Government of The Union
Government of The Union
Government of The Union
S. Manikandan
The Union Executive
• The President
• The Vice President
• The Council of Ministers
• The Attorney General for India
• The Comptroller and Auditor General of
India (CAG)
The President
The Present President of India
• Pranab Mukherjee Preceded by
Pratibha Patil
Shri. Pranab Mukherjee
Shri Pranab Mukherjee
• Father's Name: Late Shri Kamada Kinkar Mukherjee
• Mother's Name: Late Smt. Rajlakshmi Mukherjee
• Date of Birth: December 11, 1935
• Place of Birth: Mirati, Kirnahar, District: Birbhum, West Bengal
• Marital Status: Married
• Spouse's Name: Late Smt. Suvra Mukherjee
• Children: Two sons and one daughter
• Educational Qualifications: M.A. (History), M.A. (Political Science),
LL.B., D. Litt. (Honoris Causa), Educated at Vidyasagar College
• Permanent Address: Flat No. 2-A, First Floor, 60/2/7, Kavi Bharti
Sarani, Lake Road, Kolkata-700 029 West Bengal, Tel. (033)
24648366
• Present Address: Rashtrapati Bhavan, New Delhi, 110 004., Tel:
011-23015321
• Profession: Political and Social Worker, Teacher, Journalist, Writer
• Family Background: Father was a freedom fighter, was imprisoned
for more than 10 years, participated in all Congress movements
from 1920, was a member of AICC, and West Bengal Legislative
Council (1952-64), President, District Congress Committee, Birbhum
(WB).
Election of the President
• Article 54 of the Indian Constitution discusses the
election of the President.
• It says that the President shall be elected by the
members of an electoral college, which consists of the
elected members of both the Houses of Parliament,
and the Legislative Assemblies of the States and the
two Union Territories, namely Delhi and Puducherry.
• The election of the President is held in accordance
with a system of proportional representation by means
of a single transferable vote. He can be re-elected to
the office of the President.
• The oath of the President is administered by the Chief
Justice of India, and in his absence, by the most senior
judge of the Supreme Court.
Eligibility
• Article 58 of the Indian Constitution says that the
presidential candidate must:
• Be a citizen of India.
• Have completed the age of thirty-five years.
• Be qualified for elections as a member of the Lok
Sabha.
• Not hold any office of profit under the Union or
any State government, or any local or other
authority.
Term of office
• Article 56 of the Indian Constitution says that the President shall
hold office for a term of five years from the date he takes up his
post.
• He may resign from his office by writing his resignation to the Vice-
President of India.
• But, he will continue to hold his office, in spite of tendering his
resignation, until his successor takes up his office.
• And, before his office gets vacated, an election should be held for
the same.
• Cabinet Ministers
• Ministers of State (Independent Charge)
• Ministers of State
Functions of the Council of Ministers
• Though there is an elected President at the top of the
Government structure, the constitution in reality
establishes a British cabinet type of Government in India.
• Artivle 74(1) requires the President to have a Council of
Ministers with the Prime Minister at the head to “aid
and advice” him in the exercise of his power.
• To remove the impression that the advice given by the
Council of Ministers may not be binding on the
President, the 42nd amendment of the constitution has
made the ministerial advice expressly binding on the
President.
The Attorney General for India
PART V
CHAPTER I.-THE EXECUTIVE
76. Attorney-General for India.-
(1) The President shall appoint a person who is qualified to be appointed a
Judge of the Supreme Court to be Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government
of India upon such legal matters, and to perform such other duties of a legal
character, as may from time to time be referred or assigned to him by the
President, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have right of
audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President,
and shall receive such remuneration as the President may determine.
Shri Mukul Rohtahi
• The Attorney General has a unique role to play as a Minister.
• One part of the Attorney General's role is that of a Cabinet
Minister. In this capacity the Minister is responsible for
representing the interests and perspectives of the Ministry at
Cabinet, while simultaneously representing the interests and
perspectives of Cabinet and consequently the Government to
the Ministry and the Ministry's communities of interest.
• The Attorney General is the chief law officer of the Executive
Council. The responsibilities stemming from this role are
unlike those of any other Cabinet member. The role has been
referred to as "judicial-like" and as the "guardian of the public
interest".
• Much has been written on the subject of ministerial
responsibilities and the unique role of the Attorney General.
• There are various components of the Attorney
General's role. The Attorney General has unique
responsibilities to the Crown, the courts, the
Legislature and the executive branch of government.
• While there are different emphases and nuances
attached to these there is a general theme
throughout all the various aspects of the Attorney
General's responsibilities that the office has a
constitutional and traditional responsibility beyond
that of a political minister.
The statutory responsibilities of the office are
found in section 5 of the Ministry of the
Attorney General Act. Section 5 states:
"The Attorney General,
• is the Law Officer of the Executive Council;
• shall see that the administration of public
affairs is in accordance with the law;
• shall superintend all matters connected with
the administration of justice in Ontario;
• shall perform the duties and have the powers that belong to
the Attorney General and Solicitor General of England by law
and usage, so far as those powers and duties are applicable to
Ontario, and also shall perform the duties and powers that,
until the Constitution Act, 1867 came into effect, belonged to
the offices of the Attorney General and Solicitor General in
the provinces of Canada and Upper Canada and which, under
the provisions of that Act, are within the scope of the powers
of the Legislature;
• shall advise the Government upon all matters of law
connected with legislative enactments and upon all matters
of law referred to him or her by the Government;
• shall advise the Government upon all matters of a legislative
nature and superintend all Government measures of a
legislative nature;
• shall advise the heads of ministries and agencies of
Government upon all matters of law connected with such
ministries and agencies;
• shall conduct and regulate all litigation for and against the
Crown or any ministry or agency of government in respect
of any subject within the authority or jurisdiction of the
Legislature;
• shall superintend all matters connected with judicial offices;
• shall perform such other functions as are assigned to him or
her by the Legislature or by the Lieutenant Governor in
Council."
The Comptroller and Auditor General of
India (CAG)
PART V
CHAPTER V.- COMPTROLLER AND AUDITOR-GENERAL OF INDIA
149. Duties and powers of the Comptroller and Auditor-General
• Tenure: 5 years
• Number of Sessions: Two Mandatory Sessions
• Quorum: 1/10 th
• Presiding Officer: Speaker, elected by the members
Rajya Sabha
• Total members – 250 (238 elected + 12 nominated by the
President from amongst scientists, artists, scholars, social
workers etc.)
• Method of Election: Members are elected by the members of
State Legislative Assemblies through open ballot by single
transferable vote of proportional representation system
• Tenure: Permanent House but members of Rajya Sabha have
6 years terms and 1/3rd of its member retire every second
year
• Qualifications: Not less than 30 years of Age, other
qualifications remain as those required for Lok Sabha.
• Presiding Officer: Vice President is ex-officio Chairman of
Rajya Sabha
• Quorum: 1/10th
Parliament of India –
Composition, Powers and Role
7 essential functions of the Parliament of India
• Our constitution has adopted a Parliamentary
System of Government. Under such a system there is
a curious mixture of the legislative and executive
organs of the state.
• While discussing the functions of Parliament this
aspect should always be borne in mind.
• To begin with the Parliament provides the Council of
Ministers to run the administration of the State and
holds it responsible.
• The membership, of the Council of Ministers is
drawn from the two chambers of the Parliament.
Controlling the Executive
• A very significant function of Parliament is to exercise its control on
the Council of Ministers by way of holding it responsible for its acts
of omissions and commissions. Article 75(3) expressly states that
the Council of Minister remains in office, so long as it enjoys the
confidence of the Lok Sabha.
• Parliament exercise the control by asking question to the ministers
through its members, by raising adjournment motions, cut
motions, censure motions or debates.
• More importantly the Lok Sabha can pass a vote of no confidence
against the Council of Ministers which compels it to resign
collectively.
• Thus the parliament holds the ministers responsible individually
and collectively.
• This critical function of the Parliament ensures a responsive and
responsible government.
Law Making