The Union Government

Welcome dear students! Today we are going to learn about The Union Government from Class 9 Social_Science. In this chapter, we will explore the Rajya Sabha, Lok Sabha, and their structure, membership, qualifications, and functions. We will also study the Central Executive, including the election of the President, qualifications to become President, the Prime Minister, the Cabinet, and their powers and functions. [CHECKPOINT] We have learnt in the previous lesson that India is a Sovereign, Socialist, Secular and Democratic Republic. While England and France have a Unitary System of Government, India has a Federal System of Government. That means there is a Union Government at the Centre and State Government in the States. India is a Union of States. The powers of the nation are constitutionally divided between the Centre and the States. However, the Central Government has been given more powers in view of the unity, integrity and security of the nation. It exercises these powers through the Legislature, Executive and Judiciary. India has adopted the Parliamentary system of government and the Union Legislature is called the Parliament. Article 79 provides for the creation of Parliament. The Parliament consists of two Houses. The Upper House is called Rajya Sabha and the Lower House is called Lok Sabha. [CHECKPOINT] Let us begin with the Rajya Sabha. The number of seats in the Rajya Sabha is 250, of which 238 members are elected by the members of the State Assemblies and Union Territories. The remaining 12 members, who are experts from various fields like literature, art, science and social work are nominated by the President. This House is also known as the House of Elders. The Rajya Sabha is a permanent body and is not dissolved like the Lok Sabha. The term of the members is six years. One third of its members retire on completion of six years term every second year. In their place new members are elected. If the members do not wish to continue, they can submit their resignation to chairman of the Rajya Sabha. [CHECKPOINT] Now, let us look at the qualifications required to become a Member of Rajya Sabha. First, should be a citizen of India. Second, should not be less than 30 years of age. Third, should not hold any office of profit under the government. Fourth, should not have been punished under law. Fifth, should not be bankrupt. Sixth, should not have been declared to be a person of unsound mind by a court of law. Seventh, should possess the qualifications specified from time to time by the Parliament. The Vice President is the ex officio Chairman of the Rajya Sabha. The Deputy Chairman is chosen from among the members. At least one tenth of the members, which is a minimum of 25 members, should be present during the sessions of the Rajya Sabha. This is called quorum. The House should meet at least twice a year. The members may request for a special session. [CHECKPOINT] Next, we move to the Lok Sabha. The members of the Lok Sabha are elected directly by the people, so, it is known as the House of People. The maximum number of seats is 543 at present. These people are directly elected through universal adult franchise system. 84 seats are reserved for Scheduled Castes and 47 seats are reserved for Scheduled Tribes. After the enactment of the 106th constitution Amendment Act, also known as Narishakti Vandana Adhiniyam, 33 percent of the total seats in Lok Sabha must be reserved for women. Before 2020 the total number of Lok Sabha members was 545. 543 members were elected through universal adult suffrage system. The president nominated 2 members of the Anglo Indian community as members of Lok Sabha but through the 104th constitutional amendment act of 2020 the practice of nominating members of the Anglo Indian community was not continued. So the total number of the Lok Sabha members at present is 543. [CHECKPOINT] The Lok Sabha members are elected for a term of five years. However, on the recommendation of the Prime Minister, the President may dissolve the Lok Sabha, during emergency. During a national emergency the term of the office may be extended for an indefinite period of time such as one year. The qualifications of the Members are as follows. One, should be a citizen of India. Two, must not be less than 25 years of age. Three, should not hold any office of profit under the Government. Four, should not have been punished under law. Five, should not be bankrupt. Six, should not be a person of unsound mind. Seven, should possess qualifications as specified by Parliament from time to time. [CHECKPOINT] There is an opportunity to elect one of the members of the Lok Sabha as speaker and another as Deputy speaker. After being elected as speaker, he has to function in the house in a non partisan manner. He presides over the proceeding of the meeting and maintains peace and order in the house. The speaker is responsible for conducting debate voting, resolution in the house according to the rules. Clarity about the rules and the authority to give decision will also be theirs. It is etiquette for every one in the house, including the prime minister, to respect the speaker. In the event of an equal number of votes on a bill the casting vote is cast. In the absence of the speaker, the deputy speaker presides over the proceedings. I encourage you to conduct a Mock parliament in your school and get the experience as Prime Minister, speaker, and opposition leader. You can also observe proceedings of the parliament session in television and write a note about the role of the Speaker, the role of the opposition party, and the role of the leader of the Ruling party. [CHECKPOINT] Let us understand the Opposition Party. 10 percent of the total number of members of the concerned houses, either Rajya Sabha or Lok Sabha, that political party gets the seats is called the opposition party. The role and work of the opposition leader includes highlighting the wrong doings of the ruling government, examining thoroughly the policies of the government, keeping the government, council of ministers and officials alert, and maintaining a respectable position. Now, let us study the powers and functions of the Parliament. First, Legislative powers and functions. The main function of the Parliament is to make laws. It can frame laws on subjects mentioned in the Central list. For example, Finance, defence, space, telecommunication, Railways and atomic energy. The other bills can be presented in either House. But the bills become laws only after proper discussion and approval by both the Houses when there is consensus for and against the bill. The Speaker casts his vote when a particular bill receives equal number of votes supporting and opposing it. When there is disagreement between the Houses regarding a bill, the President may call for a Joint Session of the Parliament and resolve the matter. After both the Houses pass the bill, it is forwarded to the President for his approval, after which it becomes law. [CHECKPOINT] Second, Administrative powers and functions. In India’s Parliamentary system of government, the Prime Minister and his Council of Ministers form the Executive. The Union Cabinet is accountable to the Parliament. The Members of the Parliament ask questions which must be answered by the Ministers. The Council of Ministers can be in power only as long as they enjoy the trust of the Parliament. Parliament has control over the executive. If the Lok Sabha expresses no confidence in the government policies and plans, the executive, which is the cabinet headed by the Prime Minister, will have to resign. Third, Financial powers and functions. Lok Sabha exercises total control over the financial matters of the country. The government cannot levy any tax or spend any money without the approval of the Lok Sabha. The Finance bill must be first introduced in the Lok Sabha. After being passed by the Lok Sabha, the bill is presented in the Rajya Sabha for discussion. The Rajya Sabha can give certain suggestions and directions, and also delay giving its consent to the bill for 14 days. If it does not give its consent to the bill, it is taken for granted that the Rajya Sabha has approved it. It is then sent to the President for his assent. [CHECKPOINT] Fourth, Judicial powers and functions. Both the Houses of the Parliament have the authority to remove the President as well as the judges of the Supreme Court and the High Courts through a Motion of Impeachment. They also have the powers to discuss the findings of reports related to the judiciary. Fifth, Power and functions to amend Constitution. According to article 368 of the Indian constitution the parliament has power to amend the constitution of India. Both the Houses of Parliament have equal powers to amend the Constitution. The Amendment Bill can be presented first in either House. However, the approval of both the Houses is required for the Amendment. If only one House approves for the Amendment and the other does not, then the Amendment cannot be carried out. In some cases the approval of the state assemblies is also essential. Sixth, Other powers and functions. These include framing laws relating to the powers and jurisdiction of the Supreme Court and the High Courts, establishing one High Court for two or more States, creating new States, renaming them or determining the boundaries of States, discussing the reports of committees like the Public Services Commission, Finance Commission, Election Commission, National Backward Classes Commission, and approving the declaration of Emergencies like the National Emergency, State Emergency and Financial Emergency. [CHECKPOINT] Here is an important box titled Know this regarding the New Parliament House. Our Parliament House is a symbol of the vitality of India’s democratic system. India’s old Parliament House, inaugurated in 1927, has witnessed approximately 75 years of parliamentary activities since the country’s independence till 2023. As the roots of the democratic system in India became stronger, parliamentary functions and the number of participants in these functions increased, and the need for a new parliament house arose. In this background, the new Parliament House was constructed as part of the central expansion plan and inaugurated on 28.05.2023. Its features are as follows. It has an area of about 65,000 square meters. It has 888 seats in the Lok Sabha hall and 384 seats in the Rajya Sabha hall. It is an environment friendly and disabled friendly building. It has an auditorium with state of the art facilities. [CHECKPOINT] Let us move to the Union Executive. The Executive implements the laws framed by the Union Legislature. It also implements the Programmes and policies of the Union Government. The Union Executive consists of the President, Vice President, Prime Minister and his Council of Ministers. The President is the head and Attorney General of India, whereas the Prime Minister and his Cabinet form the actual Executive. Article 52 of our Constitution has created the post of the President. The Indian President is the Constitutional head of the country. He is the first citizen, the Head of the Executive and also the Commander in chief of all the three armed forces, which are the Army, Navy and Air Force. He enjoys the highest position in the country as he is the Custodian of all Executive powers of the nation. No court of law can question his conduct or prosecute him. [CHECKPOINT] The Election of the President is stipulated under Articles 54 and 55 of the Constitution. The President is elected by an electoral college of elected members of both Houses of Parliament, all elected members of the legislative assemblies of all States, New Delhi and Pondicherry. The Supreme Court judge administers him the oath of office. His term of office is five years. He is eligible for re election. When he goes against the Constitution, he can be removed from office by the Parliament through a Motion of Impeachment. The President is a fundamental part of the parliament, and also the protector of the constitution. He has to ensure that no one violates the constitution. If the President himself violates the constitution he can be impeached under Article 61. This impeachment can be carried out in either house of parliament. Advance notice of 14 days should be given for the debate. This should be supported by one fourth of the members. After discussion in both houses if two thirds of the members vote for the motion, the President is removed from the office. It is called impeachment. So far no President is impeached in India. [CHECKPOINT] The Qualifications of President are as follows. One, He should be a citizen of India. Two, He should have completed the age of 35 years. Three, He should be qualified for election as a Member of the Lok Sabha. Four, He should not hold any office of profit under the Government. Now, let us look at the Powers and functions of the President. Executive Powers and Functions: The administration is carried out in the name of the President. The President appoints the Prime Minister and on his recommendation appoints the other ministers. The President has the powers to appoint persons to high posts like Auditor General, Comptroller and Auditor General, Judges of the Supreme Court and High Courts, Governors, Chairman and Members of the Finance Commission, Chairman and Members of the Union Public Service Commission, Election Commissioners, Commanders in Chief to the three Armed Forces and the Ambassadors to different countries. Similarly, he has the power to terminate them also. [CHECKPOINT] Legislative Powers and Functions: The President has the power to summon the Parliament or postpone its sessions. He may also address a joint sitting of both Houses or dissolve the Lok Sabha. A Bill passed by both the Houses becomes an Act only after it receives the approval of the President. He has the authority to return and reject the bill without signing it. Before 2020, the president had the power to nominate 2 Anglo Indians as member of the Lok Sabha. But the 104th constitution amendment Act passed in 2020 has not continued this nomination directive. The president also has the authority to nominate 12 members to the Rajya Sabha who have rendered distinguished service in the fields of art, science, social service and literature as Rajya Sabha members. In all these functions, he acts upon the recommendations of the Prime Minister and his Council of Ministers. Judicial Powers and Functions: The President has the power to reduce the term of imprisonment of criminals, and to cancel the capital punishment. He can approach the Supreme Court for suggestions with reference to legal matters of the country. Financial Powers and Functions: A finance bill can be introduced in the Lok Sabha without the permission of the President. It is only after the President grants permission that the reports of the Finance Commission and the Comptroller and Auditor General are discussed in Parliament. The consolidated Fund is in the name of the President. It is from this Fund that the Judges of the Supreme Court and the Chairman and Members of the Public Service Commission receive their salaries. His consent is necessary for a finance bill to become an Act. [CHECKPOINT] Let me list out our Presidents and their terms. Dr. Rajendra Prasad served from 1950 to 1962. Dr. S. Radhakrishnan served from 1962 to 1967. Dr. Zakir Hussain served from 1967 to 1969. Dr. V. V. Giri served from 1969 to 1974. Dr. Fakruddin Ali Ahmed served from 1974 to 1977. Sri Neelam Sanjiva Reddy served from 1977 to 1982. Sri Gyani Zail Singh served from 1982 to 1987. Sri R. Venkataraman served from 1987 to 1992. Dr. Shankar Dayal Sharma served from 1992 to 1997. Dr. K. R. Narayan served from 1997 to 2002. Dr. A. P. J. Abdul Kalam served from 2002 to 2007. Smt. Pratibha Patil served from 2007 to 2012. Sri Pranab Mukharjee served from 2012 to 2017. Shri Ram Nath Kovind served from 2017 to 2022. Smt. Droupadi Murmu has been serving from 2022 onwards. [CHECKPOINT] Military Powers and Functions: The President is the Commander in Chief of the Armed Forces. He appoints the Chiefs of the Army, Navy and Air Force on the recommendation of the Union Cabinet. He also declares war and peace on the recommendation of the Parliament. Emergency Powers and Functions: The constitution describes 3 types of emergency. The President can declare Emergency on three occasions. First, Under Article 352, National Emergency. Second, Under Article 356, State Emergency. Third, Under Article 360, Financial Emergency. Do you know this? National Emergency under Article 352 is imposed when there is a threat to the security of any area in the country or the whole of it through external attack or internal disturbance. Examples are in 1962, 1971, 1975. State Emergency under Article 356 is declared based on the report of the governor of a state or if the state government for any reason cannot function according to the principles of the constitution. State emergency has been declared six times in Karnataka so far. State emergency is also known as constitutional emergency, president rule of the nation. Financial Emergency under Article 360 can be declared if it is felt that the financial situation in the country has deteriorated. However, it has not been declared till now. [CHECKPOINT] Discretionary Powers: The President can exercise certain powers without waiting for approval of the Union Cabinet. They are called discretionary powers. They are: First, He may invite the leader of any party to form the government when no single party has got a majority after an election. Second, When the Parliament approves a Bill and sends it to him for assent, he may return the Bill for re consideration. Now, let us study the Prime Minister. The Constitution has provided for a Council of Ministers with the Prime Minister as its Head to assist and advise the President in the administration of the country. Still it is the Prime Minister who has the real power to carry out the administration. The President is the Head of the Country, whereas the Prime Minister is the Head of the Government. He remains in office as long as he enjoys the trust of the Lok Sabha. [CHECKPOINT] Powers and Functions of the Prime Minister include the following. First, Appointment and Removal of Ministers, and Allocation of Portfolios. The Prime Minister recommends to the President the appointment of Ministers to the Council of Ministers. He also allocates the various portfolios among the Ministers. His decision is final in the allocation of portfolios. He can remove controversial ministers and those who have been accused of wrong doing. Second, Head of Government. The Prime Minister is responsible for all actions of the Government. He coordinates the activities of the various Ministers. He takes greater interest in framing policies related to planning, defence and foreign affairs. Third, Head of Union Cabinet. The meetings of the Union Cabinet are held under the Chairmanship of the Prime Minister. All discussions of issues of national and international importance are discussed and decisions are taken under his chairmanship. He is the link between the President and the Cabinet. Fourth, Power to advise to dissolve the Lok Sabha. The Prime Minister has the power to advise the president to dissolve the Lok Sabha. Generally the Prime Minister gives such advice to the President when the ministerial colleagues do not get the expected co operation in the administration, when there are serious disagreement in the cabinet, and when the cabinet loses the confidence of Lok Sabha. [CHECKPOINT] The Central Cabinet is described in Article 74 subsection 1 of our constitution, which states that there shall be a cabinet of ministers headed by the Prime Minister to assist and advise the President. The union cabinet headed by the Prime Minister is the real executive and manages the entire administration of the nation. The union cabinet formulates and implements public policies and plans. Central ministry can be classified into three types. They are Cabinet grade minister, Ministers of the state, and Deputy ministers. According to the 91st amendment act of the constitution, the size of the union cabinet cannot exceed 15 percent of the total number of Lok Sabha members including the prime minister. This cabinet has two types of responsibilities. Each minister is personally responsible for the progress, success and failure of his portfolio and the council of ministers is collectively responsible to parliament, specifically the Lok Sabha, for its administration, policy, discussion and programmes. Therefore the council of ministers continues in power until it has the confidence of the parliament. The Lok Sabha can remove the council of ministers from power by passing a no confidence motion. [CHECKPOINT] You should know the definition of a vote of no confidence. If the council of the ministers lose the confidence of the Lok Sabha they will have to resign. This is known as antitrust resolution, also called vote of no confidence. Let me now list our Prime Ministers and their terms. Pandit Jawahar Lal Nehru served from 1947 to 1964. Sri Lal Bahadur Shastri served from 1964 to 1966. Gulzarilal Nanda served in 1966. Smt. Indira Gandhi served from 1966 to 1977 and again from 1980 to 1984. Sri Morarji Desai served from 1977 to 1979. Sri Charan Singh served from 1979 to 1980. Sri Rajiv Gandhi served from 1984 to 1989. Sri V. P. Singh served from 1989 to 1990. Sri Chandra Shekhar served from November 1990 to June 1991. Sri P. V. Narasimha Rao served from 1991 to 1996. Sri H. D. Devegowda served from June 1996 to April 1997. Sri I. K. Gujral served from April 1997 to March 1998. Sri Atal Bihari Vajpayee served from May 18, 1996 to 31 May 1996, and again from 19 March 1998 to May 2004. Dr. Manmohan Singh served from 2004 to 2014. Sri Narendra Modi has been serving from 2014 onwards. [CHECKPOINT] Now, let us look at the Indian states, union territories and their capitals. The states are: Andhra Pradesh with capital Amaravati, Arunachal Pradesh with capital Itanagar, Assam with capital Dispur, Bihar with capital Patna, Chhattisgarh with capital Raipur, Goa with capital Panaji, Gujarat with capital Gandhinagar, Haryana with capital Chandigarh, Himachal Pradesh with capital Shimla, Jharkhand with capital Ranchi, Karnataka with capital Bengaluru, Kerala with capital Thiruvananthapuram, Madhya Pradesh with capital Bhopal, Maharashtra with capital Mumbai, Manipur with capital Imphal, Meghalaya with capital Shillong, Mizoram with capital Aizawl, Nagaland with capital Kohima, Odisha with capital Bhubaneswar, Punjab with capital Chandigarh, Rajasthan with capital Jaipur, Sikkim with capital Gangtok, Tamil Nadu with capital Chennai, Telangana with capital Hyderabad, Tripura with capital Agartala, Uttar Pradesh with capital Lucknow, Uttarakhand with capital Dehradun, and West Bengal with capital Kolkata. The Union Territories are: Andaman and Nicobar Island with capital Port Blair or Sri Vijayapuram, Chandigarh with capital Chandigarh, Dadra and Nagar Haveli and Daman and Diu with capital Daman and Diu, Delhi as the National Capital Region, Jammu and Kashmir with capitals Srinagar for Summer and Jammu for Winter, Ladakh with capital Leh, Lakshadweep with capital Kavarati, and Puducherry with capital Puducherry. [CHECKPOINT] Here are two quick facts. Bhararisain is the Summer capital of Uttarakhand. Dharmshala is the second capital of the state of Himachal Pradesh. The Attorney General is the highest legal adviser of India, appointed by the president. Now, let us move to the Exercises section. I will read each question and provide the complete answer. Part one, Fill in the blanks with suitable words. Question one: India has a Federal form of government. Question two: The Union Legislature is called the Parliament. Question three: The Chairman of the Rajya Sabha is the Vice President. Question four: One has to complete 25 years to become a member of the Lok Sabha. Question five: The Commander in Chief of the three Armed Forces is the President. Question six: The process for electing the President is explained under Articles 54 and 55 of the Constitution. Question seven: The Chairman of the Union Public Service Commission is appointed by the President. [CHECKPOINT] Part two, Discuss in group and Answer the following questions. Question eight: Name the two Houses of the Parliament. Answer: The two Houses of the Parliament are the Rajya Sabha, which is the Upper House, and the Lok Sabha, which is the Lower House. Question nine: Explain the composition of the Rajya Sabha. Answer: The Rajya Sabha has 250 seats in total. Out of these, 238 members are elected by the members of the State Assemblies and Union Territories. The remaining 12 members are nominated by the President. These nominated members are experts from various fields like literature, art, science and social work. Question ten: What are the qualifications needed to become a member of the Lok Sabha? Answer: To become a member of the Lok Sabha, a person must be a citizen of India, must not be less than 25 years of age, should not hold any office of profit under the Government, should not have been punished under law, should not be bankrupt, should not be a person of unsound mind, and should possess qualifications as specified by Parliament from time to time. [CHECKPOINT] Question eleven: Explain the election process for the post of President. Answer: The President is elected by an electoral college consisting of elected members of both Houses of Parliament, and all elected members of the legislative assemblies of all States, New Delhi and Pondicherry. The Supreme Court judge administers the oath of office. The term is five years, and the President is eligible for re election. Question twelve: List out the powers and functions of the Prime Minister. Answer: The powers and functions of the Prime Minister are: First, Appointment and Removal of Ministers, and Allocation of Portfolios, where his decision is final. Second, Head of Government, where he coordinates ministers and frames policies on planning, defence and foreign affairs. Third, Head of Union Cabinet, where he chairs meetings and acts as the link between the President and the Cabinet. Fourth, Power to advise to dissolve the Lok Sabha when there is lack of cooperation, serious disagreement in the cabinet, or loss of confidence in the Lok Sabha. [CHECKPOINT] Question thirteen: Explain the composition of the Union Cabinet and its responsibilities. Answer: The Union Cabinet is headed by the Prime Minister and consists of Cabinet grade ministers, Ministers of the state, and Deputy ministers. Its size cannot exceed 15 percent of the total number of Lok Sabha members including the prime minister, as per the 91st amendment act. It has two types of responsibilities: individual responsibility for each minister regarding their portfolio, and collective responsibility to the Lok Sabha for administration, policy, discussion and programmes. It continues in power only as long as it enjoys the confidence of the Parliament. Part three, Activities: First, Conduct a school Parliament in your school. Second, Meet the legislator of your constituency and discuss his work. Part four, Project: Prepare a model of the Parliament house and display in your school. Thank you for listening! Keep revising and practicing. Goodbye! [CHAPTER_COMPLETE]