Part V - THE UNION (Article 52 - 151)
Part V of the Constitution discusses the provisions for the functioning of the Union Government. It defines a parliamentary system of government at the Union level, effective separation of powers and an independent judiciary. Part V of the constitution deals with the Union - the Union Executive, the Union Legislative, the Union Judiciary and the Comptroller and the Auditor General of India. The Union Legislative makes laws, the Union Executive implements laws, and the Union Judiciary interprets laws. It is the Constitution that ensures the harmonious functioning of all three organs and maintains a balance between them.
Structure of Union Government
Union Executive - The President, Vice President, Prime Minister, Council of Ministers and Attorney General of India are some of the prominent heads in the Executive Branch. The executive power of the union is vested in the president and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution. The Vice President of India is the second highest ranking government official after President. He is the chairman of Rajya Sabha. He presides over the meetings of Rajya Sabha and maintains decorum and decency in Rajya Sabha. The Prime Minister is the chief advisor to the president of india, head of the council of ministers and the leader of the majority party in parliament. The Prime Minister leads the executive branch of the government of India. He is the chief spokesman of Union Government. There shall be a Council of Ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. Ministers are appointed by the President on the advice of Prime Minister. The Council of Ministers is collectively responsible to the House of the People. Article 76 provides for the officer of the Attorney General of India. He give advice to the Government on legal matter when referred to him by the President.
Union Legislative - There shall be a Parliament for the Union which shall consist of the president and two houses the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Government of India is bicameral - Rajya Sabha is the upper house and Lok Sabha is the lower house. Those elected or nominated to either house of parliament are referred to as members of Parliament or MPs. The MPs of Lok Sabha are directly elected by the Indian public. The MPs of Rajya Sabha are elected by the members of State Legislative Assemblies, in accordance with proportional representation. Speaker is the presiding officer of Lok Sabha and Chairman is the presiding officer of Rajya Sabha. The most important function of the Parliament is to legislate i.e, make legislations for the development which benefits the society. Here parliament will enact laws for the administration of the Union. The proposals for laws are called Bills. The legislative procedure is needed for passing the Bills. The second most important function is to exercise control over the Executive. Article 112 provides for the presenting of Budget in Parliament.
Union Judiciary - The Union Judiciary consists of the Supreme Court of India. The Supreme Court is the apex court of the Indian judicial system. The Supreme Court is an essential element of the federal system followed by India. It is the highest court with criminal and civil powers. The main powers of the Supreme Court are classified into four: original, appellate, advisory and review. Supreme court is Court of record, Federal Court, Court of appeal and Guardian of the constitution. Supreme court hears the appeals from the High Courts and acts as a court of review over subordinate tribunals.
Comptroller and the Auditor General of India - The Comptroller and the Auditor General of India is an authority who audits all receipts and expenditure of Government of India and the state governments. The CAG is mentioned in the Constitution of India under Article 148 - 151. The CAG is the external auditor of government owned companies. He ascertains and certifies the net proceeds of any tax or duty. He complies and maintains the accounts of state governments.
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