Unit-II: Constitutional Organs of the

Government
The Indian Constitution establishes a Parliamentary form of
government, where the powers are divided among three main organs:

1.​ Legislature (Parliament) – Makes laws.

2.​ Executive (President, PM, Governor, CM, etc.) – Implements
laws.
3.​ Judiciary (Supreme Court, High Courts, etc.) – Interprets laws.

This unit covers the composition, powers, and privileges of Parliament,

along with the role and powers of the President and Governor.

1. Parliament

📜 Constitutional Provisions – Articles 79 to 122 cover the

composition, functions, and privileges of Parliament.

(i) Composition of Parliament

Article 79: The Parliament consists of three parts –

1.​ Lok Sabha (House of the People) – Directly elected.

2.​ Rajya Sabha (Council of States) – Indirectly elected.
3.​ President of India – Not a member but plays a crucial role in
law-making.

Lok Sabha (Lower House)

●​ Strength: 545 members (543 elected + 2 nominated by President).

●​ Election: Direct elections based on Universal Adult Suffrage
(Article 81).
 ●​ Tenure: 5 years (but can be dissolved earlier by the President).
●​ Speaker: The presiding officer of the Lok Sabha.

Rajya Sabha (Upper House)

●​ Strength: 250 members (238 elected by State Legislatures + 12

nominated by President for contributions in arts, literature, science,
etc.).
●​ Election: Indirect election by MLAs using proportional
representation (Article 80).
●​ Tenure: Permanent House (1/3rd members retire every 2 years).
●​ Vice President is the ex-officio Chairman of Rajya Sabha.

💡 Fun Fact:
●​ Money Bills (Article 110) can only originate in the Lok Sabha,
and Rajya Sabha cannot reject them, only suggest amendments.

(ii) Parliamentary Sovereignty in India

Parliamentary Sovereignty means that Parliament has supreme

law-making powers. However, unlike the UK Parliament (which is truly
sovereign), India’s Parliament is limited by:

●​ Fundamental Rights (Article 13) – No law can violate these.

●​ Judicial Review (Article 32, 136, 226) – Courts can strike down
unconstitutional laws.
●​ Basic Structure Doctrine (Kesavananda Bharati Case, 1973) –
Parliament cannot alter the basic features of the Constitution.

⚖ Case Law:

●​ Golaknath v. State of Punjab (1967) – Ruled that Parliament

cannot amend Fundamental Rights.
●​ Kesavananda Bharati Case (1973) – Introduced the Basic
Structure Doctrine.
✍ Key Limitations on Parliament:

1.​ Cannot override Judicial Review.

2.​ Cannot abolish Fundamental Rights.
3.​ Cannot change the federal structure of the Constitution.

(iii) Parliamentary Privileges

📜 Articles 105 & 194 define the special rights of MPs and MLAs to
function without external interference.

🔹 Types of Privileges:
1.​ Freedom of Speech in Parliament – No MP/MLA can be sued for
anything they say inside Parliament/Assembly.
2.​ Exemption from Court Proceedings – MPs cannot be arrested
during Parliament sessions.
3.​ Right to Publish Debates & Proceedings – Except in cases of
national security.
4.​ Control Over Internal Proceedings – Parliament is not
answerable to courts for internal decisions.

⚖ Important Case Laws:

●​ Keshav Singh Case (1965) – Parliamentary privileges cannot

violate Fundamental Rights.
●​ P.V. Narasimha Rao Case (1998) – MPs cannot be prosecuted for
taking bribes to vote in Parliament.

📌 Criticism:
●​ Sometimes used to suppress media freedom (ex: banning debates
from being broadcast).
●​ Some MPs misuse privileges to avoid legal accountability.
2. Executive Power: President & Governor

In India, the executive branch is responsible for implementing and

enforcing the laws made by the legislature. While the President is the
constitutional head of the country, their role is largely ceremonial and
symbolic. The real power lies with the Prime Minister and the Council of
Ministers, who make all major policy decisions and govern the country on
a day-to-day basis.

The President acts as the formal head of state and exercises executive
power only on the advice of the Prime Minister and the Council of
Ministers, as mandated by Article 74 of the Constitution. This means that
while all executive actions are carried out in the name of the President, the
actual authority to govern rests with the Prime Minister and their
ministers. The President does not have discretionary powers in most
matters and must follow the advice given by the Cabinet, except in
exceptional situations like dissolving the Lok Sabha or sending a bill for
reconsideration. However, even these discretionary powers are limited, as
the President must ultimately accept the decision of the Council of
Ministers if they reaffirm it.

On the other hand, the Prime Minister is the de facto head of government
and holds the most significant executive authority. They lead the Council
of Ministers, formulate policies, oversee governance, and ensure the
smooth functioning of the administration. The Prime Minister is the link
between the President and the Cabinet and is accountable to the Lok
Sabha. Since the government operates on the principle of collective
responsibility, the entire Council of Ministers remains in power as long as
it enjoys the confidence of the Lok Sabha.

Thus, while the President is the constitutional head, their role is mostly
ceremonial, and they act on the advice of the Prime Minister and the
Council of Ministers, who exercise actual power and control the
government. This system ensures that India follows a Parliamentary
democracy, where the elected representatives hold real power, rather than
a Presidential system where the head of state has direct executive control
(i) President of India

📜 Constitutional Provisions:
●​ Article 52 – Establishes the office of the President.
●​ Article 53 – Executive power is vested in the President but
exercised by the Council of Ministers (Article 74).
●​ Article 61 – Process of Impeachment.

🔹 Election Process:
●​ Elected by an Electoral College consisting of MPs and MLAs
through proportional representation (Article 54).
●​ Tenure: 5 years but can be re-elected.

🔹 Powers of the President:

1.​ Executive Powers:
○​ Appoints PM, Governors, Judges, Election Commissioners.
○​ Administers Union Territories.
2.​ Legislative Powers:
○​ Summons & dissolves Parliament.
○​ Signs bills into law (Pocket Veto allows delaying assent
indefinitely).
3.​ Judicial Powers:
○​ Grants pardons, reprieves, and commutations (Article 72).
4.​ Emergency Powers:
○​ National Emergency (Article 352) – Can suspend
Fundamental Rights.
○​ State Emergency (Article 356) – Can dismiss state
government.
○​ Financial Emergency (Article 360) – Can take control of
financial matters.
⚖ Case Laws:

●​ R. Bommai v. Union of India (1994) – Limited misuse of

President’s Rule (Article 356).

📌 Criticism:
●​ Rubber Stamp President? Since all powers are exercised on the
advice of the PM & Cabinet, the President has no real authority.
(ii) Governor: Role & Powers

📜 Constitutional Provisions:
●​ Article 153 – Each state has a Governor.
●​ Article 154 – Executive power of the state is vested in the
Governor, but exercised on the advice of CM & Council of
Ministers (Article 163).

🔹 Powers of the Governor:

1.​ Executive Powers:
○​ Appoints CM & Ministers.
○​ Administers state affairs.
2.​ Legislative Powers:
○​ Summons & dissolves State Legislature.
○​ Sends certain bills for President’s approval.
3.​ Discretionary Powers:
○​ Can refuse to sign bills passed by the state legislature.
○​ Can recommend President’s Rule (Article 356).

⚖ Case Law:

●​ S.R. Bommai v. Union of India (1994) – Limited Governor’s

power to dismiss state governments arbitrarily.

📌 Controversy:
●​ Political bias – Since Governors are appointed by the Centre, they
often act in favor of the ruling party.

Conclusion
●​ Parliament ensures democracy & representation but has
limitations due to Judicial Review & Fundamental Rights.
●​ President is a ceremonial head, but has important emergency
powers.
●​ Governor plays a key role in states, but often faces criticism for
political bias.