Definition: Constitutionalism is a system that gives legitimacy to a democratic government.

Importance: It goes beyond having a written constitution and focuses on principles like separation of powers, judicial control, and accountability.

Not Guaranteed by a Constitution: Most countries have constitutions, but not all practice constitutionalism.

• Fundamental Governance: Constitutionalism is integral to governance in India, supported by the Constitution and legislation.
• Challenges: Despite having mechanisms for smooth governance, gaps between the government and people have widened, with persistent poverty and backwardness in some areas.

• Rameshwar Prasad v. Union of India: Constitutionalism opposes absolute power and emphasizes the Rule of Law, where governance is guided by constitutional provisions.
• IR Coehlo v. State of Tamil Nadu: Constitutionalism ensures government power is controlled to protect democratic principles.
• Minerva Mills Case: The Constitution is described as a "precious heritage" that must maintain its identity.

• Separation of Powers:
  • Divides governance into three branches: Legislature, Executive, and Judiciary.
  • Prevents power monopolization and ensures checks and balances.
• Accountable Government:
  • Governments are elected to serve people and must answer to them.
  • Failure leads to revocation of authority through elections.
• Popular Sovereignty:
  • Government legitimacy comes from the people.
  • Sovereign power ultimately resides with the nation.

Core Idea: Governance is based on laws, not individuals.

Dicey's Principles:

• No one can be punished without violating a specific law.
• Everyone is equal under the law.
• Courts safeguard individual rights and freedoms.

Essence of Democracy: Independence ensures fair application of the Rule of Law.

Protection in India: Article 50 ensures judiciary's independence from the Executive.

• Significance: Rights are fundamental to constitutionalism.
• Protection: The Indian Constitution enshrines these rights in Part III, enforceable by the Supreme Court and High Courts.
• Broad Interpretation: Courts have expanded the meaning and application of individual rights.

• Governments' Misuse of Power: Authorities often prioritize corporate interests over public welfare.
• Weak Institutions: Institutions meant to uphold constitutionalism are weakening, reducing checks and balances.
• Money and Criminalization in Politics: These issues disrupt governance and erode public trust.
• Public Frustration: Growing dissatisfaction with government apathy threatens democratic stability.

• Ongoing Relevance: Constitutionalism remains vital for functional democracies.
• Need for Reform: Strengthening institutions, ensuring accountability, and upholding constitutional principles are necessary to restore public faith in governance.

• Definition: Transformative constitutionalism is a concept that helps resolve issues in the enactment, interpretation, and enforcement of the Constitution.
• Purpose: It adapts to society's changing needs, declaring the Constitution as a flexible and transformative document.
• Historical Origin: The idea gained global recognition during South Africa’s post-apartheid era.
• Main Feature: It empowers marginalized groups by protecting socio-economic rights.

• Foundation of Democracy: The Constitution is a legally binding document essential for democracy, human rights, and governance.
• Role of the Constituent Assembly: India’s Constitution was carefully drafted over nearly three years.
• Constitutionalism vs. Constitution:
  • A written Constitution alone does not ensure constitutionalism.
  • Constitutionalism provides legitimacy to democratic governance beyond just the legality of government actions.

• Definition: A doctrine that ensures government actions are legitimate and guided by laws.
• Importance: It creates a framework to determine who governs, how, and why, ensuring betterment for the nation.
• Principles:
  • Separation of Powers: Divides authority among branches of government.
  • Judicial Control: Courts ensure the Constitution is followed.
  • Accountable Government: The government must answer to its citizens.

• Meaning: Justice Chandrachud defines it as the values of liberty, equality, dignity, and fraternity in a changing society.
• Essence of Change: Laws must adapt to evolving societal needs to remain relevant.
• Main Elements:
  • Existing Principles: Re-examining legal norms.
  • Socio-Political Influence: Fosters democracy and participation.
  • Socio-Economic Rights: Ensures access to goods and services.
  • Judicial Activism: Judges enforce radical changes for justice and equality.
  • Cultural Rights: Promotes respect and dignity for all.

• First Use: Introduced by Prof. Karl Klare in a 1998 South African legal journal.
• Global Adoption: Recognized globally for its role in societal transformation.
• India’s Adaptation:
  • Though not explicitly mentioned, the Supreme Court has recognized its transformative power.
  • Examples include judgments in NALSA (2014) and Navtej Singh Johar (2018).

• Democracy in Action: Aligns with the democratic principle of being "for the people, by the people, and of the people."
• Judiciary’s Role: Judges ensure justice, democracy, and social equity by interpreting the Constitution radically.
• Societal Impact: Aims to eliminate discrimination, promote equality, and protect fundamental rights.

• Pivotal Role: Judges interpret and apply the Constitution to address contemporary issues.
• Landmark Judgments:
  • Kesavananda Bharati Case: Established the "basic structure doctrine," ensuring Parliament cannot destroy the Constitution’s essence.
  • Justice Puttaswamy Case: Declared the right to privacy as a fundamental right under Articles 14, 19, and 21.
  • NALSA Case: Recognized transgender persons as the "third gender," granting them fundamental rights.

• Same-Sex Rights: In Navtej Singh Johar v. Union of India, Section 377 (criminalizing same-sex relations) was decriminalized.
• Gender Equality: In the Sabarimala Case, women aged 10-50 were allowed entry into the temple, promoting individual dignity and equality.
• Uniform Civil Code: Increasing relevance with modern societal changes through transformative constitutionalism.
• Artificial Intelligence (AI): Encourages adapting to technological advancements like AI in the legal system.

• Purpose: Transformative constitutionalism promotes social, economic, and political changes while maintaining constitutional principles.
• Judiciary’s Role: Ensures gender equality, decriminalizes same-sex relations, and secures fundamental rights.
• Collective Responsibility: Citizens, lawmakers, and the judiciary must work together to uphold transformative constitutionalism for a progressive society.
• Need for Action: A proactive judiciary is essential to interpret and enforce the Constitution for societal betterment.

• Definition: Federalism is a system of government where powers are divided between a central authority and its constituent units like states or provinces.
• Purpose: It accommodates two levels of politics—central and regional—allowing them to function autonomously in specific areas.
• Types of Federations:
  • Holding Together Federation:
    • Central authority holds more power.
    • Example: India, Spain, Belgium.
  • Coming Together Federation:
    • States/provinces hold more autonomy.
    • Example: USA, Australia, Switzerland.

Article 370 Abrogation:

• Critics argue that the Supreme Court’s support for the President's power to abrogate Article 370 undermines federal principles by concentrating power at the center.

India is a federal system but leans towards a unitary structure, often called a "quasi-federal" system.

Federal Features:

• Two Levels of Government: Centre and State governments exist with separate powers.
• Division of Powers: Based on the Seventh Schedule:
  • Union List: Subjects under central control (e.g., defense).
  • State List: Subjects under state control (e.g., police).
  • Concurrent List: Shared subjects (e.g., education).
• Supremacy of the Constitution:
  • The Constitution is the highest law.
  • The judiciary ensures it is not violated.
• Independent Judiciary: Integrated court system with the Supreme Court at the top, followed by High Courts and lower courts.

Unitary Features:

• Flexible Constitution: Some provisions can be amended easily, but federal aspects require more stringent procedures.
• More Powers to the Centre:
  • Central laws on Concurrent List subjects can override state laws.
  • Centre can legislate on State List subjects during emergencies.
• Unequal Representation in Rajya Sabha: States’ representation is based on population (e.g., Uttar Pradesh has 31 seats, Goa has 1).
• Powerful Lok Sabha: Lok Sabha holds more power than the Rajya Sabha, deviating from federal principles.
• Emergency Powers: Centre can impose President’s Rule (Article 356), gaining control over state governance.
• Integrated Judiciary: No separate state judiciary exists; the judiciary operates under a unified structure.
• Single Citizenship: Citizens are only Indian citizens, not of their respective states.
• Governor’s Role: Governors are appointed by the Centre and act as its representatives in states.
• Creation of New States: Parliament can alter state boundaries, names, or areas without state approval.
• All India Services: IAS, IPS officers work under the Centre’s authority, limiting state control.
• Integrated Election Machinery: Election Commission, appointed by the President, conducts both central and state elections.
• Veto Power over State Bills: Governors can reserve state bills for the President, who can reject them.
• Audit and Oversight: The Comptroller and Auditor General (CAG), appointed by the President, audits accounts of both Centre and states.
• Power to Remove Key Officials: States cannot remove certain officials like Election Commissioners or High Court judges.

• Balances central authority with state autonomy.
• Accommodates diversity across regions.
• Promotes efficient governance by decentralizing power.

• Centralization of power weakens state autonomy.
• Unequal representation in Rajya Sabha.
• Emergency provisions and centralized services undermine federal principles.
• Disputes between Centre and states over shared subjects like education or law enforcement.

• Definition: The Rule of Law is a fundamental principle in legal systems worldwide, ensuring that the law governs, not arbitrary decisions of individuals.
• Origin: Introduced by Chief Justice Edward Coke of England, emphasizing that even the King is subordinate to the law and God.
• Development: Further elaborated by Dicey in his book The Law and the Constitution (1885).

• Supremacy of Law:
  • The law is supreme, and no one has arbitrary or unchecked power.
  • Actions like arrest or punishment can only happen through established legal processes.
  • Protects individuals from arbitrary government actions.
• Equality Before the Law:
  • Every individual, regardless of their class or position, is subject to the same legal system and courts.
  • Criticism of Special Tribunals: Dicey opposed special rules or tribunals for civil servants, as they violate equality before the law.
• Judge-Made Constitution:
  • In England, rights like liberty and freedom are not written in a document but come from judicial decisions in real cases.
  • Courts play a key role in safeguarding rights by resolving disputes.

• Enshrined in the Constitution:
  • The Preamble guarantees Justice, Liberty, and Equality.
  • Part III of the Constitution (Fundamental Rights) ensures enforceable rights.
  • All three branches of government (Judiciary, Executive, and Legislature) are bound by the Constitution.
• Judicial Review:
  • Citizens can approach courts for violations of their rights.
  • Courts can strike down any government action or law if it is unconstitutional or arbitrary.
• Case Law:
  • In Chief Settlement Commissioner Punjab v. Om Prakash, the Supreme Court emphasized the Rule of Law as the authority of courts to test all administrative actions against legality.
  • The concept rejects the "dual state" where government actions are immune from legal scrutiny.

• Powers of Public Officials: Public officials like police officers have special powers, e.g., arresting people, which private citizens do not have.
• Special Laws for Certain Groups:
  • Armed forces are governed by military laws.
  • Professionals like lawyers and doctors follow specific rules related to their fields.
• Discretionary Powers: Ministers and executive bodies are granted wide discretion under statutes.

• Adherence to Rule of Law:
  • India’s Constitution ensures protection of rights, equality before the law, and limits on government power.
  • Courts actively reinforce the Rule of Law through judgments, ensuring justice for all.
• Challenges:
  • Issues like outdated laws and overloaded courts remain, but efforts by institutions like the Law Commission aim to address these challenges.
• Vision: Achieving a system where the Rule of Law functions without barriers, ensuring justice and fairness in governance.

• Definition: Separation of Powers ensures that no single body exercises all government powers, dividing them among three branches—Legislature, Executive, and Judiciary.
• Purpose: To prevent concentration of power and promote accountability and efficiency in governance.
• Adoption: The doctrine was developed in the 17th century and first implemented in the USA.

• Concept: Montesquieu argued that justice becomes arbitrary when power is concentrated in one authority.
• Division of Power:
  • Legislature makes laws.
  • Executive enforces laws.
  • Judiciary interprets laws.
• Objective: Prevent misuse of power and ensure fairness by decentralizing authority.

• Core Principles:
  • Exclusivity: Divides the government into three distinct organs.
  • Functionality: Each organ performs only its designated roles.
  • Checks and Balances: Organs monitor each other to prevent overreach.
  • Mutual Cooperation: Encourages collaboration rather than confrontation.

Structure:

• Legislature: Makes laws.
• Executive: Implements laws.
• Judiciary: Interprets laws and ensures justice.

Constitutional Provisions:

• Judiciary’s Independence:
  • Article 50 ensures separation of judiciary from the executive.
  • Articles 121 and 211 prohibit legislative discussion on judges' conduct.
• Executive Powers:
  • Articles 53 and 154 vest executive powers in the President and Governors.
• Legislative Powers:
  • Article 123 allows the executive to issue ordinances when the legislature is not in session.

Interdependence: Overlaps exist between functions, e.g., the legislature’s judicial role in impeachment or the executive’s judicial appointments.

• Prevents Tyranny: Avoids concentration of power, ensuring democracy and accountability.
• Prevents Misuse: Ensures checks on power to avoid arbitrary actions.
• Clarity of Functions: Clearly defined roles make each branch responsible for its duties.
• Balances Power: Divides authority to prevent dominance by any single organ.
• Specialization: Allows each branch to focus on its core functions, improving efficiency.

Judicial Pronouncements:

• Kesavananda Bharati Case (1973):
  • Established the basic structure doctrine.
  • Separation of Powers is an integral part of the Constitution.
• Ram Jawaya Kapur v. State of Punjab (1955):
  • Emphasized that functions should not overlap beyond constitutional limits.
• Indira Nehru Gandhi v. Raj Narain (1975):
  • Reiterated that the basic structure cannot be altered.
• Golak Nath v. State of Punjab (1967):
  • Affirmed that no authority is above the Constitution.

• Impractical Rigidity: Strict adherence can hinder governance.
• Interdependence Needed: Collaboration among branches is crucial for smooth functioning.
• Real-World Challenges: Delegation of powers (e.g., administrative tribunals) violates strict separation.
• Complex Issues: Modern governance requires flexibility to address societal needs.

• Overlap of Functions: Administrative bodies perform legislative, executive, and quasi-judicial roles, breaching strict separation.
• Necessity of Delegation:
  • Reduces burden on legislature and judiciary.
  • Enables faster law-making and justice delivery.

• Broad Application: While strict separation is impractical, India follows the doctrine in a flexible manner.
• Checks and Balances: Ensure no organ oversteps its bounds.
• Democratic Necessity: Separation of Powers promotes good governance and protects against misuse of authority.
• Modern Perspective: Emphasizes cooperation among branches for collective enhancement and societal welfare.

• Origin:
  • The system of checks and balances originated in the United States Constitution.
  • Inspired by the ideas of William Blackstone and Montesquieu.
• Purpose in the U.S.: To prevent the concentration of power and sustain democracy by dividing power among three governing bodies: Legislature, Executive, and Judiciary.
• Adoption in India: After independence, the framers of the Indian Constitution incorporated this system to maintain balance among government bodies.

• Definition:
  • A system that ensures all government branches—Legislature, Executive, and Judiciary—can check and limit each other’s powers.
• Main Features:
  • Horizontal Distribution: Powers are distributed equally among the organs of government.
  • Prevent Overpowering: Stops one branch from becoming too powerful.
  • Accountability: Each branch ensures others remain within their constitutional limits.

• Purpose:
  • Prevents totalitarian actions.
  • Encourages collaboration and accountability between branches.
• Working Mechanism:
  • Each organ of government possesses tools to monitor and limit the actions of others.
  • Example: Judicial Review ensures laws align with the Constitution.

• On the Executive:
  • Parliamentary Accountability: Instruments like no-confidence motions, question hour, and censure motions hold the Executive accountable.
  • Judicial Review: Courts can review laws and declare them unconstitutional if they violate the Constitution.
  • Constitutional Boundaries: New laws and amendments must respect the basic structure doctrine.
• On the Legislature:
  • Judicial Scrutiny: Courts can strike down laws that are unconstitutional or violate the basic structure of the Constitution.
  • Conflict of Interest Prevention: The Constitution restricts legislators from interfering in Executive roles.
  • Judicial Conduct: Legislators cannot discuss the conduct of High Court and Supreme Court judges in Parliament.
• On the Judiciary:
  • Impeachment: Judges of the Supreme Court or High Courts can be impeached for misconduct or failure to perform duties.
  • Appointments: Judicial appointments require approval from the collegium and the Executive.

• Overreaching Judiciary: Judiciary may interfere excessively in legislative or executive functions, leading to accusations of judicial overreach.
• Parliamentary Committees: Recommendations of parliamentary committees are advisory and not binding, reducing their impact.
• Parliamentary Proceedings: Frequent use of tools like no-confidence motions can disrupt normal parliamentary functioning.

• Importance:
  • The system of checks and balances is crucial for maintaining balance, accountability, and proper functioning of government organs.
• Indian Context:
  • The Indian Constitution provides robust mechanisms to prevent one organ from overpowering another.
  • By ensuring checks and balances, the system supports democracy and prevents misuse of power.
• Way Forward:
  • While challenges exist, the system ensures effective governance when implemented with collaboration and adherence to constitutional principles.

• Adoption and Effect:
  • Introduced on 26th November 1949 by the Constituent Assembly.
  • Came into effect on 26th January 1950, celebrated as Republic Day.
• Purpose:
  • The Preamble reflects the ideals and objectives of the Constitution and signifies the source of authority as the people of India.

• Based on the Objectives Resolution proposed by Jawaharlal Nehru on 13th December 1946.
• Accepted by the Constituent Assembly on 22nd January 1947.

• Socialist:
  • Definition: Democratic socialism achieved through non-violent and democratic means.
  • Added: In the 42nd Amendment, 1976.
  • Implication: Faith in a mixed economy, where both public and private sectors coexist.
• Sovereign:
  • Meaning: India is independent and not dominated by any external power.
  • Implication: Complete authority over its internal and external affairs.
• Secular:
  • Added: In the 42nd Amendment, 1976.
  • Meaning: All religions (e.g., Hinduism, Islam, Christianity) are treated equally by the state.
  • Implication: India does not favor any particular religion.
• Democratic:
  • Definition: Citizens have the right to vote and choose their representatives.
  • Implication: Ensures political, economic, and social democracy.
  • Voting Age: Universal suffrage for citizens 18 years or older.
• Republic:
  • Definition: The head of the state (President) is elected by the people.
  • Implication: No hereditary rulers; leaders are chosen through elections every 5 years.

• Justice: Social, economic, and political.
• Liberty: Freedom of thought, expression, belief, faith, and worship.
• Equality: Equal opportunities for all citizens.
• Fraternity: Promoting unity and dignity of individuals while ensuring national integrity.

• Date of Adoption: The Constitution was adopted on 26th November 1949.
• Nature of the State: India is described as Socialist, Sovereign, Secular, Democratic, and Republic.
• Objectives: Emphasizes Justice, Liberty, Equality, and Fraternity.
• Power to the People: Citizens elect representatives and have the authority to criticize their leaders.

• Source and Inspiration: The Preamble is based on Jawaharlal Nehru's Objectives Resolution.
• Significance:
  • Introduced on 26th November 1949 and came into force on 26th January 1950.
  • Represents the ideals of Socialism, Sovereignty, Secularism, Democracy, and Republic.
  • Serves as the guiding principle for the Indian Constitution and its objectives.

• Background:
  • Proposed in 1918 by Edwin Montagu (Secretary of State) and Lord Chelmsford (Viceroy of India).
  • Known as the Montagu-Chelmsford Reforms or Mont-Ford Reforms.
  • Aimed to give Indians representation in government.
  • Came into force in 1921.

• Subjects:
  • Matters of national importance (e.g., foreign affairs, defense, communications, etc.) were governed at the central level.
  • Central Legislature gained more power and became more representative.
• Executive:
  • Governor-General became the chief executive authority.
  • Executive Council of the Viceroy had 8 members, including 3 Indians.
  • Governor-General could:
    • Restore cuts in grants.
    • Certify rejected bills.
    • Issue ordinances.
• Legislature:
  • Bicameral Legislature introduced:
    • Lower House: Central Legislative Assembly (145 members; tenure: 3 years).
    • Upper House: Council of State (60 members; tenure: 5 years).
  • Legislators could:
    • Ask questions and pass adjournment motions.
    • Vote on 25% of the budget (remaining 75% was not votable).

• Subjects:
  • Focused on local matters (e.g., education, public health, agriculture, etc.).
• Diarchy:
  • Introduced diarchy (dual governance) in eight provinces:
    • Assam, Bengal, Bihar and Orissa, Bombay, Madras, Punjab, United Provinces, and Central Provinces.
  • Subjects divided into:
    • Reserved: Handled by the Governor and his bureaucrats (e.g., finance, law and order).
    • Transferred: Handled by elected ministers (e.g., education, health).

• Awareness Among Indians: Indians gained insights into governance, fostering a sense of nationalism and desire for Swaraj.
• Expansion of Voting Rights: Voting areas expanded; citizens began to understand the importance of elections.
• Self-Government in Provinces:
  • Provinces enjoyed some level of autonomy.
  • Prepared Indians for administrative responsibilities.

• Irresponsible Central Government: The Central Government was not responsible to the Legislature.
• Communalism: Separate electorates deepened divisions among communities.
• Limited Franchise: Only 1.5 million people could vote, out of a population of 260 million.
• Lack of Administrative Control: Governors held unrestricted powers, often overriding ministers.
• Unworkable Division of Subjects: Irrational distribution of subjects like finance, irrigation, and justice.

• Public Reaction:
  • The Congress rejected the reforms, calling them “disappointing”.
  • Leaders like Tilak and Annie Besant criticized the Act harshly.
• Rise of Swaraj Party: Formed in 1923, it challenged British control in elections.
• Rowlatt Act Enactment (1919):
  • Allowed imprisonment without trial.
  • Suspended the right of Habeas Corpus, intensifying repression against nationalists.

• What is the Government of India Act, 1935?
  • A significant law passed by the British Parliament to reform the governance of India.
  • Received Royal Assent: 24th July 1935.
  • Came into Effect: 1st April 1937.
  • Objective: To provide greater autonomy to Indian provinces while maintaining British control over critical areas.

• Preceded by Earlier Acts: Followed the Government of India Act, 1919, which introduced limited self-governance.
• Simon Commission Recommendations: Formed in 1927 to review India's political situation.
• Round Table Conferences (1930-1932): Discussions between British officials and Indian political leaders shaped the Act.
• Final Version Passed in 1935: Took nearly a decade of deliberations.

• Dominion Status for India: The Act aimed to prepare India for dominion status under British influence.
• Appeasing Nationalists: Designed to win support from moderate nationalists and address some demands for autonomy.
• Securing Support from Princes: Encouraged princely states to join the federation with special privileges.
• Retaining British Control: Ensured continued control over defense, foreign relations, and finances.

• Federal Structure:
  • Proposed an All-India Federation including British provinces and princely states.
  • Conditions for Federation:
    • States with at least 52 seats in the Council of States had to join.
    • Population of these states must constitute 50% of all princely states.
    • These conditions were not met, so the federation was not implemented.
• Federal Executive:
  • Governor-General remained the key authority, representing the British Crown.
  • Introduced Dyarchy at the Centre:
    • Reserved Subjects: Administered by Governor-General and his councilors (e.g., defense, foreign affairs).
    • Transferred Subjects: Administered by ministers responsible to the legislature.
• Federal Legislature:
  • Bicameral System:
    • Council of States (Upper House): Members elected by provinces and nominated by princes (60:40 ratio).
    • Federal Assembly (Lower House): Members indirectly elected by provinces and nominated by princes (2:1 ratio).
  • Division of Powers:
    • Federal List: Central Government subjects.
    • Provincial List: Provincial Government subjects.
    • Concurrent List: Shared between Centre and provinces.
    • Basis for the Seventh Schedule in the Indian Constitution.

• Foundation for Federal Structure: Laid groundwork for India's federal governance system.
• Provincial Autonomy: Marked the beginning of self-governance in provinces.
• Introduction of Direct Elections: Boosted Indian participation in governance.
• Motivation for Independence Movement: Encouraged freedom fighters to demand full independence.

• Limited Franchise: Only 14% of the population had voting rights.
• Governor-General's Powers: Could override legislatures, issue ordinances, and veto bills.
• Control over Provinces: Governors could dismiss provincial governments, negating autonomy.
• Communal Divisions: Separate electorates fueled communalism.
• Rigid Constitution: Amendments could only be made by the British Parliament.

• Inspired several key features of the Indian Constitution:
• Federal system with a division of powers.
• Autonomy of states in governance.

The Executive is a main branch of the government that provides leadership and ensures smooth functioning. It includes the political executive (elected leaders) and the bureaucracy (appointed officials). The Union Executive and State Executive are crucial components of Indian polity.

The Union Executive consists of three important posts:

1. President of India (Articles 52-62):

• Article 52: India must have a President as the head of the state.
• Role:
  • Supreme commander of the armed forces.
  • Represents the unity and integrity of the country.
  • Performs ceremonial functions and ensures the constitution is upheld.
• Elected by: An electoral college consisting of the Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
• Tenure: 5 years, with re-election allowed.
• Powers:
  • Legislative: Can summon and dissolve Parliament sessions, give assent to bills, and issue ordinances.
  • Executive: Appoints the Prime Minister, Governors, Chief Justice, and other key officials.
  • Emergency: Can declare national, state, or financial emergencies.

2. Prime Minister and Council of Ministers (Articles 74-75 and Article 78):

• Prime Minister:
  • Appointed by the President.
  • Leader of the Council of Ministers and chief advisor to the President.
  • Acts as the head of government and oversees the functioning of all ministries.
• Council of Ministers:
  • Includes Cabinet Ministers, Ministers of State, and Deputy Ministers.
  • Collectively responsible to the Lok Sabha (lower house of Parliament).
  • Aids the President in governance.
• Article 78: Obligates the Prime Minister to communicate all government decisions to the President.

3. Attorney-General of India (Article 76):

• Chief legal advisor to the Government of India.
• Appointed by: The President.
• Responsibilities:
  • Represents the government in legal matters.
  • Provides legal advice to the President and other officials.
  • Can attend both Houses of Parliament but does not have voting rights.

• Article 153: Each state must have a Governor, appointed by the President.
• Role:
  • Acts as the ceremonial head of the state.
  • Functions as a link between the Union Government and the State Government.
• Powers:
  • Legislative: Summons, prorogues, and dissolves the State Legislative Assembly. Gives assent to bills or reserves them for the President’s approval.
  • Executive: Appoints the Chief Minister and other ministers. Administers oaths and manages state affairs.
  • Discretionary: Can act independently in certain cases, like recommending President’s rule in the state.

• Chief Minister:
  • Appointed by the Governor.
  • Head of the Council of Ministers and leader of the ruling party in the State Legislative Assembly.
  • Advises the Governor and oversees the functioning of the state government.
• Council of Ministers:
  • Includes Cabinet Ministers and Ministers of State.
  • Collectively responsible to the State Legislative Assembly.

• Chief legal advisor: to the state government.
• Appointed by: The Governor.
• Responsibilities:
  • Represents the state in legal matters.
  • Provides legal advice to the state government.
  • Can attend sessions of the state legislature but cannot vote.

• Union Executive:
  • Focuses on national governance.
  • Comprises the President, Prime Minister, Council of Ministers, and Attorney-General of India.
• State Executive:
  • Focuses on state-level governance.
  • Includes the Governor, Chief Minister, Council of Ministers, and Advocate-General of the State.
• Relation Between Union and State Executives:
  • Governors serve as a link between the Union Government and State Government.
  • Both executives work together to ensure federal governance in India.