Parliament, the Executive, the Judiciary and Federalism

Union Executive

• President (Art. 52): elected by an electoral college of the elected members of both Houses of Parliament and the elected members of State Legislative Assemblies (including Delhi and Puducherry). Removed by impeachment (Art. 61).
• Vice-President (Art. 63): the ex-officio Chairman of the Rajya Sabha.
• Prime Minister and Council of Ministers (Art. 74–75): the President acts on their advice. The 91st Amendment (2003) capped the size of the Council of Ministers at 15% of the Lok Sabha's strength.

Parliament (Art. 79): President + Lok Sabha + Rajya Sabha

• Money Bill (Art. 110): the Speaker certifies it. It can only be introduced in the Lok Sabha. The Rajya Sabha can delay it for 14 days at most.
• Joint sitting (Art. 108): called by the President to resolve a deadlock on ordinary bills. It is presided over by the Speaker. There is no joint sitting for Money Bills or Constitution Amendment Bills.
• Two seats for Anglo-Indians in the Lok Sabha were ended by the 104th Amendment (2019).

Judiciary

• The Supreme Court (Art. 124) is the guardian of the Constitution. Its jurisdiction is original (Art. 131 – Centre–state disputes), appellate and advisory (Art. 143). Judges are appointed through the collegium system (Second and Third Judges cases).
• Judicial review means courts can strike down laws that violate the Constitution.

Federalism – "a Union of States" (Art. 1)

• The Seventh Schedule has three lists: Union List (e.g. defence, foreign affairs), State List (e.g. police, public order, agriculture) and Concurrent List (e.g. education, forests – added by the 42nd Amendment).
• Residuary powers lie with Parliament (Art. 248).
• Local government: the 73rd Amendment (1992) added Part IX and the 11th Schedule (Panchayats). The 74th Amendment (1992) added Part IXA and the 12th Schedule (Municipalities).

Background: the parliamentary system in one picture

India chose the parliamentary (Westminster) system:

• the President is the constitutional head;
• real power lies with the Council of Ministers headed by the Prime Minister;
• the ministers are collectively responsible to the Lok Sabha (Art. 75(3)).

The Constituent Assembly preferred responsibility (daily accountability through questions and motions) over the stability of the presidential system.

Parliament – structure and powers

Devices of accountability: Question Hour, Zero Hour (an Indian innovation), calling attention, adjournment motion, no-confidence motion, and committees (PAC – chaired by an opposition member by convention – the Estimates Committee and Departmentally Related Standing Committees).

The President and Governor

• The President is elected by an electoral college of elected MPs and elected MLAs (including Delhi and Puducherry), using proportional representation by single transferable vote. The President acts on ministerial advice (Art. 74 – binding since the 42nd and 44th Amendments, though the President may return it once for reconsideration).
• Discretion in special situations: appointing a PM in a hung Parliament, and the "pocket veto" (no time limit for assent to ordinary bills – though in 2025 the Supreme Court discussed timelines for governors and the President, making this an evolving area).
• Ordinance power (Art. 123) when Parliament is not in session; the ordinance must be approved within six weeks of reassembly. Krishna Kumar Singh (2017): repeated re-promulgation is a fraud on the Constitution.
• Governor (Art. 153–162) – appointed by the President, holding office "during the pleasure of the President". The Sarkaria (1988) and Punchhi (2010) Commissions suggested neutral, non-partisan appointments and caution in using Art. 356. In B.P. Singhal (2010), the Court held that governors cannot be removed arbitrarily.

Judiciary – an integrated, independent system

Pendency: more than 5 crore cases across courts (National Judicial Data Grid). The remedies most often discussed are more judges, e-Courts, ADR (mediation – the Mediation Act 2023), Lok Adalats, and the rationalisation of government litigation.

Federalism – "a Union of States"

India is federal in form but with unitary features. K.C. Wheare called it "quasi-federal"; the Supreme Court in S.R. Bommai (1994) declared federalism part of the basic structure.

Cooperative federalism institutions: the Inter-State Council (Art. 263), GST Council (Art. 279A), NITI Aayog, the Finance Commission (Art. 280), Zonal Councils.

Fiscal federalism: the 15th Finance Commission recommended 41% of the divisible pool for states (2021–26). The 16th Finance Commission (chaired by Arvind Panagariya) covers 2026–31.

Case study: Article 356 and the Bommai judgment

Before 1994, President's Rule was often imposed for political reasons (more than 100 times). S.R. Bommai v Union of India (1994) held that:

• the floor of the House is the place to test majority;
• the proclamation is subject to judicial review;
• the assembly should not be dissolved until Parliament approves the proclamation.

Its use declined afterwards. This case shows how judicial review protects federalism.

Common misconceptions

• "The Rajya Sabha has no role in money matters." – It cannot reject Money Bills but has equal power on financial bills of other types and on constitutional amendments.
• "The President is just a rubber stamp." – The office has situational discretion and is a constitutional conscience-keeper (returning advice once, sending messages).
• "Federalism means equal power to the Centre and states." – Indian federalism is asymmetric (Art. 371 special provisions, the Fifth and Sixth Schedules) and gives the Centre an upper hand in crises.

How UPSC asks it

Prelims frequently asks about the powers of houses, the majorities required, the election of the President, and the jurisdictions of the Supreme Court. Mains themes include the role of the Governor, the decline of Parliament's deliberative role, judicial activism vs overreach, cooperative and competitive federalism, and fiscal federalism.

Mains answer framework

Q-type: "Discuss the role of the Governor in Centre–state relations. Is the office a source of friction?"

• Intro: Art. 153–162; a dual role as constitutional head and agent of the Centre.
• Friction points: delays in assent to bills, choice of Chief Minister, reports for Art. 356, the role of chancellor in state universities.
• Judicial and commission views: Bommai, B.P. Singhal, Nabam Rebia (2016), Sarkaria, Punchhi; recent judgments on timelines for assent.
• Reforms: fixed tenure, consultation with the CM in appointment, a code of conduct.
• Conclusion: the office should be a bridge, not a battleground.