Union Government & Administration - UPSC PDF Download

The President

The image below depicts the Republic Day Parade, an annual celebration held on January 26th in India. This event commemorates India's status as a republic, which means that its Head of State, the President, is chosen through democratic elections. This is in contrast to countries like Great Britain, where the Head of State is a hereditary monarch, either a King or a Queen.
Republic Day Parade

Process of Election of the President

• The President is indirectly elected by an Electoral College which consists of the elected members of both the Houses of Parliament as well as of State Legislative Assemblies. Moreover, the elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry (earlier known as Pondicherry) also participate in this election. 
• The voting is by secret ballot. She/he is elected according to the system of proportional representation by means of the single transferable vote.
  
  Process of Election of the President

Qualifications for election as President

In order to be qualified for election as President, a person must:

• be a citizen of India; 
• have completed the age of 35 years; 
• be qualified for being elected as a member of the House of the People (Lok Sabha); and 
• not hold any office of profit under the government of India, any State government or under any local authority or any other authority of the said government.

Term of Office

• The President is elected for a term of five years, but even after the expiry of the term, he/she may continue to hold office until his/her successor enters the office. There is a provision for the re-election of a person who is holding or who has held the office as President. A vacancy in the office of the President may be caused in any of the following ways:
  • in the event of his/her death; 
  • if he/she resigns; 
  • if he/she is removed from office by impeachment. Impeachment ( a resolution to remove the President for his/her unconstitutional act need) to be adopted by a special majority of votes in both the Houses of Parliament.
• As provided in the Constitution, in the event of the occurrence of any vacancy in the office of the President, the Vice President acts as President until the date on which a new President is elected and enters upon his/her office. But the Vice-President can act as the President for not more than six months.
• The emoluments, allowances and privileges of the President are determined by a law passed by the Parliament. The President used to get a monthly pay of Rs. 10,000 as per the Constitution. It was raised to Rs. 50,000 in 1998 and again to Rs. 1,50,000 in 2008.As of now the monthly of The President is Rs. 5,00,000.
• He/She also has other perks and allowances and lives in an official residence popularly known as Rashtrapati Bhawan in New Delhi.

Rashtrapati Bhavan

Powers of the President

As the Head of State in India, the President holds the highest public office in the country and is responsible for a wide range of powers. These powers can be broadly categorized into executive, legislative, financial, and judicial powers.

• In terms of executive powers, the President is responsible for appointing the Prime Minister, who is the leader of the majority party or coalition in the Lok Sabha (lower house). The President also appoints other members of the Council of Ministers based on the Prime Minister's recommendations. Additionally, the President is responsible for appointing governors in states, the Attorney General of India, the Comptroller and Auditor General of India, ambassadors and high commissioners, and administrators of Union Territories. The President also holds the title of Supreme Commander of the Armed Forces and appoints the Chiefs of the Army, Air Force, and Navy. Furthermore, the President has the authority to remove certain officials from their positions.
• Regarding legislative powers, the President is an essential part of the Parliament and exercises various legislative functions. The President addresses the Parliament annually at the beginning of the first session and after each general election to the Lok Sabha. The President also has the authority to summon and prorogue sessions of Parliament, dissolve the Lok Sabha, and provide assent to bills before they become laws. In cases where the Lok Sabha and Rajya Sabha (upper house) cannot agree on a bill, the President can call a joint session to resolve the issue. Additionally, the President can issue ordinances when Parliament is not in session at the request of the Prime Minister.
• Financial powers of the President include providing approval for money bills to be introduced in the Lok Sabha and giving consent to the annual budget, which details the income and expenditure of the Indian government, before it is presented in the Lok Sabha.
• In terms of judicial powers, the President has the authority to grant pardons or reduce the sentences of individuals convicted of offenses. This power applies to sentences imposed by both civilian courts and military courts.

In summary, the President of India holds a wide range of powers, from appointing key government officials and managing legislative matters to overseeing financial decisions and exercising judicial authority. As the highest public office in the country, the President plays a crucial role in the administration and governance of India.

The President and Emergency Provisions

• The President of India has significant powers during both normal and abnormal situations. These emergency powers are provided by the Constitution to address three extraordinary or abnormal situations that may arise in the country.
• Firstly, the President can issue a 'proclamation of emergency' in case of war, external aggression, or armed rebellion. This proclamation is made only when the Union Cabinet communicates its decision to the President in writing. The proclamation must be approved by both Houses of Parliament within a month; otherwise, it automatically ceases to operate. During this period, the Union government can direct State governments regarding their executive powers, and the Parliament may assume legislative powers of State legislatures. The President may also suspend the enforcement of fundamental rights.
• Secondly, the President can proclaim a state of emergency when the constitutional machinery of any State breaks down, which is known as President's Rule. This proclamation must also be approved by both Houses of Parliament within two months; otherwise, it ceases to operate. Once approved, it can continue for a maximum of three years. During this time, the State Assembly may be dissolved or suspended, and the Governor of the State performs executive functions on behalf of the President. The Parliament assumes legislative powers for that specific State.
• Lastly, a 'financial emergency' can be declared when the financial stability or credit of India or any part of the country is threatened. This proclamation must also be approved by Parliament within two months and can continue indefinitely until revoked. During a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and the High Courts. However, a financial emergency has not been proclaimed in India so far.

In summary, the President of India holds emergency powers to address three specific abnormal situations: war, external aggression, or armed rebellion; the breakdown of the constitutional machinery of a State; and a threat to the financial stability or credit of the country. These powers allow the President to take necessary actions to ensure the country's security and stability during such crises.

Position of the President

• The President's role in the functioning of the Union government, as outlined in the Indian Constitution, is often a topic of discussion in Parliament, newspapers, and television. While the Constitution grants the President all executive powers, along with extensive emergency powers, it does not necessarily mean that the President is all-powerful.
• In fact, the President serves as a nominal executive, or a constitutional Head of State. Although the government operates under the President's name, they must exercise their powers based on the guidance and recommendations of the Council of Ministers, led by the Prime Minister. This advice is not merely a suggestion, but is binding on the President.
• This arrangement highlights that the real decision-makers in the government are the Prime Minister and the Council of Ministers. They are responsible for making all important decisions, and the President has the right to be informed of these decisions. Moreover, the emergency powers granted to the President do not provide them with any actual authority beyond their constitutional role.

“Under the Constitution of India the President occupies the same position as the King/Queen under the British Constitution. He is head of the state but not the executive. He represents the nation but does not rule the nation. He is the symbol of the nation. His place in the administration is that of a ceremonial head on whose seal the nation’s decisions are made known.” — Dr. B. R. Ambedkar (in the Constituent Assembly)

• In the light of the above statement, some constitutional experts believe that the President can be compared with a ‘rubber stamp’. But this conclusion is also not true. The President has been given the task of preserving, protecting and defending the Constitution. He/She is the custodian of the democratic process as enshrined in the Constitution. 
• In uncertain political situations, the President can play a decisive role in the formation of government. There have been some occasions when the President has asserted his/her position. However, in practice the President acts as a nominal or constitutional head. It has rightly been stated that in our constitutional system the President enjoys the highest honour, dignity and prestige but not the real authority.

The Prime Minister

• The first Prime Minister of India was Jawahar Lal Nehru, fondly known as Chacha Nehru. When he took up this crucial post, India had just gained independence from British rule. Nehru recognized the potential within India, stating that the country was not poor and possessed the resources and intelligence to advance rapidly. He emphasized the need for equality and providing equal opportunities to all, especially to the educationally, economically, and culturally disadvantaged groups.
• Even today, the Prime Minister is the most important functionary in the central government. Although the Constitution mentions all the powers as being held by the President, one provision changes the scenario. The Constitution states that there shall be a Council of Ministers with the Prime Minister at the helm to aid and advise the President, who shall act according to that advice. The Prime Minister is the actual head of the Union executive.
• The President appoints the Prime Minister, but they must invite the person who is the leader of the majority in the Lok Sabha. In the past, this person used to be the leader of a single political party with an absolute majority. However, with the emergence of coalitions, the Prime Minister may now be the leader of a group of multiple political parties.

In the current situation, the President invites the person who is the elected leader of the political party with the largest number of seats in the Lok Sabha and who receives the support of other political parties to secure the required majority. To be the Prime Minister, the person must also be a Member of Parliament. If they are not a Member at the time of appointment, they must obtain membership within six months from the start of their appointment as Prime Minister.

Functions of the Prime Minister

• It is interesting to note that the Constitution does not explicitly outline the powers of the Prime Minister, even though they are the most influential figure in the Union government. The Constitution only states that the President shall exercise their powers based on the advice of the Council of Ministers, led by the Prime Minister, and that this advice is binding.
• In practice, the Prime Minister is responsible for forming and dissolving the Council of Ministers. They recommend the appointment of members to the Council of Ministers and allocate their portfolios based on the President's approval. The Prime Minister also chairs Cabinet meetings and communicates the decisions made to the President.
• Acting as the link between the President and the Council of Ministers, the Prime Minister's resignation would result in the dissolution of the entire Council. If necessary, the Prime Minister may also advise the President to dissolve the Lok Sabha and call for fresh general elections.
• The Prime Minister is not only the leader of the majority party and Parliament but also the leader of the nation. Their office wields significant power, whereas the President's office is primarily focused on honor, respect, and dignity. The Prime Minister serves as the ex-officio Chairman of the Planning Commission and the National Development Council. As the head of the government, the Prime Minister represents the nation at international conferences.

Members of the Union Council of Ministers after Taking Oath (2009)

The Union Council of Ministers

• The Union Council of Ministers, as mentioned in the Constitution of India, consists of a team of ministers led by the Prime Minister to aid and advise the President in the exercise of his functions. The President appoints these ministers based on the Prime Minister's recommendations, and they can be classified into three categories: Cabinet Ministers, Ministers of State, and Deputy Ministers.
• These ministers hold office at the pleasure of the President and can only be removed if they have the majority support in the Lok Sabha, the lower house of the Indian Parliament. The Constitution states that the ministers are collectively responsible for the Lok Sabha, which means if a 'no-confidence motion' is passed, expressing a lack of trust in the Council of Ministers, the entire Council, including the Prime Minister, must resign.
• The functions of the Council of Ministers are similar to those of the Prime Minister, and their proceedings are kept confidential. The Council is composed of a large group of ministers, with the top category known as Cabinet Ministers, who usually number between 20 and 25, and oversee significant departments. Another group, called Ministers of State, either hold independent charges of ministries or are connected to Cabinet Ministers. Lastly, there are Deputy Ministers, who are attached to Cabinet Ministers or Ministers of State. While Cabinet meetings are generally attended only by Cabinet Ministers, Ministers of State may also be invited if necessary.

Position of the Prime Minister

• In the background of the above discussion, it is obvious that the Prime Minister occupies a key position in the Union government. He/She is the ‘principal spokesperson’ and defender of the policies of the government in the Parliament. 
• The Council of Ministers functions as his/her team. The nation looks to him/her for needed policies and programmes and required actions. All international agreements and treaties with other countries are concluded with the consent of the Prime Minister.
• He/She has a special status both in the government and in the Parliament. The Prime Minister chooses his team (Council of Ministers) very carefully and gets willing cooperation from them. However, it is true that in a coalition government the Prime Minister has to seek help from like-minded political parties. 
• The experience of the last ten to twelve years has shown that in such a scenario he/she has to be very vigilant and diplomatic. He/She has to take major decisions regarding defence and security of the country. He/She has to formulate policies not only for providing better living conditions but also to maintain peace, friendly relations with the neighbouring countries. It is because of the facts mentioned above that the Prime Minister is keystone of the cabinet arch.

The Union Parliament

• The image below depicts the Parliament House, which is the legislative branch of the Union government. This branch is known as the Parliament and is composed of the President and two Houses: the House of the People (Lok Sabha) and the Council of States (Rajya Sabha).
• Including the President as a part of the Parliament adheres to the principles and traditions of the parliamentary form of government. In the following sections, we will explore the composition, powers, and functions of both the Lok Sabha and the Rajya Sabha in greater detail.

Parliament House, India

Lok Sabha

The Lok Sabha, also known as the House of the People, is the lower house of the Indian Parliament. It is a representative body directly elected by the citizens of India. The maximum number of members for the Lok Sabha is 550, with 530 members elected from Indian states and 20 members elected from Union Territories. Additionally, the President can nominate two members from the Anglo-Indian community if there is no representation from that community. Elections take place across various territorial constituencies, known as Parliamentary Constituencies, which are based on population. The Lok Sabha has a term of five years, but it can be dissolved earlier by the President, and its term can be extended during emergencies. To be eligible for membership in the Lok Sabha, candidates must be Indian citizens, at least 25 years old, and not hold an office of profit under any government.

Rajya Sabha

• The Rajya Sabha, or Council of States, is the upper house of the Indian Parliament. Its membership is limited to 250 members, with 238 members representing states and Union Territories and 12 members nominated by the President for their achievements in literature, art, science, and social service. Members are elected by state legislative assemblies through a proportional representation system with a single transferable vote. Each state's number of members depends on its population. Unlike the Lok Sabha, the Rajya Sabha is a permanent house, not subject to dissolution. Members serve six-year terms, with one-third of the members retiring every two years to be replaced by new members. To qualify for Rajya Sabha membership, candidates must be Indian citizens and at least 30 years old, with other qualifications being the same as those for the Lok Sabha.
• The President is responsible for summoning the sessions of Parliament, ensuring no more than six months pass between two sessions. The President also has the authority to prorogue sessions. While the Lok Sabha can be dissolved by the President, the Rajya Sabha cannot be dissolved as it is a permanent body within the Indian Parliament.

Presiding Officers

• Lok Sabha is presided over by the Speaker and in his/her absence by the Deputy Speaker. Members of the Lok Sabha elect the Speaker and the Deputy Speaker from among themselves. He/She maintains order and discipline in the lower house as well as supervises its proceedings. He/She decides who will speak and for how long. 
• He/She normally does not cast his/her vote but can vote in case of a tie. The Speaker decides whether a bill is an ordinary or a money bill and his/her decision is final. Besides, he/she is the custodian of the rights and privileges of the members. In case of a joint sitting of the Lok Sabha and the Rajya Sabha, the Speaker of the Lok Sabha, presides over such meetings.

Session of Lok Sabha

• Rajya Sabha is presided over by the Vice President of India who is its ex-officio Chairman. The Chairman (Vice-President) is not a member of the Rajya Sabha. He/ She is elected by an electoral college consisting of the members of both the Houses of Parliament. During his/her absence, the House is presided over by the Deputy Chairman. Like the Speaker of Lok Sabha, the Chairman of the Rajya Sabha also does not normally vote but in case of a tie, he/she may exercise the casting of vote.

Functions of Parliament

The Parliament is the supreme legislative body. It performs functions that may be categorized as follows:

• Legislative Functions: Parliament is a law making body. It legislates on the subjects mentioned in the Union List and the Concurrent List by the Constitution. If there is a clash between the Union government and the State government regarding any concurrent subject, the central law will prevail. Besides, if there is any subject not mentioned in any list, known as residuary subjects, it comes under the jurisdiction of the Parliament. An ordinary bill can be introduced in any of the two houses. If a bill is passed by the Lok Sabha, it is sent to Rajya Sabha which may pass the same or may suggest amendments in the bill. If the disagreement between the two Houses continues, it has to be resolved in a joint sitting of the two Houses. In the joint sitting, Lok Sabha has an upper hand with 550 members over the Rajya Sabha which has only a maximum of 250 members. Till date there have been only three ‘joint sittings’ of both the Houses. Once the bill is passed by both the Houses, it is sent to the President for his/ her assent and with his/her assent it becomes a law or an act. 
• Executive Functions: In a parliamentary system, there is a close relationship between the legislature and the executive. As discussed above, the real executive i.e. the Council of Ministers is collectively responsible to the Lok Sabha which can dislodge a ministry by passing a no confidence motion against it. In 1999 Atal Bihari Vjpayee’s government lost the confidence motion in the Lok Sabha and it resigned.
• However, both the Houses of Parliament maintain their control over the Council of Ministers through several other ways such as:
  • By asking questions and supplementary questions: The first hour of every working day of Parliament relates to Question Hour in which the Ministers have to answer the questions raised by the members. 
  • By discussing and passing motions: Calling Attention Motion, Adjournment Motion or Censure Motion can be moved and policies of the government can be debated and criticized.
  • By expressing lack of confidence: The Lok Sabha can express its lack of confidence in the executive by disapproving the budget or money bill or even an ordinary bill.
• Financial Functions: The Parliament of India has been entrusted with the performance of important financial functions. It is the custodian of the public money. It controls the entire purse of the Union government. It sanctions, from time to time, money to the government to enable it to run the administration effectively and successfully. The Parliament may pass, reduce or reject the demands for grants presented to it by the government. No taxes can be collected and no expenditure can be made without the approval of the Parliament. There are, however, certain limitations on the Rajya Sabha. These are: (a) a money bill cannot be introduced in the Rajya Sabha. It has no power either to reject or amend a money bill. It can only make recommendations on the money bill. If the Rajya Sabha along with its recommendations (if any) does not return it to Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses. As regards the Annual Budget (Annual Financial Statement), it is presented in the Lok Sabha and the Rajya Sabha may only discuss it but can not stop it from becoming law. 
• Judicial Functions: The Parliament is empowered to prescribe the number of Judges of the Supreme Court by law. It is also authorized to establish a common High Court for two or more States as well as to constitute a High Court even for a Union Territory. A Chief Justice or Judge of the Supreme Court or of any High Court can be removed from his/her office by the President only after an impeachment process by both the Houses of Parliament. 
• Miscellaneous Functions: The Parliament has the power to remove the President and the Vice President by a special majority of votes. This process is called as Impeachment. It has the power to amend the Constitution. Certain parts of the Constitution can be amended by a simple majority and certain others require two-thirds majority. Some other parts of the Constitution can be amended with special majority of the Parliament and the approval of the Legislatures of half of the States.

Comparative Position of Both the Houses of Parliament
In a parliamentary system, the lower house typically holds more power and influence. In India, this is true for the Lok Sabha, which is more powerful and effective than the Rajya Sabha. To understand their comparative positions, the following points can be considered:

• he Lok Sabha is directly elected and represents the people of India, while the Rajya Sabha is indirectly elected. Additionally, the Rajya Sabha is a permanent body, whereas the Lok Sabha has a fixed term of five years, which can be extended or dissolved earlier if necessary.
• Both houses have equal powers when it comes to ordinary bills. However, if disagreements persist and a joint session is called, the Lok Sabha has the advantage due to its larger membership compared to the Rajya Sabha.
• The Lok Sabha is more effective in controlling the Council of Ministers, as it has the power to pass a no-confidence motion, which results in the resignation of the Council. The Rajya Sabha can debate policies and criticize the government, but it does not have the power to pass a no-confidence motion.
• Both the Lok Sabha and Rajya Sabha hold similar powers regarding constitutional amendments, presidential and vice-presidential elections, and the impeachment or removal of the President, Vice President, Chief Justice, and judges of the Supreme Court and High Courts.
• In financial matters, the Lok Sabha has the upper hand. However, the Rajya Sabha has exclusive powers to create a new All India Service and declare a subject in the State List to be of national importance.

Considering these points, the Lok Sabha is undoubtedly more powerful than the Rajya Sabha. However, it would be unfair to label the Rajya Sabha as merely a secondary chamber. It plays a crucial role and has specific functions that only it can perform.

Impact of Union Government on Citizens and their Daily Life

• The Union government is responsible for creating and implementing a wide range of national programs and schemes that significantly impact our quality of life. These initiatives cover various areas, including education and childcare.
• For instance, the Integrated Child Development Scheme (ICDS) offers anganwadis, which are centers focused on child nutrition and care. The Sarva Shiksha Abhiyan (SSA) aims to make elementary education accessible to all, while the Rashtriya Madhyamik Shiksha Abhiyan (RMSA) focuses on making secondary education universally available.
• In addition to these educational programs, the Union government also implements other initiatives, such as the National Rural Health Mission to improve healthcare in rural areas, the Total Sanitation Campaign to promote cleanliness and hygiene, and the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) to provide job opportunities in rural areas. The Indira Awas Yojana is another scheme that aims to provide housing for the rural poor.
• Overall, these national programs and schemes play a crucial role in enhancing the quality of life for citizens by addressing various aspects of healthcare, education, employment, and housing.

Conclusion

In conclusion, the Indian government is divided into three main branches: the President, who is the Head of State, the Prime Minister, who is the leader of the majority party in the Lok Sabha and the head of the Union executive, and the Union Parliament, which consists of two houses, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Each branch has its own set of powers, responsibilities, and roles in governing the country. The President acts as a ceremonial figurehead, while the Prime Minister and the Council of Ministers make decisions and govern the nation. The Parliament is responsible for creating and passing laws, with the Lok Sabha focusing on directly representing the people and the Rajya Sabha representing the states and union territories. Together, these branches work to ensure a functioning democratic process and maintain the balance of power within the Indian government.

Frequently Asked Questions (FAQs) of Union Government & Administration

Why is India called a Republic, and how is the President of India elected?

India is called a Republic because its Head of the State, the President of India, is elected. The President is indirectly elected by an Electoral College, which consists of the elected members of both the Houses of Parliament as well as of State Legislative Assemblies. The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry also participate in this election.

What are the three categories of Ministers in the Council of Ministers?

The Council of Ministers has three categories: Cabinet Ministers, Ministers of State, and Deputy Ministers. Cabinet Ministers hold the charge of important departments, Ministers of State either hold independent charges of ministries or are attached to Cabinet Ministers, and Deputy Ministers are attached to Cabinet Ministers or Ministers of State.

What is the composition of the Lok Sabha and Rajya Sabha, and how are their members elected?

The Lok Sabha, or the House of the People, has a maximum of 550 members, with 530 elected from States and 20 from Union Territories. The Rajya Sabha, or the Council of States, has a maximum of 250 members, with 238 representing States and Union Territories and 12 nominated by the President. Lok Sabha members are directly elected by the people of India, while Rajya Sabha members are elected by the State Legislative Assemblies.

What are the qualifications required to become a member of the Lok Sabha or the Rajya Sabha?

To be a member of the Lok Sabha, a person must be a citizen of India, at least 25 years old, and not hold an office of profit under the central, state, or local governments. For the Rajya Sabha, a person must be a citizen of India and at least 30 years old. Other qualifications for both houses are the same.

What are the main functions of the Parliament of India?

The main functions of the Parliament of India include making laws, representing the will of the people, controlling the executive, providing a forum for debate and discussion, holding the government accountable, and acting as the custodian of the Constitution. Parliament is also responsible for approving the annual budget, passing important bills, and amending the Constitution when necessary.