Part 5 of Indian Constitution, The Union (Articles 52 to 151)

Part V of Indian Constitution deals with the Union Government of India. It explains the structure, powers, functions, and responsibilities of the Executive, Legislature, and Judiciary at the Union level. Articles 52 to 151 fall under this part, making it one of the most important sections of the Constitution for understanding how the Central Government works.

Part 5 of Indian Constitution Overview

The overview table of Part 5 of Indian Constitution is given below.

Chapter I The Union Executive (Articles 52-78)

This chapter establishes the executive branch of the Union Government. It defines the roles and powers of the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General.

President of India (Articles 52-62)

• Constitutional head of the Union.
• Elected indirectly by an Electoral College.
• Holds office for 5 years.
• Can be removed through impeachment.
• Exercises executive, legislative, judicial, diplomatic, and emergency powers.
• Acts on the aid and advice of the Council of Ministers (Article 74).

Vice-President of India (Articles 63-71)

• Ex-officio Chairman of Rajya Sabha.
• Elected by both Houses of Parliament.
• Term of 5 years.
• Can act as President in case of vacancy.

Prime Minister and Council of Ministers (Articles 74-75)

• Real executive authority lies with them.
• Council of Ministers collectively responsible to Lok Sabha.
• Prime Minister is head of government and policy leader.

Attorney General of India (Article 76)

• Chief legal advisor to the Government of India.
• Appointed by the President.
• Has right to speak in Parliament but no voting right.

‹ ›

Chapter II Parliament (Articles 79-122)

This chapter deals with the Union Legislature and its structure, composition, powers, and procedures. It establishes a bicameral Parliament at the Centre.

Composition of Parliament (Article 79)

Consists of the President + Lok Sabha + Rajya Sabha.

Lok Sabha (House of the People)

• Directly elected by citizens.
• Maximum strength 552.
• Tenure of 5 years (unless dissolved earlier).
• Controls the executive through no-confidence motion.

Rajya Sabha (Council of States)

• Permanent body; not dissolved.
• Maximum strength 250.
• One-third members retire every two years.

Legislative Procedures

• Ordinary Bills passed by both Houses.
• Money Bills introduced only in Lok Sabha (Article 110).
• Joint sitting provision under Article 108.

Parliamentary Privileges (Article 105)

• Freedom of speech in Parliament.
• Protection from court proceedings for parliamentary acts.

Quorum (Article 100)

• One-tenth of total membership required to conduct business.

Chapter III Legislative Powers of the President (Article 123)

This chapter provides the President with ordinance-making power when Parliament is not in session. It ensures urgent legislative action during emergencies or special situations.

• President can promulgate an Ordinance when either House is not in session.
• Ordinance has the same force as an Act of Parliament.
• Must be approved within 6 weeks of reassembly of Parliament.
• Can be withdrawn anytime by the President.
• Subject to judicial review.

Chapter IV The Union Judiciary (Articles 124-147)

This chapter establishes the apex judicial body of India and defines its composition, powers, and jurisdiction.

Supreme Court of India

The Supreme Court is the guardian of the Constitution and protector of Fundamental Rights.

• • Established under Article 124.
  • Chief Justice of India + other judges (number decided by Parliament).
  • Judges appointed by the President.
  • Retirement age: 65 years.
  • Removal by impeachment on grounds of proved misbehavior or incapacity.

• Jurisdictions:

• Original Jurisdiction (Article 131) – Centre-State disputes.
• Appellate Jurisdiction – Appeals from High Courts.
• Advisory Jurisdiction (Article 143).
• Writ Jurisdiction under Article 32.

• Power of Judicial Review.
• Court of Record (Article 129).

Chapter V Comptroller and Auditor-General of India (Articles 148-151)

This chapter ensures financial accountability of the Union Government. It provides for an independent constitutional authority to audit public expenditure. The CAG safeguards public funds and ensures transparency in government spending.

• Appointed by the President.
• Holds office for 6 years or until age 65 years.
• Cannot be removed except like a Supreme Court judge.
• Audits accounts of Union and State governments.
• Submits reports to the President, who places them before Parliament.
• Ensures financial discipline and accountability.

Part V of Indian Constitution lays down the complete framework of the Union Government. It ensures separation of powers among Executive, Legislature, and Judiciary while maintaining accountability through institutions like the CAG. This part forms the foundation of democratic governance at the national level.