conduct diplomacy and authorize treaties with foreign nations.

In matters of protecting and enhancing the environment and controlling pollution, the Central Government has the power to implement necessary measures (e.g., 1986 Environment Protection Act).

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