LibraryPowers: Executive, legislative, financial, judicial, emergency

Powers: Executive, legislative, financial, judicial, emergency

Learn about Powers: Executive, legislative, financial, judicial, emergency as part of UPSC Polity and Constitution Mastery

Powers of the Union Government: Executive, Legislature, Financial, Judicial, and Emergency

Understanding the distinct yet interconnected powers of the Union Government's executive, legislative, and judicial branches, along with its financial and emergency provisions, is crucial for mastering UPSC Polity and Constitution. This module breaks down these powers to provide a clear and comprehensive overview.

Executive Powers

The executive branch, headed by the President, is responsible for the implementation of laws and the day-to-day administration of the government. Its powers are extensive and cover a wide range of functions.

The President is the nominal head, but real executive power rests with the Council of Ministers.

The President exercises executive powers either directly or through subordinate officers. This includes appointing the Prime Minister and other ministers, appointing key officials like the Attorney General and Comptroller and Auditor General, and conducting foreign policy.

The President of India is the executive head of the Union. However, according to Article 74 of the Constitution, the President shall act in accordance with the advice tendered by the Council of Ministers with the Prime Minister at its head. The President's executive powers include:

  • Appointment of the Prime Minister and other Ministers: The President appoints the Prime Minister and, on the advice of the Prime Minister, appoints other ministers.
  • Appointment of Key Officials: This includes the Attorney General of India, Comptroller and Auditor General of India, Judges of the Supreme Court and High Courts, Governors of States, Chief Election Commissioner and other Election Commissioners, Chairman and members of UPSC, etc.
  • Administration of Union Territories: The President administers Union Territories either directly or through an administrator appointed by him.
  • Control over Certain Areas: The President can declare any area as a scheduled area or tribal area and has powers concerning their administration.
  • Foreign Affairs: All treaties and international agreements are made in the President's name. The President represents India in international forums and relations.
Who is the constitutional head of the executive branch of the Union Government?

The President of India.

On whose advice does the President exercise most of his executive powers?

The Council of Ministers headed by the Prime Minister.

Legislative Powers

The legislative powers of the Union Government are vested in the Parliament, which consists of the President, the Lok Sabha, and the Rajya Sabha. These powers are primarily concerned with law-making.

Parliament is the supreme law-making body of the Union Government.

Parliament has the power to make laws for the entire country or any part thereof on matters enumerated in the Union List and the Concurrent List. The President also plays a role in the legislative process.

The legislative powers of the Union are exercised by the Parliament. Key aspects include:

  • Law-making: Parliament can make laws on any subject mentioned in the Union List (List I of the Seventh Schedule). It can also legislate on subjects in the Concurrent List (List III), but in case of conflict, Union law prevails over State law.
  • President's Role in Legislation: The President summons and prorogues Parliament, dissolves the Lok Sabha, assents to bills, and can promulgate Ordinances when Parliament is not in session.
  • Powers related to Bills: Parliament can introduce and pass bills, including financial bills and constitutional amendment bills.
  • Control over Executive: Parliament exercises control over the executive through questions, debates, adjournment motions, no-confidence motions, etc.
  • Powers related to Union Territories: Parliament can create new states, alter the boundaries of existing states, and legislate for Union Territories.
Which two houses constitute the Parliament of India?

Lok Sabha and Rajya Sabha.

What is the President's role in the legislative process concerning bills?

The President gives assent to bills passed by Parliament.

Financial Powers

The Union Government has significant financial powers, primarily related to taxation, expenditure, and borrowing, all of which are subject to parliamentary control.

Parliament controls the purse strings of the nation.

The Union Government can levy taxes, appropriate funds for government expenditure, and borrow money, but all these actions require parliamentary approval through the budget process.

The financial powers of the Union Government are crucial for its functioning:

  • Taxation: Parliament has the exclusive power to levy taxes on subjects in the Union List. This includes income tax (other than agricultural income), customs duties, excise duties, corporate taxes, etc.
  • Budget: The Union Budget, which contains the government's estimates of revenue and expenditure for the financial year, must be presented to and approved by Parliament.
  • Appropriation Bill: No money can be withdrawn from the Consolidated Fund of India except under appropriation made by law passed by Parliament.
  • Contingency Fund: The President can make advances out of the Contingency Fund of India to meet unforeseen expenditure, subject to subsequent parliamentary approval.
  • Borrowing: The Union Government can borrow money on the security of the Consolidated Fund of India, both within and outside India, subject to limitations imposed by Parliament.
What is the primary document for the government's financial plan presented to Parliament?

The Union Budget.

From which fund can money be withdrawn only after parliamentary approval?

The Consolidated Fund of India.

Judicial Powers

While the judiciary is an independent branch, the Union Government, particularly the President, exercises certain judicial functions and has powers related to the appointment and removal of judges.

The President has limited judicial powers, primarily related to pardons and appointments.

The President can grant pardons, reprieves, respites, or remissions of punishment, and can commute sentences. The President also appoints judges of the Supreme Court and High Courts.

The judicial powers of the Union Government are primarily vested in the Supreme Court, but the President has specific roles:

  • Pardoning Power: Article 72 of the Constitution empowers the President to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offence against a Union law, or in all cases where the sentence is a sentence of death, or in cases of sentences of military courts.
  • Appointment of Judges: The President appoints the Chief Justice of India and other judges of the Supreme Court, as well as Chief Justices and other judges of High Courts, in consultation with the Chief Justice of India.
  • Removal of Judges: Judges of the Supreme Court and High Courts can be removed by the President on an address from both Houses of Parliament, passed by a special majority, on the grounds of proved misbehaviour or incapacity.
What is the constitutional article that grants the President the power to pardon?

Article 72.

Under what conditions can a Supreme Court judge be removed by the President?

On an address from both Houses of Parliament for proved misbehaviour or incapacity.

Emergency Powers

The Constitution empowers the President to proclaim different types of emergencies, granting extraordinary powers to the Union Government to deal with national crises.

India's Constitution provides for three types of emergencies:

  1. National Emergency (Article 352): Proclaimed when the security of India is threatened by war, external aggression, or armed rebellion. During this period, the Union Government can direct states on how to exercise their executive powers, and Parliament can make laws on any subject in the State List.
  2. State Emergency/President's Rule (Article 356): Proclaimed when a state government cannot be carried on in accordance with the Constitution. The President can assume to himself all or any of the functions of the state government and can suspend or dissolve the state legislature.
  3. Financial Emergency (Article 360): Proclaimed when the financial stability or credit of India or any part thereof is threatened. The President can direct states to observe canons of financial propriety and can reduce salaries and allowances of government employees, including judges.
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Which article deals with the proclamation of National Emergency?

Article 352.

What is the primary condition for proclaiming a State Emergency (President's Rule)?

When a state government cannot be carried on in accordance with the Constitution.

Under which article can the President proclaim a Financial Emergency?

Article 360.

Interplay and Checks & Balances

While these powers are distinct, they are also subject to checks and balances. The legislature controls the executive's financial and administrative actions, the judiciary reviews the legality of executive and legislative actions, and the President's powers are largely exercised on the advice of the Council of Ministers. This intricate system ensures a balance of power within the Union Government.

Learning Resources

The Constitution of India - Bare Act(documentation)

Access the official, authoritative text of the Indian Constitution to understand the foundational legal basis for all governmental powers.

President of India - Powers and Functions(documentation)

Explore the official website of the President of India to understand the constitutional roles and powers of the Head of State.

Parliament of India - Overview(documentation)

Learn about the structure, functions, and legislative powers of the Indian Parliament from its official portal.

Lok Sabha Secretariat - Legislative Procedure(documentation)

Understand the detailed process of how laws are made in India, from bill introduction to presidential assent.

Union Budget - Ministry of Finance(documentation)

Access the latest Union Budgets and related documents to grasp the government's financial planning and parliamentary control over finances.

Supreme Court of India - Jurisdiction and Powers(documentation)

Understand the role and powers of the Supreme Court, including its advisory jurisdiction and its position in the judicial system.

The Indian Polity by Laxmikanth - Chapter on President(blog)

While not a direct URL, this is a highly recommended book for UPSC preparation, offering in-depth analysis of the President's powers. (Search for 'Indian Polity Laxmikanth' for purchase/access).

Understanding Emergency Provisions in the Indian Constitution(blog)

A detailed blog post explaining the nuances of National, State, and Financial Emergency provisions in the Indian Constitution.

Crash Course Polity: The President(video)

A concise video explaining the powers and functions of the President of India, often helpful for quick revision.

Indian Constitution Explained: Executive Powers(video)

A video tutorial that breaks down the executive powers of the Union Government, providing visual aids and clear explanations.